IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 27449 of 2011(E) -------------------------------- PETITIONER(S): ------------------ C.S.RAMANATHAN, CHIRAPRARAMBIL HOUSE ELAMKUNNAPPUZHA PO, ERNAKULAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT POLICE, ERNAKULAM RURAL , ALUVA ERNAKULAM-683101 2. THE CIRCLE INSPECTOR OF POLICE NARAKKAL, ERNAKULAM DISTRICT 682 505. 3. THE SUB INSPECTOR OF POLICE NARAKKAL, ERNAKULAM DISTRICT 682 505. 4. SMT.LATHA, W/O.LATE HARIHARAN, CHIRAPARAMBIL HOUSE, ELAMKUNNAPPUZHA PO ERNAKULAM DISTRICT 682 505. 5. SRI.C.S.RANGANATHAN, CHIRAPARAMBIL HOUSE ELAMKUNNAPPUZHA PO, ERNAKULAM DISTRICT 682 505. ADV. SRI.K.D.BABU FOR R5 SRI.T.C.MOHANDAS FOR R4 SRI.T.M.SUNIL FOR R4 SMT.S.CHITHRA FOR R4 SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27449 of 2011(E) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF AWARD PASSED BY THE LOK ADALATH ORGANIZED BY THE KOCHI LEGAL SERVICES COMMITTEE, KOCHI, IN PLP NO.267/08. EXT.P2:- TRUE COPY OF JOINT PETITION IN PLP NO.4/08 BEFORE LOK ADALATH. EXT.P3:- TRUE COPY OF SKETCH IN THE JOINT PETITION IN PLP NO.267/08 BEFORE LOK ADALATH. EXT.P4:- TRUE COPY OF PARTITION DEED DATED 21/07/08. EXT.P5:- TRUE COPY OF BUILDING PERMIT DATED 09/11/10 ISSUED BY SECRETARY, NARAKKAL GRAMA PANCHAYAT TO THE PETITIONER. EXT.P6:- TRUE COPY OF THE SURVEY SKETCH SHOWING THE COMMON WAY TO PETITIONER'S PROPERTY. EXT.P7:- TRUE COPY OF THE CERTIFIED EXTRACT OF THE BASIC TAX REGISTER IN RESPECT OF THE PROPERTIES IN RESURVEY NO.457 EXT.P8:- TRUE COPY OF THE PETITION DATED 06/09/11 SUBMITTED BY THE PETITIONER TO RESPONDENT 1 TO 3. EXT.P9:- TRUE COPY OF THE SKETCH ISSUED BY VILLAGE OFFICER, NARAKKAL TO THE PETITIONER. EXT.P10:- TRUE COPY OF SKETCH SHOWING THE PLOT OF THE PETITIONER AND THE WAY TO THE SAID PLOT AND SURROUNDING PLOTS. EXT.P11:- PHOTOGRAPHS SHOWING THE HOUSE OF THE 5TH RESPONDENT AND THE WAY TO THE PLOTS OF PETITIONER, 5TH RESPONDENT AND PETITIONER'S SISTER, RAJESWARI. RESPONDENTS' EXTS EXT.R4(A):- PARTITION DEED DATED 10/05/1968 EXT.R5(a):- A TRUE COPY OF THE REGISTERED WILL NO.40A/11 DATED 08/05/01 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.27449 of 2011 ------------------------------------------------ Dated this the 19th day of November, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner, a lawyer by profession has approached this Court filing this Writ Petition arraying his brother R5 and his cousin R4 seeking directions for police protection for his life and for the lives of his workers and for the purpose of entering into his property for the purpose of carrying out construction activities of his house as per a Building Permit which is granted to him by Narakkal Grama Panchayat. Respondents 4 and 5 have filed separate counter affidavit to which reply affidavit has been filed by the petitioner. The contention prominently raised by the respondents 4 and 5 through their counter affidavits is that the dispute between the parties is purely a civil dispute and hence, this Court may not issue any police protection directions. Pursuant to an order issued by this Court on 18/10/11 W. P. C. No.27449 of 2011 -2- Sri.M.K.Aboobacker, the learned Senior Government Pleader has received instructions from the police. Sri.Aboobacker submitted that Ext.P8 petition filed by the petitioner was duly enquired into by the police. The enqury revealed that the property where the petitioner intends to construct the house on the strength of the Building Permit issued by the Panchayat to him is under the physical control of the petitioner. The sketch and report were obtained from the Tahsildar, Kochi for clarification as to the identity of the property claimed by the petitioner and the pathway leading to the same. The sketch reveals that the pathway claimed by the petitioner is one which has been under user since the times of the petitioner's ancestors. After obtaining the sketch and report of the Tahsildar both sides were summoned. The party respondents took up the obstinate stand that the petitioner is not entitled to use the disputed pathway and the dispute in respect of the pathway is of civil nature and hence, the appellant are not entitled to intervene. The final conclusion arrived at by the police in the W. P. C. No.27449 of 2011 -3- enquiry is that the party respondents are deliberately obstructing the user of a pathway which was under user by the petitioner even earlier. On going through the pleadings we informed Sri.P.Chandrasekhar, the learned counsel for the petitioner that as the pleadings revealed the existence of a civil dispute between the petitioner and the party respondents, this Court may not be able to issue the protection directions sought in respect of enjoyment of the petitioner's property for the purpose of construction of the house. Sri.Chandrasekhar would refer to Section 63 of the Kerala Police Act, 2011 and submit that the police is bound to resolve even civil disputes which are likely to culminate into cognizable offences. Action as provided in Section 63 has not so far been taken by the police. The police be directed to take action as warranted by the various clauses of Section 63. Sri.Chandrasekhar also requested that at any rate the law and order situation should be directed to be maintained. 2. Sri.K.D.Babu appearing for the 5th respondent and W. P. C. No.27449 of 2011 -4- Sri.T.C.Mohandas appearing for the 4th respondent would make submissions on the basis of the counter affidavits respectively filed by their parties. According to both the learned counsel, the dispute between the petitioner and their claimants is purely a civil dispute. Section 63 will not enable the police to settle or resolve civil disputes. At best the police can only advise the parties to approach a competent civil court having jurisdiction for redressal of the dispute. 3. Having considered the rival submissions addressed at the Bar as well as the various materials placed on record by the parties, we are of the view that as respondents 4 and 5 are seriously disputing the petitioner's right to use the particular pathway claimed by him for accessing the properties where he intends to put up residential house on the strength of Ext.P1 Building Permit it may not be proper on our part sitting in the present jurisdiction to direct respondents 1 to 3 to render protection to the petitioner for the user of the pathway and peaceful construction of the W. P. C. No.27449 of 2011 -5- house. May be the party respondents are raising untenable obstructions and contentions. Even then as the dispute is of civil nature, the petitioner may have to approach a civil court for removal of the obstructions placed by respondents 4 and 5 to the petitioner's user of the pathway and construction of building on the strength of Ext.P1. At the same time, we feel that it is the duty of the police officers particularly respondents 2 and 3 to keep constant vigil over the places of the petitioner and the party respondents and the properties in dispute and to ensure by taking appropriate action on the basis of prompt enquiries conducted into complaints received that the dispute between the petitioner and the respondents 4 and 5 do not give rise to any law and order situation or violence. The Writ Petition is disposed of issuing a direction to respondent Nos.2 and 3 to keep constant vigil over the places of the petitioner and the party respondents and the properties in dispute and ensure that the dispute between the petitioner and respondents 4 and 5 over the properties including the W. P. C. No.27449 of 2011 -6- pathway does not give rise to law and order situation or violence. Petitioner is directed to have the relief which he has sought for and obtained in respect of the construction of the house on the basis of Ext.P1 from a competent civil court. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE