Petitioner, allegedly of unsound mind, sought police protection for 51 cents of land allegedly belonging to her. The Court noted that the core issue regarding property identity is a civil dispute and cannot be resolved by police or this writ jurisdiction.
Petition dismissed. Direction for regular civil process issued; no protection granted pending civil resolution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN
MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933
WP(C).No. 8185 of 2011(W)
PETITIONER :
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C.K.GEETHA, D/O.LATE A.C.BALAKRISHNAN NAMBIAR, SREEMANDIRAM, VEMOM AMSOM, ARATTUTHARA DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT.
REP. BY HER BROTHER SRI.C.K.RADHAKRISHNAN, (GUARDIAN OF THE PETITIONER BECAUSE SHE IS AN INSANE) SREEMANDIRAM, VEMOM AMSOM, ARATTUTHARA DESOM, MANANTHAVADY TALUK,WAYANAD
BY ADV. SRI. M.P. ASHOK KUMAR
RESPONDENT(S): -------------------------
1. THE SUB INSPECTOR OF POLICE, MANANTHAVADY POLICE STATION, MANANTHAVADY, WAYANAD DISTRICT, PIN 670 645.
2. THE SUPERINTENDENT OF POLICE, WAYANAD DISTRICT, PIN 673 121.
3. MR.K.O.CHACKO, S/O.OUSEPH, KIZHAKKE MANNOOR HOUSE, VEMOM AMSOM, ARATTUTHARA DESOM, MANANTHAVADY TALUK, WAYANAD DISTRICT, PIN 670 645.
R1 & R2 BY GOVT. PLEADER SMT. C.M. CHARISMA R3 BY ADV. SRI.P.M.MOHAMMED SHIRAZ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 8185 of 2011(W)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS:
//TRUE COPY//
P.S. TO JUDGE
Mn
R.BASANT & K. SURENDRA MOHAN, JJ.
W.P(C) NO: 8185 OF 2011 W
----------------------------------------------------------Dated this the 30th May, 2011.
JUDGMENT
Basant, J.
The petitioner has come to this Court with this petition for issue of directions under Art.226 to respondents 1 and 2 to afford protection to the petitioner in respect of 51 cents of land allegedly belonging to her exclusively against any culpable and contumacious action on the part of the third respondent.
WPC 8185/2011 2
Govt. Pleader after taking instructions from respondents 1 and 2 submits that the disputes between the parties is a pure civil dispute and it is for the parties to approach the civil court for resolution of disputes. Police cannot resolve the civil dispute between the parties, it is submitted.
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WPC 8185/2011
circumstances it is idle to contend that the petitioner is of unsound mind and cannot protect her interests.
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WPC 8185/2011
her brother. That was done on the application of the third respondent who contended that the petitioner's brother is managing properties on her behalf on account of her mental illness. In any case the fact that a document was executed by the petitioner in 2011 in her own name is not specifically disputed. It is also accepted that her brother has not been appointed by Court as guardian of the property of the petitioner on the assertion that she is a mentally challenged person.
WPC 8185/2011
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R.BASANT Judge
K. SURENDRA MOHAN Judge
jj
WPC 8185/2011 6
2 issues framed by the court
Whether a criminal tribunal under Art.226 can resolve a dispute regarding the identity of disputed properties.
Whether the petitioners are entitled to interim protection against alleged illegal obstruction by a rival property owner.
C.K. GEETHA
THE SUB INSPECTOR OF POLICE, MANANTHAVADY
THE SUPERINTENDENT OF POLICE, WAYANAD DISTRICT
MR. K.O. CHACKO
R. BASANT
K. SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
