IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 6085 of 2008(Y) ------------------------- PETITIONER: ------------ NAZEER, S/O.IBRAHIM KUNJU, 'NIZAM MANIL', EDAVOORKONAM, PUTHUSSERYMUKKU P.O KUDAVOOR VILLAGE, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENTS: ------------- 1. NAZEER, S/O.SHOUKATHALI, AGED 35, AGED 35, DARUL KUDA HOUSE, EDAVOORKONAM, PUTHUSSERYMUKKU P.O., KUDAVOOR VILLAGE. 2. SHOUKATH ALI, AGED 60, DARUL KHUDA HOUSE, EDAVOORKONAM, PUTHUSSERYMUKKU P.O., KUDAVOOR VILLAGE. 3. JASIM, S/O.SAINULLABDIN, AGED 20, JASMIN MANZIL, EDAVOORKONAM, PUTHUSSERYMUKKU P.O., KUDAVOOR VILLAGE. 4. JAASSIM, S/O.BADARUDDIN, AGED 18, 'BUSHARA MANZIL', EDAVOORKONAM, PUTHUSSERYMUKKU P.O., KUDAVOOR VILLAGE. 5. SHERIFA BEEVI, W/O.SHOUKATHALI, AGED 55, 'DRAULHUDA HOUSE', EDAVOORKONAM, PUTHUSSERYMUKKU P.O., KUDAVOOR VILLAGE. 6. SHAHIDABEEVI, D/O.SHERIFA BEEVI, AGED 40, 'DARULHUDA MANZIL', EDAVOORKONAM, PUTHUSSERYMUKKU P.O. KUDAVOOR VILLAGE. WPC 6085/2008 7. ANAZ, S/O.SHERIFA BEEVI, AGED 18, 'DARULHUDA MANZIL', EDAVOORKONAM, PUTHUSSERYMUKKU P.O., KUDAVOOR VILLAGE. 8. SUB INSPECTOR OF POLICE, KALLAMBALAM POLICE STATION, KALLAMBALAM, THIRUVANANTHAPURAM DT. 9. STATE OF KERALA, REP. BY HOME SECRETARY GOVERNMENT SECRETARIAT, TRIVANDRUM. BY ADV. SRI.K.RAVIKUMAR GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 6085/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - THE TRUE PHOTO COPY OF THE REPRESENTATION FILED BEFORE THE DY.S.P., ATTINGAL ON 12.2.2008 EXT.P2 - THE TRUE PHOTO COPY OF THE REPRESENTATION FILED BEFORE THE 8TH RESPONDENT ON 14.2.2008. RESPONDENTS' EXTS. ANNEXURE- R1 - COPY OF DOCUMENT DATED 13.4.04.,. NO.1041/04 OF NAVAIKULAM SRO. ANNEXURE-R2 - COPY OF PETITION DATED 5.2.08 SUBMITTED BY THE 6TH RESPONDENT. ANNEXURE-R3 - COPY OF THE PETITION DATED 4.2.08 SUBMITTED BY THE 6TH RESPONDENT. ANNEXURE-R4 - COPY OF THE PETITION DATED 13.2.08 SUBMITTED BY R6. ANNEXURE-R5 - COPY OF PLAINT IN O.S.NO.49/2008 BEFORE THE MUNSIFF'S COURT, VARKALA. ANNEXURE-R6 - COPY OF NOTICE DATED 13.2.2008 ISSUED BY THE SECRETARY, NAVAIKULAM GRAMA PANCHAYAT. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO.6085 OF 2008-Y ----------------------------------------- Dated 26th February, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, seeking police protection to him and his family members, in view of the alleged threat from the part of respondents 1 to 7. The properties on the eastern side of the petitioner's property belong to the 6th respondent. She made a construction, allegedly encroaching into the petitioner's property. So, he moved the civil court and obtained an interim injunction against her. Thereafter the 6th respondent and respondents 1 to 5 and 7, who are her relatives and supporters, are abusing and threatening the petitioner and his family members. The construction of his house in his property is being obstructed by them. Feeling aggrieved by the alleged actions of those respondents, the petitioner has preferred Exts.P1 and P2 representations before the police, seeking police protection to him and his family members. Since the police did not take any action, this writ petition is filed, seeking the following reliefs: WPC 6085/2008 2 “(a) to issue a writ of mandamus or other appropriate writ, direction or order commanding the 8th respondent to afford adequate police protection to the life and property of the petitioner in Sy.No.706/6-A1 (Re.Sy.No.446/19) of Navaikulam Village and to the workers of the petitioner. (b) to issue such other writ, direction or order which deems fit under the facts and circumstances of the case, to afford adequate protection to the life of the petitioner and his employees at the time of ingress and egress to the house of the petitioner.” 2. The respondents 1 to 7 have filed a counter affidavit, denying all the allegations of the petitioner. According to them, the petitioner is constructing his house, encroaching into the property of the 6th respondent. Therefore, she moved the Panchayat and the Panchayat has issued Annexure R6 stop memo to the petitioner to stop the construction undertaken by him. It is also submitted that the 6th respondent's husband is working in the Gulf and she is being threatened by the petitioner. Feeling aggrieved by the same, she has filed Annexures R3 and R4 representations before the police, seeking protection. 3. The learned Government Pleader, upon instructions, submitted that upon receipt of the complaints from both sides, the parties were called and it was understood that the dispute between the parties is mainly a civil dispute concerning encroachment. It appears there is some dispute regarding a pathway also. These are matters to be settled before the civil court and WPC 6085/2008 3 therefore, the police did not interfere, it is submitted. 4. We feel that the stand taken by the police is correct. In the civil dispute between the parties the police have no role to play. The dispute has to be resolved through the forum of the civil court. Therefore, we are of the view that it is not proper for this Court to direct the police to extend protection to one side or the other. But, it is clarified that the powers of the police to take action, if any cognizable offence is reported, will not be affected by this judgment. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/