IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 W.P.(C).No.14886 of 2008(V) ------------------------------------------------ PETITIONER:- -------------------- ANU KOSHY, W/O. LATE KOSHY VARGHESE, 9-A, ROYAL PALMS, THYCAUD, THIRUVANANTHAPURAM - 695 014. BY ADV. SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS:- ------------------------- 1. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM-695 014. 2. THE SUB INSPECTOR OF POLICE, VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM-695 035. 3. ASSANKANNU RAVUTHAR SHERIFKHAN, T.C. 6/1556, HOUSE NO.100, P.T.P.NAGAR, THIRUVANANTHAPURAM-695 038. 4. NASEEM, W/O.ASSANKANNU, T.C.6/1556, HOUSE NO.100, P.T.P NAGAR, THIRUVANANTHAPURAM-695 038. R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.BENJAMIN PAUL. R3 & R4 BY ADV. SRI.SANTHEEP ANKARATH SRI.V.C.MADHAVANKUTTY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.P.(C).NO.14886 OF 2008-V APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 - TRUE PHOTOCOPY OF COMPLAINT DATED 26.04.2008 PREFERRED BY PETITIONER BEFORE SUB INSPECTOR OF POLICE, VANCHIYOOR. EXT.P2 - TRUE COPY OF THE FIRST INFORMATION REPORT DATED 27.04.2008. EXT.P3 - TRUE PHOTO COPY OF THE COMPLAINT DATED 7.5.2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4 - TRUE PHOTO COPY OF THE RECEIPT DATED 11.5.2008 ISSUED BY THE 2ND RESPONDENT. EXT.P5 - TRUE PHOTO COPY OF SALE DEED NO.2820/1988 OF THIRUVANANTHAPURAM S.R.O. EXT.P6 - TRUE PHOTO COPY OF SALE DEED NO.2821/1988 OF THIRUVANANTHAPURAM S.R.O. EXT.P7 - TRUE PHOTOCOPY OF SALE DEED NO.1575/1989 OF THIRUVANANTHAPURAM S.R.O. EXT.P8 - TRUE PHOTO COPY OF SALE DEED NO.1576/1989 OF THIRUVANANTHAPURAM S.R.O. EXT.P9 - TRUE PHOT COPY OF SALE DEED NO.3544/1991 OF THIRUVANANTHAPURAM S.R.O. EXT.P10 - TRUE PHOTO COPY OF THE NOTICE DATED 0.6.05.2008 ISSUED BY THE ADDITIONAL TAHSILDAR, THIRUVANANTHAPURAM TO THE PETITIONER. EXT.P11 - TRUE PHOTO COPY OF THE STATEMENT DATED 14.05.2008 SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. EXT.P12(a) - PHOTOGRAPH NO.1 PERTAINING TO THE SCENE OF DEMOLITION. EXT.P12(b) - PHOTOGRAPH NO.2 PERTAINING TO THE SCENE OF DEMOLITION. EXT.P12(c) - PHOTOGRAPH NO.3 PERTAINING TO THE SCENE OF DEMOLITION. EXT.P12(d) - PHOTOGRAPH NO.4 PERTAINING TO THE SCENE OF DEMOLITION. EXT.P13(a) - PHOTOGRAPH NO.1 OF THE RECO0NSTRUCTED BOUNDARY WALL. EXT.P13(b) - PHOTOGRAPH NO.2 OF THE RECO0NSTRUCTED BOUNDARY WALL. EXT.P13(c) - PHOTOGRAPH NO.3 OF THE RECO0NSTRUCTED BOUNDARY WALL. EXT.P13(d) - PHOTOGRAPH NO.4 OF THE RECO0NSTRUCTED BOUNDARY WALL. RESPONDENT'S EXHIBITS:- --------------------------------------- EXT.R3(a) - TRUE COPY OF SALE DEED REGISTERED AS DOC.NO.1090/07 DATED 9.3.2007 OF THIRUVANANTHAPURAM-II REGISTRAR'S OFFICE. EXT.R3(b) - TRUE COPY OF NOTICE DATED 6.5.2008 ISSUED BY ADDL. TAHSILDAR, THIRUVANANTHAPURAM TO THE VILLAGE OFFICER, VANCHIYOOR. EXT.R3(c) - TRUE COPY OF NOTICE DATED 6.5.2008 ISSUED BY ADDL. TAHSILDAR, THIRUVANANTHAPURAM TO THE POWER OF ATTORNEY HOLDER OF 3RD AND 4TH RESPONDENTS. - TRUE COPY - K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------------------------ W.P.(C) No.14886 of 2008 ------------------------------------------ Dated, this the 5th day of June, 2008 JUDGMENT Balakrishnan Nair, J. The petitioner owns 28 cents of land in Sy.No.1373/2 in Vanchiyoor Village with a building thereon. She submits that her family purchased the property under various sale deeds executed between 1988 and 1991. Recently, respondents 3 and 4 purchased a plot of land adjacent to the above property. Soon thereafter certain persons representing respondents 3 and 4 demolished the compound wall on the eastern side of the petitioner's property. She filed Ext.P1 complaint before the police and based on that the police have registered Ext.P2 crime against eight persons who could be identified on sight. Even thereafter the threat of demolition is continuing. Therefore, she preferred Ext.P3 petition before the City Police Commissioner, Thiruvananthapuram. The petitioner submits that she reconstructed the compound wall which was again demolished. It is in the above background this writ petition was filed seeking police protection to the life and property of the petitioner. She also has a case that the second respondent is harassing the petitioner at the instance of respondents 3 W.P.(C) No.14886 of 2008 2 and 4 who are part of the land mafia in Thiruvananthapuram. 2. Respondents 3 and 4 have filed a counter affidavit denying the allegations against them. According to them, the petitioner is trespassing into a portion of the property purchased by them claiming that it belongs to her. 3. The petitioner filed a reply affidavit denying the allegations of the party respondents and also producing documents of her property and also the photographs of the compound wall stated to be demolished. 4. Learned Government Pleader upon instructions submitted that based on the information lodged by the petitioner a crime has been registered against eight unknown persons and it is being investigated. 5. Having regard to the nature of the dispute between the parties, we feel that it is not proper to issue any direction to the police in this matter. If the allegation of the petitioner that an existing compound wall which is fairly old has been demolished by the party respondents or their men is correct, it may amount to the criminal offence of mischief under the Indian Penal Code. So the petitioner can pursue her remedies before the competent civil court/criminal court. In this jurisdiction under Article 226 of the Constitution, this Court cannot W.P.(C) No.14886 of 2008 3 finally pronounce on the disputed questions of fact without taking evidence. If the dispute gives rise to any law and order problem, we are sure the police will take necessary action in accordance with law for maintaining peace. With the above observations, the writ petition is disposed of without prejudice to the contentions of both sides. (K.BALAKRISHNAN NAIR) JUDGE (M.C.HARI RANI) JUDGE vns