The High Court held that the police cannot interfere in a purely civil dispute pending before the Court. The interim order directing the police to act was declared absolute, subject only to apprehension or commission of an offence.
The interim order directing the police was declared absolute.
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 K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 22ND DAY OF MARCH 2018 / 1ST CHAITHRA, 1940
WP(C).No. 1886 of 2017
PETITIONER
KANNANKUTTY S/O.MADHAVAN, AGED 45 YEARS, KALLADITHODI VEEDU, KARIYANKODE POST, ANIKODE, ALATHUR TALUK, PALAKKAD DISTRICT.
BY ADVS.SRI.N.L.KRISHNAMOORTHY SRI.K.LAKSHMINARAYANAN SMT.SATHYA SHREEPRIYA
RESPONDENTS:
1. DISTRICT SUPERINTENDENT OF POLICE PALAKKAD
2. DEPUTY SUPERINTENDENT OF POLICE ALATHUR , PALAKKAD.
3. CIRCLE INSPECTOR OF POLICE
4. SUB INSPECTOR OF POLICE
5. RAVENNDRAN
6. SINJITH
S/O.SWAMINATHAN,
AGED 22 YEARS,
CHERINGAL HOUSE, KARIYANGODE POST,
ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678541.
R6 BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
BY SENIOR GOVERNMENT PLEADER SHRI P.P. THAJUDDIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1886 of 2017 (I)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENTS EXHIBITS:-
/TRUE COPY/
P.A. TO JUDGE
SKV
K. VINOD CHANDRAN & ASHOK MENON, JJ.
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W.P.(C).No.1886 of 2017
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Dated this the 22nd day of March, 2018
JUDGMENT
K. VINOD CHANDRAN, J.
The petitioner was aggrieved with the steps taken by the police to evict the petitioner, when there was a civil dispute pending before this Court. The learned Senior Government Pleader on struction submits that on receipt of a complaint, the DYSP merely advised the parties to approach the civil court. In any event, we see no reason for the police to interfere purely in civil dispute. Hence the interim order directing the police is absolute, subject only to interference if there is any apprehension or commission of the offence.
Sd/- K. VINOD CHANDRAN, JUDGE
Sd/-
ASHOK MENON, JUDGE
SKV
2 issues framed by the court
Whether police interference in a civil dispute pending before the court was justified.
Whether the impugned interim order directing the police to take action should be set aside.
Kannankutty S/O.Madhavan
District Superintendents of Police
Ravenndran
Sinjith
K.Vinod Chandran
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
