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 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 21463 of 2008(E) -------------------------- PETITIONERS: ------------ 1. VISWAMBHARAN NAIR,,S/O.VELAYUDHAN, AGED 59, R/A.REVATI NIVAS,MANNANTHALA CHENCHERI MURI, ULLOOR VILLAGE, TRIVANDRUM. 2. AMBIKA, W/O.VISWAMBARAN NAIR, 53 YEARS R/A.DO.DO. 3. V.SUKUMARAN NAIR, S/O.VAMANAN NAIR AGED 53, RESIDING AT LEKSHMIVILASOM, MANNANTHALA, CHENCHERI MURI, ULLOOR VILLAGE, TRIVANDRUM. 4. GEETHAKUMARI, W/O.SIVAKUMARAN NAIR RRESIDING AT .LEKSHMIVILASOM, MANNANTHALA, CHENCHERI MURI, ULLOOR VILLAGE, TRIVANDRUM. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SMT.KVP.JAYALEKSHMY SRI.M.AJAY (IRUMPANAM) RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM 2. CITY COMMISSIONER OF POLICE, TRIVANDRUM CITY, TRIVANDRUM 3. ASSISTANT COMMISSIONER OF POLICE TRIVANDRUM WPC 21463/2008 4. CIRCLE INSPECTOR OF POLICE, PERURKADA, TRIVANDRUM 5. SUB INEPSECTOR OF POLICE, PERURKADA, TRIVANDRUM 6. LEENA, D/O. SATHI DEVI NAIR, RRESIDING AT GOKULAM MANNANTHALA, CHENCHERI MURI, ULOOR VILLAGE TRIVANDRUM. 7. SURESH BABU, RESIDING AT GOKULAM, MANNANTHALA CHENCHERI MURI, ULOOR VILLAGE,TRIVANDRUM 8. GOPINATHAN NAIR. K., PARAMESWARA VILASOM, MANNANTHALA, CHENCHERI MURI, ULLOOR VILLAGE, TRIVANDRUM. BY ADV. SRI.V.CHITAMBARESH (SR.) FOR R6 TO 8 SRI.T.C.SURESH MENON FOR R6 TO 8 SRI.JIBU P THOMAS FOR R6 TO 8 SRI.P.S.APPU FOR R6 TO 8 SR.GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 21463/2008 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF THE PLAINT IN O.S.NO.138/2008 ON THE FILE OF THE MUNSIFF'S COURT, TRIVANDRUM. EXT.P2 - TRUE COPY OF THE PLAINT IN O.S.NO.260/2008 ON THE FILE OF THE MUNSIFF'S COURT, TRIVANDRUM. EXT.P3 - TRUE COPY OF THE ORDER IN IA NO.754/2008 IN O.S.NO.138/2008 DATED 17.11.2008. EXT.P4 - TRUE COPY OF THE ORDER IN IA 1355/2008 IN O.S.NO.260/2008 DATED 7.2.2008. EXT.P5 - TRUE COPY OF THE RESURVEY PLAN. EXT.P6 - TRUE COPY OF THE TAX RECEIPT NO. 0421904 DATED 13.02.07. EXT.P7 - TRUE COPY OF THE TAX RECEIPT NO.1949841 DATED 14.1.08. EXT.P8 - TRUE COPY OF THE PROCEEDINGS DATED 8.2.2008 OF THE DEPUTY SURVEY SUPERINTENDENT. EXT.P9 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS IN WPC NO.8671/2008. EXT.P10 - TRUE COPY OF THE COMPLAINT OBTAINED BY THE PETITIONERS UNDER THE RIGHT TO INFORMATION ACT BEFORE THE 4TH RESPONDENT. EXT.P11 - TRUE COPY OF THE REPRESENTATION DATED 30.6.2008 SUBMITTED BY THE 2ND PETITIONER BEFORE THE CHIEF MINISTER. EXT.P12 - TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD INDICATING RECEIPT OF EXT.P11. EXT.P13 - TRUE COPY OF THE COMMISSION REPORT IN OS NO.138/08. RESPONDENTS' EXTS. EXT.R6(a) - TRUE COPY OF THE CHARGE SHEET IN CRIME NO.13/2008 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT – I, THIRUVANANTHAPURAM DATED 21.2.2008. EXT.R6(b) - TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.186/2008 ON THE FILE OF THE PEROORKADA POLICE STATION DATED 29.5.2008. EXT.R6(c) – TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.244/2008 ON THE FILE OF THE PEROORKADA POLICE STATION DATED 26.6.2008. EXT.R6(d) - TRUE COPY OF THE FINAL ORDER PASSED IN IA NO.1355/2008 IN OS NO.260/2008 ON THE FILE OF THE COURT OF THE 2ND ADDITIONAL MUNSIFF OF THIRUVANANTHAPURAM DATED 11.4.2008. WPC 21463/2008 EXT.R6(e) – TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH RESPONDENT TO THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM DATED 31.5.2008. EXT.R6(f) – TRUE COPY OF THE WRITTEN STATEMENT IN OS NO.138/2008 ON THE FILE OF THE COURT OF THE MUNSIFF OF THIRUVANANTHAPURAM DATED 20.6.2008. EXT.R6(g) - TRUE COPY OF THE WRITTEN STATEMENT IN OS NO.260/2008 ON THE FILE OF THE COURT OF THE MUNSIFF OF THIRUVANANTHAPURAM DATED 20.6.2008. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 21463 OF 2008-E ----------------------------------------- Dated 7th August, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners 2 and 4 are sisters and petitioners 1 and 3 are their husbands. From a plot of land measuring 52 cents, the petitioners submit, the father of petitioners 2 and 4 purchased 25 cents, which was on the northern side of that property. The 8th respondent, who is the father of the 6th respondent, purchased the remaining 27 cents of land. While mutation was carried out, the petitioners submit, the 6th respondent got mutation in her favour of 5 cents of land also, which belongs to petitioners 2 and 4. Against that order of mutation carried out by the survey officials, the petitioners 2 and 4 moved this Court, it is submitted. On the strength of the said mutation, when respondents 6 to 8 tried to trespass into their property, the petitioners 2 and 4 moved the civil court by filing separate suits and they have obtained interim orders from the said court, directing the defendants therein to maintain status quo. The respondents 6 and 7 are the defendants in those suits. WPC 21463/08 2 While the matters stood so, the police started interfering in the civil dispute and harassing the petitioners. The police are siding with respondents 6 to 8 and trying to drive out the petitioners from the disputed 5 cents of property, it is submitted. In the above background, this writ petition is filed, seeking appropriate reliefs against the harassment from the part of the police. 2. The respondents 6 to 8 have filed a counter affidavit, denying the allegations made against them. According to them, mutation was carried out by the survey officials correctly and they are in possession and enjoyment of that 5 cents of land also. The petitioners are trying to trespass into it and commit theft and mischief there. The petitioners have violated the status quo order obtained by them, it is pointed out. Based on the information lodged by the party respondents, the police have registered three crimes against them, it is submitted. They are coming to the residential building of the party respondents and are threatening and abusing them. 3. We heard the learned Government Pleader for the official respondents also. He submitted that the petitioners are not co- WPC 21463/08 3 operating with the police in connection with the crimes already registered against them. They are absconding. 4. We are of the view that the police shall not interfere in the dispute concerning possession and ownership of the above mentioned 5 cents of land. It is for the civil court to decide the dispute. But, if the petitioners have committed any crimes, the police can take appropriate action. If any cognizable offence is committed, involving manhandling, violence etc., even if the same takes place in the disputed property, this judgment will not affect the powers of the police to investigate the same. But, it is not proper for the police to register or investigate crimes, involving offences under Sections 447, 427 or 379 of the I.P.C., in relation to the disputed property. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/