In this civil writ petition concerning a property dispute, the Court held that the police was not justified in interfering in the civil dispute between parties. The Court directed police to maintain law and order while leaving crocodile dispute questions open for civil courts.
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 MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 1ST DAY OF SEPTEMBER 2022 / 10 TH BHADRA, 1944
WP(C) NO.15257 OF 2022
PETITIONER :-
PANKAJAKSHAN NAIR, AGED 78 YEARS S/O. PATHMANABHAN PILLA, NIRANJANA, T. C. 94/2979, P.R.A.-35, NALUMUKKU, PETTAH P. O., THIRUVANANTHAPURAM – 695 024.
BY ADVS. C.V.MANUVILSAN Y.CONSTANTINE RAGESH N.T. O.A.ANJU FARHAN M.M. AJESH K. ANTONY P.CHANDRASEKHAR
RESPONDENTS :-
4 THE STATION HOUSE OFFICER MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE P. O., TRIVANDRUM, KERALA – 695 011. 5 LILLY PUSHPAM, AGED 60 YEARS W/O. CRISTOPHER, T. C. 14/1733, KANNAMOOLA, MEDICAL COLLEGE P. O., THIRUVANANTHAPURAM - 695 011. 6 TAHSILDAR (LR) TALUK OFFICE, KOTTAKKAKAM, THIRUVANANTHAPURAM - 695 023.
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8 SURVEY SUPERINTENDENT CIVIL STATION ROAD, KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 043. BY ADVS. SRI.T.K.SHAJAHAN, SR.GP M.HEMALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 1st day of September, 2022
This writ petition is filed seeking the following reliefs :-
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the Constitutional Right of a Citizen under Article 300A of the Constitution of India, especially when an interim order has already been passed by the Competent Civil Court is in existence, to prevent any sort of illegal encroachment up on the property of another with the help of unruly elements of the State.
v) Issue a Writ of Mandamus directing the Respondent/ Police Officials as to discharge their Constitutional Right under Article 300A of the Constitution of India, being the most important instrumentality of the State, especially when an Interim Order has already been passed by the Competent Civil Court is in force, to prevent any sort of illegal encroachment up on the property of another by the 5th respondent or her henchmen, who are the unruly elements of the State.
vi) Issue a Writ of Mandamus directing the Respondents No.2-4 to take up the respective Representations preferred to them vide Exhibits P11, 12, 13 and 14, within a time frame, by affording an opportunity of being heard to the petitioner or his authorised representative, keeping in view of the Constitutional Right of the petitioner and constitutional duty of police under Article 300A of the Constitution of India.”
learned Government Pleader as well as the learned counsel appearing for the 5th respondent.
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submitted that the property was obtained by the petitioner pursuant to Ext.P1 partition deed and Ext.P2 is the basic tax receipt. It is contended that the petitioner and his son are the only legal heirs of late M.Jayalakshmi who was the owner of the property. It is contended that the 5th respondent, who owns the neighbouring property, has trespassed into the property of the petitioner and demolished the boundary wall and opened a pathway through the properties of the petitioner. It is submitted that the petitioner has approached the Munsiff Court, Thiruvananthapuram filing O.S. No.430/2022 and Ext.P7 order of injunction restraining the 5th respondent from trespassing into the plaint schedule property, committing waste or mischief therein or making any construction has been rendered by the competent civil court. It is contended that even thereafter, the 5th respondent has been committing criminal trespass and the complaints raised by the petitioner before the police have not evoked any response.
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after the death of her husband, the 5th respondent and her two children are owners in possession of the property. It is submitted that on the strength of an interim order of police protection granted by this Court, the petitioner had encroached into the 5th respondent's property and cut down six coconut trees and caused extensive damages in the properties belonging to the 5th respondent.
