IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 32853 of 2008(J) -------------------------- PETITIONER: --------------- KARTHYAYANI AMMA, AGED 68 YEARS, W/O.NARAYANAN NAIR, MULLATH HOUSE, EDATHANATTUKARA, PALAKKAD DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, NATTUKAL POLICE STATION. 3. CIRCLE INSPECTOR OF POLICE, MANNARCAUD. 4. SUB DIVISIONAL MAGISTRATE, OTTAPALAM. 5. GOPALAKRISHNAN, S/O.NARAYANAN NAIR, CHUNDAYIL VEEDU, EDATHANATTUKARA POST, PALAKKAD DISTRICT. 6. SAYED, S/O. HYDROSE, CHELAKKODAN HOUSE, EDATHANATTUKARA POST, MANNARCAUD TALUK, PALAKKAD DISTRICT. GOVT.PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.32853 OF 2008 ---------------------------------------- Dated this the 28th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court seeking a direction to respondents 2 and 3 who are police officers to render adequate protection to the petitioner, so that, she can tap and also slaughter the rubber trees standing in the property having an extent of 88 cents of land comprised in Survey No.3/1, 2 and 3 of Edathanattukara Amsom, Desom of Mannarkkad Taluk and other properties shown in the schedule of Ext.P3 plaint in O.S.No.120/2005 of the Munsiff Magistrate's Court, Mannarkkad. It was a suit filed by the 5th respondent claiming partition of the plaint schedule property. The said suit is pending. In the said suit, I.A.No.620/2005 was filed, seeking a direction to restrain the petitioner from entering into the properties. That I.A. was dismissed. The petitioner submits, he has already obtained Ext.P6 judgment in his favour in O.S.No.98/2005 on the file of the Munsiff Magistrate's Court, Mannarkkad, restraining the defendants therein, who are W.P.(C) No.32853/2008 2 respondents 5 and 6 herein and their workmen trespassing into the plaint schedule property and also from cutting and removing rubber trees from there. The schedule property therein is item No.4 in Ext.P3 plaint. The petitioner points out, the order in I.A.No.620/2005 in O.S.No.120/2005 was confirmed by the appellate court, as per Ext.P9. Earlier when the petitioner was prevented from entering into the aforementioned property by the respondents 5 and 6, she preferred Ext.P13 petition before the Sub Inspector of Police and Ext.P14 petition before the Sub Inspector of Police, Vanitha Cell, Palakkad. In those representations, she has prayed for protection to her life and property. Alleging that the police did not take any action, this writ petition is filed. 2. We feel that in the civil dispute between the petitioner and her son and another, the appropriate remedy for her is to seek further orders from the civil court. The civil court can direct the police, if found necessary, to extend protection to enforce its orders. We feel that the police cannot be asked by this Court to interfere in favour of one side or other. In this jurisdiction, we W.P.(C) No.32853/2008 3 are concerned only with the breach of duty of the police to the petitioner. If the police have the power and authority to suomoto go into the papers presented by the petitioner and go after her and stand guard for her as demanded, then we will be justified in issuing appropriate directions to the police as prayed for by the petitioner. We find no statute authorises the police to act in that manner. In view of the above position, this writ petition is dismissed without prejudice to the contentions of the petitioner and her 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