IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 17959 of 2011(T) -------------------------- PETITIONER(S): --------------- JOLLY SCARIA, S/O. SCARIA, AGED 43 YEARS NADUPURAKKAL HOUSE, 1000 ACRE KARA, VELLATHUVAL, ADIMALI, IDUKKI DISTRICT. BY ADV. SRI.V.T.RAGHUNATH SMT.C.V.RAJALAKSHMI SMT.K.P.SHEEBA RESPONDENT(S): --------------- 1.STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2.SUB-INSPECTOR OF POLICE ADIMALI POLICE STATION, IDUKKI DISTRICT. 685 602 3.SUNITHA, W/O, JOLLY SCARIA, 39 YEARS, NO.XV/171, NADUPURAKKAL HOUSE,1000 ACRE KARA, VELLATHUVAL, ADIMALI, IDUKKI. 685 561. 4. C.S.SASI CHERUKUZHIYIL, FATHER'S NAME NOT KNOWN, AGED ABOUT 40 YEARS, NO.XV/172A, NADUPURAKKAL HOUSE,1000 ACRE KARA, VELLATHUVAL, ADIMALI, IDUKKI. 685 561 5. PRIYA, W/O. SASI, AGED ABOUT 32 YEARS, NO.XV/172A, NADUPURAKKAL HOUSE,1000 ACRE KARA, VELLATHUVAL, ADIMALI, IDUKKI. 685 561 6. NIKHIL, FATHER'S NAME NOT KNOWN, AGED ABOUT 30YEARS, NO.XV/172B, NADUPURAKKAL HOUSE,1000 ACRE KARA, VELLATHUVAL, ADIMALI, IDUKKI. 685 561 7. JAYESH, FATHER'S NAME NOT KNOWN AGED ABOUT 30 YEARS NO.XV/171, NADUPURAKKAL HOUSE,1000 ACRE KARA, VELLATHUVAL, ADIMALI, IDUKKI. 685 561 8. JOSMI, W/O. JAYESH AGED ABOUT 25 YEARS NO.XV/173A, NADUPURAKKAL HOUSE,1000 ACRE KARA, VELLATHUVAL, ADIMALI, IDUKKI. 685 561 9. HAMEED, FATHER'S NAME NOT KNOWN, AGED ABOUT 34 YEARS NO.XV/173B, NADUPURAKKAL HOUSE,1000 ACRE KARA, VELLATHUVAL, ADIMALI, IDUKKI. 685 561 10. KADIJA, W/O. HAMEED AGED ABOUT 28 YEARS, NO.XV/173A, NADUPURAKKAL HOUSE,1000 ACRE KARA, VELLATHUVAL, ADIMALI, IDUKKI. 685 561 11.VARGHESE, S/O. MATHAI AGED 50 YEARS POLICE OFFICER, PARACKAL HOUSE, MEKKADUKARA, CHENGAMANAD VILLAGE, ALUVA 683 101. ADV. SRI.A.T.ANILKUMAR FOR R3 & 11 SMT.V.SHYLAJA FOR R3 & 11 THE GOVT.PLEADER SMT.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/8 /2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17959/2011 APPENDIX PETITIONER'S EXHIBITS; EXT.P1: REGISTERED WILL EXECUTED BY PETITIONER'S FATHER AND MOTHER DATED 2/4/2002. EXT.P2: BUILDING TAX RECEIPT IN THE NAME OF PETITIONER DATED 8/2/2010. EXT.P3: BUILDNG TAX RECEIPT IN THE NAME OF PETITIONER DATED 24/5/11 EXT.P4; FINAL REPORT IN CRIME NO.833/09 FILED BEFORE JFCM ADIMALI AGAINST THE PETITIONER. EXT.P5; ORIGINAL PETITION FOR DIVORCE BY THE PETITIONER AGAINST R3 DT.1/1/2010. EXT.P6; OBJCTION TO EXT.P5 BY R3 DT.15/10/2010. EXT.P7; ORDER OF THE FAMILY COURT THODUPUZHA DISMISSING OP 1/2010 DATED 8/3/2011. EXT.P8; AFFIDAVIT OF R3 FILED IN O.P. 44/10 FOR ATTACHMENT DATED 5/2/2010. EXT.P9; PETITION FOR ATTACHMENT FILED IN OP 44/10 BY R3 DATED 5/2/2010. EXT.P10; FINAL REPORT FILED IN CRIME NO.74/10/ BEFORE THE JFCM ADIMALI AGAIST THE PETITIONER AND HIS MOTHER EXT.P11; COMPLAINT BY THE PETITIONER BEFORE THE SI ADIMALI AGAINST R3 R11 & OTHERS DATED 18/9/2010. EXT.12; COMPLAINT BY THE PETITIONER ; BEFORE THE S.I.ADIMALI AGAINST R3,R4 AND ANOTHER DATED 18/9/2010. EXT.P13; FINAL REPORT FILED IN C.R. 1241/10 BEFORE THE JFCM ADIMALI AGAINST THE EPTITIONER. EXT.P14; PLAINT FILED IN OS NO.124/11 BY THE PETITIONER AGAINST R11 DATED 25/5/2011. EXT.P15; AFFIDAVIT AND INJUNCTION PETITION FILED IN OS 124/11 BY THE PETITIONER DATED 25/5/2011. EXT.P16; REPORT FILED BY THE ADV. COMMISSIONER IN OS 124/2011 DATED 16/6/2011. EXT.P17; ORDER OF THE JFCM ADIMALI DISMSISING CMP 3532/09 FILED BY R3 UNDER THE DV ACT DATED 2/2/2010. EXT.P18; ORDER OF THE JFCM ADIMALI DISMSISING CMP 3532/2009 FIED BY R3 UNDER THE DV ACT DATED 9/3/2011. EXT.P19; NOTICE ISSUED TO THE PETITIONER IN CRL.APPEAL 157/11 OF SESSIONS COURT THODUPUZHA DATED 6/6/2011. EXT.P20; DELAY PETITION AND AFFIDAVIT OF R3 FILED IN CRL.APPEAL 157/11 DATED 31/5/2011. EXT.P21; COMPLAINT FILED BY THE PETITIONER AGAINST R3 BEFORE ADIMALI POLICE DATED 15/6/2011. EXT.P22; RECEIPT ISSUED BY ADIMALI POLICE FOR THE RECEIPT OF THE COMPLAINT FILED BY THE PETITIONER DATED 15/6/2011. