IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 3716 of 2008(P) ------------------------- PETITIONER: ------------ RAMACHANDRAN NAIR, S/O.RAMAN PILLAI, "VENUSHREE", CRNA-55, CHITHRA NAGAR, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, VIZHINJAM, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, KOVALAM POLICE STATION, THIRUVANANTHAPURAM. 5. SHOBANAKUMARI, "THIRUVONAM", THOZHICHAL, VIZHINJAM P.O., THIRUVANANTHAPURAM. 6. PRAKASH, SINDHU BHAVAN, VALIYAKULATHINKARA, CHERIYAKONAM, VIZHINJAM P.O., THIRUVANANTHAPURAM. 7. SINDHU, SINDHU BHAVAN, VALIYAKULATHINKARA, CHERIYAKONAM, VIZHINJAM P.O., THIRUVANANTHAPURAM. BY GOVT.PLEADER SHRI SALIM P.A. ADV. SRI.M.RAMACHANDRAN NAIR SRI.M.ABDUL RASHEED SRI.R.V.ABHISHEK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.3716/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE FIR IN CRIME NO.14/08 OF KOVALAM POLICE STATION. EXT.P2: TRUE COPY OF THE REPRESENTATION(COMPLAINT) FILED BY THE PETITIONER BEFORE RESPONDENTS 2 TO 4 AND DIRECTOR GENERAL OF POLICE DATED 21.1.08. RESPONDENTS' EXTS: EXT.R5(a): TRUE COPY OF SCHEDULE -I OF SCHEDULED CASTE COLONY OF VENGANNOOR GRAMA PANCHAYAT. EXT.R5(b): TRUE COPY OF IMMOVABLE PROPERTY REGISTER OF THE LOCAL SELF INSTITUTION. TRUE COPY K.BALAKRISHNAN NAIR AND K.T.SANKARAN, JJ. --------------------------------------------------------------- W.P.(C)No.3716 OF 2008 ----------------------------- DATED THIS THE 21st DAY OF FEBRUARY, 2008 J U D G M E N T BALAKRISHNAN NAIR, J. The petitioner's wife owns 9 cents of land comprised in survey No.215/3B of Thiruvallam Village. The 5th respondent is the Panchayat Member of the ward, where the said property situates. Respondents 6 and 7 are the local people. The grievance of the petitioner is that under the guise of widening a Panchayat road, the said respondents are trespassing into the above said property of the petitioner's wife. The petitioner submits in that process, on 12.1.2008 four coconut trees were felled using JCB with the intention to cut open a pathway through the said property. On the information lodged by the petitioner, the Kovalam Police has registered a crime against the miscreants under sections 143, 147, 447 and 427 read with 149 IPC. Feeling aggrieved by the actions of the above said respondents and apprehending threat from their side of further encroachment, the petitioner has preferred Exhibit P2 representation before the Police officials seeking protection to their property. The petitioner also submits that after the filing of Exhibit P2, when the petitioner's son went to the neighbouring property, he was threatened by a group persons calling themselves as members of Mahatma Purusha Swayam W.P.(C)No. 3716/08 2 Sahaya Sangam. They demanded the petitioner's son to withdraw the case against the local people. In the above background, the petitioner seeks the following relief: “ To issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 2 to 4 to grant adequate and effective police protection for the lives of petitioner and his family members and also for enjoyment of 9 cents of property of wife of petitioner comprised in Sy.No. 215/3B of Thiruvallom Village against the threat and illegal activities of respondents 5 to 7 and their henchmen in the interest of justice. 2. The 5th respondent has filed a counter affidavit denying all the allegations against her as also respondents 6 and 7. She submits that she is a Panchayat member and to tarnish her image these allegations are made. She denies the allegation of the petitioner that while widening an existing Panchayat road, the local people have encroached into the petitioner's property. They are developing an existing Panchayat Road. The petitioner has encroached into a 'purambokku pond' and reduced a portion of it to his possession and therefore these false allegations are made. The Panchayat is taking steps to demarcate the encroachment made into the pond by the petitioner and propose to evict him, if encroachment is actually found. The petitioner has filed a reply affidavit dealing with the averments in the counter affidavit of the 5th respondent. He denies the allegations and averments in her counter affidavit. 3. The learned Government Pleader upon instructions submitted W.P.(C)No. 3716/08 3 that upon the information lodged by the petitioner, Exhibit P1 crime has been registered against encroachment and mischief. It is also submitted that there is Police surveillance in the area and at present, there is no law and order problem. It is also pointed out that the dispute raised in this writ petition is a civil dispute and the petitioner has to move the civil Court for appropriate reliefs. 4. We agree with the submission of the learned Government Pleader that the dispute involved in this case is a civil dispute which has to be raised before the civil Court for its resolution. The petitioner's wife can move the civil Court and get injunction against encroachment into her property. If that injunction is violated, the Civil Court can direct the Police to enforce its orders. We notice the submission of the learned Government Pleader that crime has been registered when cognizable offence has been reported and Police surveillance is also undertaken in that area to keep peace. Therefore, we are of the view that having regard to the nature of the dispute, no further orders to the Police need be issued. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. K.T.SANKARAN, JUDGE. dsn