IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
WP(C) NO.23849 OF 2022
PETITIONER :-
DR.P.T.MATHEW, AGED 79 YEARS
S/O.THOMAS, PEECHATTU HOUSE, KOTHAMANGALAM KARA,
KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN-686 691.
BY ADVS.
P.FAZIL
SAJU THALIATH
JITHIN PAUL VARGHESE
JAYASREE MANOJ
C.PRABITHA
ANN MARY FRANCIS
R.SRUTHY
FADIL FAZIL
RESPONDENTS :-
1 THE SUPERINTENDENT OF POLICE,
ERNAKULAM RURAL, ALUVA,
ERNAKULAM DISTRICT, PIN-683 101.
2 STATION HOUSE OFFICER,
OONNUKAL POLICE STATION,
ERNAKULAM DISTRICT, PIN-686 693.
3 P.T.SEBASTIAN, AGED 81 YEARS,
S/O.THOMAS, PEECHATTU HOUSE, KOTHAMANGALAM KARA,
KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT, PIN-686 691.
BY ADV BABU PAUL
BY SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.23849 OF 2022
-: 2 :-
JUDGMENT
Dated this the 27th day of July, 2022 This writ petition is filed seeking the following reliefs :-
"i) issue a writ of mandamus, any other writ, order or direction directing the 2nd respondent and officer subordinate to him not to harass the petitioner or his labourers and not to prevent the petitioner or his labourers from tapping rubber trees situated in the property of the petitioner covered by Exhibit P1.
ii) issue a writ of mandamus, any other writ, order or direction, directing the 2nd respondent not to make any adjudication or pass any order or direction in respect of the civil disputes, if any, between the petitioner and the 3rd respondent.
iii) issue a direction to the 1st respondent to direct the 2nd respondent and officers subordinate to him to refrain from any illegal acts by passing orders/directions in respect of the rights of the petitioner over the property covered by Exhibit P1, otherwise than based on orders of competent civil court."
2. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel appearing for the 3rd respondent.
3. It is submitted by the learned counsel for the petitioner that the petitioner is the owner in possession of 4 Acres and 39 cents of property as per Ext.P1. There is a public way having a width of 8 feet passing through the eastern side of the property. It WP(C) NO.23849 OF 2022 -: 3 :- is submitted that with regard to the widening of the existing way, Ext.P2 suit has been filed by the petitioner and Ext.P3 order of injunction has been obtained from the Munsiff Court, Kothamangalam. It is stated that Ext.P4 order of injunction was also passed on 10.6.2022 restraining the 3 rd respondent from trespassing into the petitioner's property and committing waste. The learned counsel for the petitioner submits that the police are interfering in the civil dispute between the petitioner and the 3 rd respondent and that the 2 nd respondent police officer has no right or authority to interfere in the civil dispute.
4. The learned counsel for the 3rd respondent submits that the issues raised in the civil dispute are liable to be adjudicated in the civil court and that the police need not interfere in the civil dispute. However, it is submitted that if there are any law and order issues created by the petitioner, the police may have to take appropriate action in case of any valid complaint made by the 3 rd respondent or any of the neighbouring residents.
5. The learned Government Pleader submits that the police does not intend to interfere in any civil dispute pending between the parties and it is only if there is any complaint preferred by any of the parties before the police that the police will interfere in the WP(C) NO.23849 OF 2022 -: 4 :- matter and that too, only in accordance with law and as necessary for an investigation into any criminal complaint.
In the above view of the matter, this writ petition is disposed of with a direction that the police shall not interfere in the civil dispute between the parties. However, in case of any complaint being received with regard to commission of any criminal offence, the police will be free to make appropriate investigations into the same and the police shall also see that law and order is maintained in the locality.
Sd/-
ANU SIVARAMAN JUDGE Jvt/27.7.2022 WP(C) NO.23849 OF 2022 -: 5 :- APPENDIX OF WP(C) 23849/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EXCHANGE DEED NO. 4799/1983 OF KOTHAMANGALAM S.R.O.
Exhibit P2 TRUE COPY OF THE PLAINT IN O.S.NO. 95 OF 2022 IN THE FILES OF THE MUNSIFF'S COURT, KOTHAMANGALAM. Exhibit P3 TRUE COPY OF THE I.A.NO. 3 OF 2022 IN O.S.NO. 95 OF 2022 IN THE FILES OF THE MUNSIFF'S COURT, KOTHAMANGALAM.
Exhibit P4 TRUE COPY OF THE INJUNCTION ORDER PASSED BY THE MUNSIFF'S COURT, KOTHAMANGALAM DATED 10.06.2022 IN I.A.NO. 3 OF 2022 IN O.S.NO. 95 OF 2022. Exhibit P5 TRUE COPY OF THE COMMISSION REPORT AND ROUGH SKETCH DATED 30.06.2022 IN I.A.NO. 2 OF 2022 IN O.S.NO. 95 OF 2022 IN THE FILES OF THE MUNSIFF'S COURT, KOTHAMANGALAM.
Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 3RD RESPONDENT DATED 24.06.2022 IN I.A. NO. 3 OF 2022 IN THE FILES OF MUNSIFFS COURT, KOTHAMANGALAM.