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 17959 OF 2011 ------------------------ Dated this the 22rd day of August, 2011 JUDGMENT Abdul Rehim, J. This writ petition is filed seeking directions to respondents 1 and 2 to provide police protection for enjoyment of the property owned by the petitioner, from not being damaged in any manner by respondents 3 to 11 or their people. The third respondent is the wife of the petitioner. Admittedly they are in a strained marital relationship. It is stated that various litigations are pending before the Family Court, Thodupuzha as well as before the Judicial First Class Magistrate Court, Adimali. Complaint of the petitioner is that the 3rd respondent as well as the other contesting respondents supporting her, is in occupation of a portion of building owned by the petitioner and the 3rd respondent had let out certain portions of the buildings to strangers, without consent of the petitioner. It is also complained that the 3rd respondent and her men are causing damages to the property and creating obstruction to the WPC.No.17959/2011 2 petitioner for its enjoyment. 2. Sri.A.T.Anil Kumar learned counsel appearing for respondents 3 to 11 submitted that various litigations are pending between the parties in question, and he points out that a suit pertaining to the disputed rights over the very same property is pending disposed before the Munsiff Court, Devikulam. Under the above mentioned circumstances, we are of the considered opinion that the petitioner could not be permitted to agitate the issue pertaining to the disputed rights with respect to the said property, in this proceedings which is instituted under Article 226 of the Constitution of India. 3. Sri.V.T.Raghunath learned counsel for the petitioner submitted that, under the guise of litigations and disputes raised the respondents 3 to 11 are causing hindrance to the legitimate rights of the petitioner. According to him, the illegitimate and illegal actions now resorted to by the respondents is creating hindrance to enjoyment of the legitimate rights of the petitioner with respect to title and possession on the property in question. Learned counsel made reference to the provisions contained in Section 149 of the Code of Criminal WPC.No.17959/2011 3 Procedure as well as Section 4 (b) read with Section 27 of the Kerala Police Act, 2011 in order to to contend that the police has got duty to interfere when such rights are infringed and hindered through illegal and illegitimate actions. Non interference of the police authorities with respect to various complaints lodged, will amount to dereliction of duty cast upon them and therefore writ of mandamus is warranted from this court. is the submission. 4. Considering the rival contentions as narrated above, we are of the opinion that the dispute with respect to the title, possession and other rights over the property, existing between the contesting parties cannot be be adjudicated in this proceedings. We take note of the fact that such disputes are now pending adjudication before various courts having jurisdiction under Common Law. Position being so, if any order rendering police protection is issued for protecting any of the rights of the petitioner with respect to ownership, possession or enjoyment over immovable property, the same may result in causing severe prejudice to the rights and claims of the contesting respondents. On the other hand we notice that the WPC.No.17959/2011 4 petitioner can seek such reliefs from the competent Civil Court, where such dispute is pending. Therefore, we restrain from issuing any order of police protection as prayed for. 5. However, we direct the police authorities concerned ( 2nd respondent herein)_ to have a constant vigil over the situation and to take necessary steps to ensure that there is no breach of peace and to ensure that law and order situation is maintained. This writ petition is disposed of with the above observations. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk