Petitioner sought police protection for constructing a compound wall as the fourth respondent obstructed construction despite a civil court injunction. The Supreme Court held police cannot intervene in civil disputes. The petition was dismissed with direction to approach the Civil Court.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937
WP(C).No. 14585 of 2015 (W)
PETITIONER(S):
CHANDRAMATHI AGED 55 YEARS W/O.NARAYANAN, THEKKANCHERY HOUSE, PUTHUPPALLY AMSOM THRITHALLOOR DESOM, THIRUR TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.PRAMOD J.DEV
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME STATE SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DEPUTY SUPERINTENDENT OF POLICE THIRUR, MALAPPURAM-676 101.
3. THE SUB INSPECTOR OF POLICE THIRUR, MALAPPURAM-676 101.
4. RAMACHANDRAN
S/O.BALAN @ KARUPPAN, MEPPARAMBATH, PUTHUPPALLY AMSOM THRITHALLOOR DESOM, THIRUR TALUK MALAPPURAM DISTRICT. 676 101.
R1-R3 BY ADV. STATE ATTORNEY SRI.P.VIJAYARAGHAVAN
R4 BY ADV. SRI.SAJU.S.A
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14585 of 2015 (W)
APPENDIX
PETITIONER(S)' EXHIBITS
P1- A TRUE COPY OF THE SALE DEED NO.1/2014 OF THE SUB REGISTRAR'S OFFICE, KOTAKKAL. P2- A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, PURATHUR TO THE PETITIONER. P3- A TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICE, PURATHUR TO THE PETITIONER.
P4- A TRUE COPY OF THE COMPLAINT DATED 23.04.2015 FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. P5- A TRUE COPY OF THE RECEIPT DATED 28.04.2015 ISSUED TO THE PETITIONER BY THE THIRD RESPONDENT.
P6- A TRUE COPY OF THE CERTIFICATE DATED 30.04.2015 ISSUED BY THE VILALGE OFFICE, PURATHUR TO THE PETITIONER. P7- A TRUE COPY OF THE PLAINT IN CMP NO.32 OF 2015 BEFORE THE HON'BLE DISTRICT COURT, MANJERY (VACATION COURT).
P8- A TRUE COPY OF THE PETITION IN I.A.NO.644 OF 2015 IN CMP NO.32 OF 2015 BEFORE THE HON'BLE DISTRICT COURT, MANJERY (VACATION COURT). P9- A TRUE COPY OF THE INTERIM ORER DATED 07.05.2015 IN I.A.NO.644 OF 2015 IN CMP NO.32 OF 2015 BEFORE THE HON'BLE DISTRICT COURT, MANJERY (VACATION COURT).
P10- A TRUE COPY OF THE COMPLAINT DATED 13.05.2015 FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT. P11- A TRUE COPY OF THE RECEIPT DATED 13.05.2015 ISSUED TO THE PETITIONER BY THE THIRD RESPONDENT. P12- A TRUE COPY OF THE COMPLAINT DATED 13.05.2015 FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.
RESPONDENT(S)' EXHIBITS NIL
Rp
//TRUE COPY//
PS TO JUDGE
ASHOK BHUSHAN, CJ &
A.M. SHAFFIQUE, J.
================
W.P (C) No. 14585 of 2015 ================
Dated this, the 9th day of June, 2015
J U D G M E N T
Shaffique, J
Petitioner has approached this Court seeking police protection for constructing a compound wall in the property owned by her. It is stated that the 4th respondent has obstructed the construction of compound wall and has threatened the petitioner with dire consequences. Petitioner had already filed a suit before the Vacation Court as IA No.644/15 in which an interim order of injunction has been granted restraining the 4th respondent from trespassing upon the petition schedule properties or making any obstruction to the peaceful enjoyment of the properties by the petitioner. Despite the said order of injunction, there is obstruction being created by the 4th respondent. The complaint of the petitioner is that though petitions were filed before the police seeking police protection for
W.P (C) No. 14585/15
-:2:-
construction of the compound wall, no action has been taken by the police and therefore, the petitioner has approached this Court.
W.P (C) No. 14585/15
-:3:-
Accordingly, relegating the parties to approach the Civil
Court for appropriate orders, the writ petition is dismissed.
Sd/-
ASHOK BHUSHAN, CHIEF JUSTICE
Sd/- A.M. SHAFFIQUE, JUDGE
Rp
//True Copy//
PS to Judge
2 issues framed by the court
Whether the police can intervene to protect the petitioner during a civil dispute over property ownership and construction obstruction.
Whether the petitioner is entitled to writ protection after filing a civil suit regarding the same property dispute.
Chandramathi
State of Kerala
Deputy Superintendent of Police Thirur
Sub Inspector of Police Thirur
Ramachandran
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