Having considered the contentions advanced on all sides, I am of the opinion that the police was not justified in interfering in the civil dispute between the parties. The interim order granted by this Court cannot be used to decide any disputed questions of fact with regard to rights over the property or the boundaries and identity of the properties claimed by the parties to a civil dispute. The police shall take appropriate steps to see that law and order is maintained in the area in question. All other questions are left open to be decided in the appropriate civil suits pending between the parties. The
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contention of the 5th respondent that encroachments have been made into the property of the 5th respondent under the cover of an order of police protection granted by this Court and damages have been caused therein shall also be specifically considered. All such contentions are left open. The police shall intervene in the matter only to see that law and order is maintained.
This writ petition is ordered accordingly.
Sd/ANU SIVARAMAN JUDGE
Jvt/13.9.2022
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APPENDIX OF WP(C) 15257/2022
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE PHOTOCOPY OF THE PARTITION DEED DATED 28.12.1985. |
|---|---|
| Exhibit P2 | A TRUE PHOTOCOPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTY IN SY. NO.242/2 OF KADAKAMPALLY VILLAGE OF TRIVANDRUM TALUK OF THE PETITIONER. |
| Exhibit P3 | A SKETCH OF THE PROPERTY IN SY. NO.242/2 OF KADAKAMPALLY VILLAGE OF TRIVANDRUM TALUK AND ITS SURROUNDING AREA. |
| Exhibit P4 | A TRUE PHOTOCOPY OF PAGE NO.1018 OF THE FIELD MEASUREMENT BOOK, WHICH INCLUDES THE PROPERTIES OF THE PETITIONER AND THE ABOVE SAID RESPONDENT VIZ. LILLY PUSHPAM. |
| Exhibit P5 | A TRUE PHOTOCOPY OF THE REPORT VIDE NO.H5/18293/21 DATED 29.09.2021. |
| Exhibit P6 | A TRUE PHOTOCOPY OF THE NOTICE IN FORM NO.13 DATED 18.02.2022, ISSUED BY THE TAHSILDAR (LAND RECORDS -LR). |
| Exhibit P7 | A TRUE PHOTOCOPY OF THE INTERIM INJUNCTION ORDER DATED 26.03.2022, UNDER ORDER 39 RULE 1 PASSED BY THE LEARNED PRINCIPLE MUNISIFF, TRIVANDRUM. |
| Exhibit P8 | A TRUE PHOTOCOPY OF THE COMMISSIONER REPORT DATED 06.04.2022 SUBMITTED IN OS NO.430/2022. |
| Exhibit P9 | A TRUE PHOTOCOPY OF THE PROSECUTION PETITION FILED BY THE PETITIONER ORDER 39 RULE 2A OF THE CPC. |
| Exhibit P10 | A TRUE COPY OF THE E-COURT PROCEEDINGS IN RESPECT OF OS 430/2022 BEFORE THE PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM. |
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Exhibit P11 A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE STATION HOUSE OFFICER, MEDICAL COLLEGE POLICE STATION TRIVANDRUM DATED 29.03.2022. Exhibit P12 A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE CITY POLICE COMMISSIONER AND THE ACKNOWLEDGEMENT RECEIPT OF THE SAME DATED 01.04.2022. Exhibit P13 A TRUE COPY OF THE REMINDER SUBMITTED TO THE CITY POLICE COMMISSIONER, TRIVANDRUM AND THE ACKNOWLEDGEMENT RECEIPT OF THE SAME DATED 12.04.2022.
| Exhibit P14 | A TRUE PHOTOCOPY |
OF THE | REPRESENTATION |
|---|---|---|---|
| SUBMITTED BEFORE | THE DGP | AND THE | |
| ACKNOWLEDGEMENT | RECEIPT | OF THE SAME. | |
| RESPONDENT | EXHIBITS |
Pankajakshan Nair
The State of Kerala represented by the Secretary, Department of Home Affairs
Director General of Police & State Police Chief
The District Police Chief & Commissioner of Police
The Station House Officer Medical College Police Station
Lilly Pushpam
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
