IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34885 of 2008(C) -------------------------- PETITIONER: --------------- V.V.SANTHOSH, S/O.LATE V.K.VELAYUDHAN, VALLATHERY HOUSE, PROPRIETOR OF HOTEL “SREEJI” ANGAMALY, REP. BY HIS POWER OF.ATTORNEY HOLDER V.V.BABU, S/O.LATE V.K.VELAYUDHAN, VALLATHERY HOUSE, ASOKAPURAM, ALUVA-683 101. BY ADV. SRI.WILSON URMESE SRI.M.C.ANTONY RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, ANGAMALY. 2. THE SUB INSPECTOR OF POLICE, ANGAMALY. 3. V.V.RAJAN, S/O.LATE V.K.VELAYUDHAN, VALLATHERY HOUSE, ANGAMALY-683572. 4. SAVITHRI, W/O.LATE V.K.VELAYUDHAN, VALLATHERY HOUSE, ANGAMALY-683 572. GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.34885 OF 2008 ---------------------------------------- Dated this the 26th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is running a hotel, which is housed in a room bearing door No.AMC 20/319 of Angamaly Municipality. The other rooms in that building belong to his brothers. They are running different businesses in them. Recently, the 3rd respondent, who is one of his brothers and the 4th respondent, who is his mother, are causing obstruction to the running of the hotel. They came to the hotel and prevented its functioning on several occasions. They also prevented the petitioner's workmen from drawing water from the common well in the compound of the building used by all the brothers. They are threatening the workmen also. In the above background, the petitioner preferred Ext.P4 representation before the Sub Inspector of Police and thereafter this writ petition is filed, seeking a direction to the police to grant him protection to run the hotel. 2. Apparently, the dispute raised in this writ petition is a dispute between the members of the family. If the petitioner has got absolute right over the room, housing the hotel, he can W.P.(C) No.34885/2008 2 move the competent civil court and get an injunction against his brother and mother, who are causing obstruction. The police cannot be conceded right or power to go into the title and possession of the petitioner over the room and lack of right of respondents 3 and 4 and come to the aid of the petitioner. It is no part of the duty of the police. If the petitioner has approached the civil court and the civil court passes any order and the same is violated by the defendants, the petitioner can move the civil court for police assistance. In appropriate cases, the court can direct the police to render assistance to the petitioner. Only in such circumstances, the police can interfere in civil disputes of this nature. Accordingly, the writ petition is dismissed, without prejudice to the contentions of the petitioner and his right to move other forums for appropriate reliefs. But, this judgment will not affect the powers of the police to take action, in accordance with law, if any cognizable offence is reported. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps