IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 WP(C).No. 10715 of 2008(A) -------------------------- PETITIONER: ------------ G.PURUSHOTHAMA BHAT, S/O.LATE KESAVA BHAT, AGED 45 YEARS, MILMA AGENT, RESIDING AT SHEDIKAVU HOUSE, KOIPADY VILLAGE, POST KUMBLA, KASARAGOD TALUK AND DISTRICT. BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKATESWARAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION, KASARAGOD. 3. THE CIRCLE INSPECTOR OF POLICE, KUMBLA, KASARAGOD. 4. THE SUPERINTENDENT OF POLICE, KASARAGOD. 5. K.M.ABDUL KHADER, S/O.MOHAMMEDKUNHI HAJI, AGED 51 YEARS, RESIDING AT MAVINAKATTEE HOUSE, KUMBLA POST, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.R.ANIL -R5 GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 10715/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - PHOTO COPY OF THE CHAIRMAN'S CLUB MEMBER CERTIFICATE ISSUED BY MALABAR REGIONAL CO-OP MILK PRODUCERS' UNION LTD. EXT.P2 - PHOTO COPY OF THE LATTER ISSUED BY MALABAR REGIONAL CO-OP MILK PRODUCERS' UNION LTD., AWARDING BEST DEALER FOR 2005-06. EXT.P3 - PHOTO COPY OF AGREEMENT DT. 18.12.1999 EXECUTED EXECUTED BETWEEN THE 5TH RESPONDENT AND THE PETITIONER. EXT.P4 - PHOTO COPY OF THE LICENCE DATED 9.10.2006 ISSUED BY THE KUMBLA GRAMA PANCHAYAT. /TRUE COPY/ K.BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ----------------------------------------- W.P.(C) NO. 10715 OF 2008-A ----------------------------------------- Dated 4th April, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner submits, he is running a Milma booth in Kumbla Panchayat in Kasaragod district. The 5th respondent was the lessee of the shop in which the booth was being conducted. When the said respondent went abroad seeking employment, the shop was leased out to the petitioner under Ext.P3 agreement. Recently, the 5th respondent came back. Dispute arose between them regarding surrender of possession of the said shop. The petitioner submits, the 5th respondent has prevented him from opening and running the booth by threat and violence. Though, he approached the police several times for protection, no protection was extended. Hence this writ petition, seeking appropriate reliefs. 2. The learned Government Pleader, upon instructions, submitted that the 5th respondent by force entered into the shop at about 9 p.m on 26.3.2008. It led to building up of tension in that area. It is a communally WPC 10715/2008 2 sensitive area, where people are divided on communal lines. The police visited the spot and advised both the parties to maintain peace. 3. The 5th respondent submitted that the petitioner has surrendered possession of the shop to him and thereafter he tried to re-possess the same and therefore, the dispute arose. 4. The dispute involved in this case is a civil dispute between the lessee and sub-lessee of a booth. In this jurisdiction we are concerned only with the failure of duty of the police. The police have no power or duty to interfere in a civil dispute according to their perception regarding justice in that dispute. So, we feel that this is not a fit case where the police should be asked to help one side or the other. The petitioner has to move the civil court or other forums to redress his grievances. But, it is ordered that it is the duty of the police to prevent breach of peace and maintain law and order in the area. They shall take necessary steps in this regard. Accordingly, the writ petition is dismissed, without prejudice to the contentions of the petitioner and his right to move other forums for WPC 10715/2008 3 appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. K.T.SANKARAN, JUDGE. Nm/