S.N.D.P. Branch No. 2817 vs State Of Kerala

Kerala High Court

S.N.D.P. Branch No. 2817 vs State Of Kerala on 21 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                       WP(C) NO. 14972 OF 2024
PETITIONERS:

    1       S.N.D.P. BRANCH NO. 2817, KUNNUMMA EAST,
            KAVALAM P.O., ALAPPUZHA.
            REPRESENTED BY ITS SECRETARY., PIN - 688506.

    2       VASANTHI MANIYAPPAN, AGED 73 YEARS,
            W/O. LATE MANIYAPPAN, MANATH HOUSE,
            KAVALAM P.O., ALAPPUZHA., PIN - 688506.

    3       SINDHU, AGED 46 YEARS, W/O. VINOD M. S.,
            MALECKAL HOUSE, KUNNUMMA (EAST),
            KAVALAM P. O., ALAPPUZHA., PIN - 688506.

            BY ADVS.B.PRAMOD
            BIJU VIGNESWAR
            ATHUL M.V.
RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
            HOME DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM., PIN - 695013.

    2       THE DISTRICT POLICE CHIEF
            OFFICE OF THE DISTRICT POLICE CHIEF,
            CIVIL STATION WARD, ALAPPUZHA., PIN - 688012.

    3       YESUDAS, THE STATION HOUSE OFFICER,
            PULINKUNNU POLICE STATION,
            ALAPPUZHA., PIN - 688524.

    4       JOSEPH KUNCHARIA, S/O. KUNCHARIA,
            PURAKKAL HOE, KUNNUMMA EAST,
            KAVALAM P.O., ALAPPUZHA., PIN - 688506.

            BY ADVS.PRINSUN PHILIP
            SMT.REKHA C.NAIR, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14972 OF 2024
                          -2-

                       JUDGMENT

The petitioners allege that the 3rd respondent - Police Officer, is illegally and unfairly involving himself in a civil dispute between them and respondents 3 and 4; and therefore, that they have been compelled to approach this Court through this Writ Petition.

2. However, to the contrary, the party respondents take the stand that the petitioners are, in fact, obstructing their use of a pathway, which they are entitled to under law; and therefore, that, by doing so, they have created law and order issues, as also threats and intimidation against them, which compelled them to move the Police for appropriate action, leading to the WP(C) NO. 14972 OF 2024 -3- registration of certain Crimes.

3. In fact, the learned counsel for the party respondents - Sri.Prinsun Philip, asserted that even today (21.05.2024), his clients and their friends/relatives have been obstructed by the petitioners; and thus asserted that they are thus required to be properly protected, which the Police Officers are doing; and hence reiteratingly prayed that this Writ Petition be dismissed.

4. Smt.Rekha C.Nair - learned Senior Government Pleader, in response to the afore rival positions, submitted that a Memo has been filed by her, producing therewith a report of the 3rd respondent - Police Officer, wherein, he has averred that, on account of the disputes between the parties, two Crimes have been registered, namely Crime WP(C) NO. 14972 OF 2024 -4- Nos.204/2024 and 224/2024; and that this was not registered with the intent to interfere in the civil disputes between them, but to ensure that "law and order situation and the communal harmony prevailing in the area are being maintained well" (sic). She added that, to ensure that the parties are not allowed to take law into their own hands, they were summoned by the Police to the Police Station on 05.04.2024, and were made aware of the consequences of them resorting to violence and such other actions, and warned them not to do so.

6. Smt.Rekha C. Nair then argued that, the attempt of the petitioners is to implicate the Police Officer in an unnecessary controversy, thereby deracinating his morale and obstructing his capacity to WP(C) NO. 14972 OF 2024 -5- discharge his official duties, particularly when there are two Crimes pending. She reiterated that the 3rd respondent is only investigating the Crimes registered, as he is expected to do; but has not and will not interfere in the civil disputes between the parties, which they must resolve through the appropriate Civil Forums.

7. I have examined the pleadings on record and have also gone through the report filed by the Police Officer.

8. It is fundamental that Police Authorities are not expected to try and resolve civil disputes between the parties. However, if the actions of any of the parties involve violation of law, or lead to a law and order infraction, then certainly the Police have a duty to intervene and take WP(C) NO. 14972 OF 2024 -6- necessary action.

9. As matters now stand, it is without doubt that two Crimes have been registered and are under the investigation of the 3 rd respondent, who is the competent officer. This Court cannot stop the Officer from investigating the Crimes or in intervening in a situation when there is an infraction of law and order; but beyond that, the Officer is expected to keep distance from the civil facet of the disputes between the parties, which they certainly will have to resolve only through the appropriate Forums, including competent Civil Courts.

10. I, therefore, record the submissions of Smt.Rekha C.Nair, that the 3rd respondent - Police Officer, has not and will not intervene in the civil disputes between the WP(C) NO. 14972 OF 2024 -7- parties, but will ensure that law and order is maintained and that none of them are allowed to take law into their own hands, or commit any action which is in violation of peace.

11. As far as the parties are concerned, their respective rights and remedies before the competent Civil Forums are fully left open; for which purpose, all their rival contentions are also left undecided.

This Writ Petition is thus disposed of.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 14972 OF 2024 -8- APPENDIX OF WP(C) 14972/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED DATED 09.05.1988 BEARING NO. 990/1988 OF MANKOMBU SRO.

EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 06.12.2022 IN W. P. (C). NO.

39495/2022 PASSED BY THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 04.07.2023 IN W. P. (C). NO.

39495/2022PASSED BY THIS HON'BLE COURT.

EXHIBIT P4 TRUE COPY OF THE SKETCH OF THE PROPERTY COVERED BY EXT. P-1 SALE DEED AND THE BUILDINGS SITUATED THERE IN. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 23.12.2023 IN I. A. NO. 1749/2023 IN APPEAL NO. 663/2023 PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 12.01.2024 IN W. P. (C). NO. 1541/2024 PASSED BY THIS HON'BLE COURT. EXHIBIT P7 TRUE COPY OF THE CAVEAT PETITION NO.

6/2024 ON THE FILE OF THE MUNSIFF COURT ALAPPUZHA FILED BY THE 4TH RESPONDENT AND THE SAID SANTHOSH. EXHIBIT P8 TRUE COPY OF THE CAVEAT PETITION NO.

5/2024 ON THE FILE OF THE MUNSIFF COURT ALAPPUZHA FILED BY THE 1ST PETITIONER HEREIN.

WP(C) NO. 14972 OF 2024 -9- EXHIBIT P9 TRUE COPY OF THE NOTICE DATED 12.01.2024 ISSUED BY THE SECRETARY, KAVALAM GRAMA PANCHAYAT TO THE 1ST PETITIONER.

EXHIBIT P10 TRUE COPY OF THE FIR DATED 05.04.2024 IN CRIME NO. 204/2024 OF PULINKUNNU POLICE STATION.