IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 7287 of 2011(I) ------------------------------------ PETITIONER(S): ----------------------- AMMINI KUNJAPPAN,AGED 56 YEARS, D/O.SANKU,KOTTAKUZHI HOUSE,SINGKANDAM.P.O, SURYANELLI, NOW RESIDING AT BAIZENVALLI.P.O, MUTTUKADU. BY ADV. SRI.A.X.VARGHESE SRI.JOJO.A.V RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE, IDUKKI, PIN-685 001. 2. THE SUB INSPECTOR OF POLICE, SANTHANPARA POLICE STATION,PIN-685 561. 3. JOHNSON.A.D,AREEKKAL HOUSE, MANIYARANKUDI.P.O,IDUKKI-685 601. 4. SATHEESAN,S/O.BHAGAVATHY,NOW RESIDING AT C/O.KAVUPURA, BAIZENVALLY.P.O,MUTTUKADU, RAJAKUMARI VILLAGE-685 565. 5. ELDHOSE,/SO.KUNJAPPAN,MUNDAIKKAL HOUSE, MUTTUKADU, RAJAKUMARI VILLAGE-685 623. 6. BIJU,S/O.KUNJAPPAN,MUNDAIKKAL HOUSE, MUTTUKADU,RAJAKUMARI VILLAGE-685 623. R1 & R2 BY GOVERNMENT PLEADER SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.7287 of 2011 ***************************** Dated this the 9th day of March, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition under Article 226 of the Constitution of India for issue of directions to respondents 1 and2 police officials, to afford protection for the possession of the petitioner over a land covered by Ext.P1 agreement. 2. According to the petitioner, she is in possession of a parcel of land on the strength of Ext.P1 agreement. She asserts that her possession has been recognised by the various authorities. For this purpose, she places reliance on Ext.P2 residence certificate. The petitioner along with some others had come to this Court earlier claiming relief against the Divisional Forest Officer, Munnar and the Regional Officer of the Hindustan New Print Limited, Munnar. Ext.P3 judgment was passed by a learned single Judge of this Court in that proceedings initiated by such people. All these are relied on by the petitioner in support of her assertion that she is in possession of the property covered by Ext.P1. W.P(C) No.7287 of 2011 2 3. What is her present grievance? According to the petitioner, respondents 3 to 6 total strangers, have trespassed into her property and are claiming rights over that parcel of land. It is the assertion of the petitioner that respondents 3 to 6 have no manner of right of possession over the said parcel of land. The petitioner, who was earlier residing in the property covered by Ext.P1, had admittedly shifted her residence and it is during her absence, it is alleged that respondents 3 to 6 have trespassed into her property. It is, in these circumstances, that the petitioner claims directions for police protection against respondents 3 to 6. 4. We have heard the learned counsel for the petitioner. We have perused the records. As we perceive it, the dispute is a pure and simple civil dispute between the petitioner on the one hand and respondents 3 to 6 on the other about the possession over the land covered by Ext.P1 agreement. That dispute is certainly one which must be resolved by initiating appropriate proceedings before the civil court. We are certainly of the opinion that the said inter se dispute between the petitioner on the one hand and respondents 3 to 6 on the other cannot be left to be resolved by police officials. We are further satisfied, in W.P(C) No.7287 of 2011 3 these circumstances, that the said dispute cannot be resolved in proceedings initiated before us in exercise of our jurisdiction under Article 226 of the Constitution. 5. This Writ Petition is, in these circumstances, dismissed. We may hasten to observe that we do not intend to express any opinion on the disputed possession of the petitioner and respondents 3 to 6 over the land covered by Ext.P1. We only observe that the parties must resolve their dispute by resort to proceedings before the civil courts. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/