In a writ petition, the petitioner sought directions for police non-interference in a civil dispute over a property pathway. The court, satisfied by submissions that it is a civil matter pending before a civil court, dismissed the petition.
Writ petition closed with directions that police shall only interfere if any crime is involved.
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 HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 27TH DAY OF JANUARY 2014/7TH MAGHA, 1935
WP(C).No. 1063 of 2014 (G)
PETITIONER :
USMAN, AGED 35 YEARS S/O. MUHAMMED HAJI, KALLUNGAL HOUSE, KODINJI THIROORANGADI, MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENTS :
R1 & R2 BY SPL.GOVERNMENT PLEADER,SRI.SUJITH MATHEW JOSE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1063 of 2014 (G)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 : TRUE COPY OF THE PLAINT IN OS No.9/2014 OF THE MUNSIFF COURT, PARAPPANANGADI DATED 06.01.2014.
RESPONDENTS' EXHIBITS:
NIL
/TRUE COPY/
PA TO JUDGE
Manjula Chellur, C.J. & A.M. Shaffique, J.
W.P(C). No. 1063 OF 2014
JUDGMENT
Shaffique, J.
Petitioner has approached this Court seeking a direction to respondents 1 and 2 not to interfere with the civil dispute which is the subject matter in OS No.9 of 2014 before the Munsiff's Court, Parappanangadi.
WP(C) No. 1063 of 2014
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dispute that a civil suit is pending between the petitioner as well as party respondents and Advocate Commissioner is also appointed in the matter. The petitioner is not entitled for any relief as far as civil rights are concerned and such issues can be taken up before the Civil Court. In respect of civil dispute the Police has no right to interfere. However, if there is any untoward incident happens or there is a crime involved in the matter, Police shall interfere.
Manjula Chellur, Chief Justice.
A.M. Shaffique, Judge.
ttb/28/01
WP(C) No. 1063 of 2014
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1 issue framed by the court
Whether the High Court can direct police to refrain from interfering in a pending civil dispute involving a property pathway.
USMAN
THE DISTRICT POLICE CHIEF, MALAPPURAM
THE SUB INSPECTOR OF POLICE, THIROORANGADI POLICE STATION
AKBAR ALI
Manjula Chellur
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
