Remya K.O vs The District Police Chief, ...
2023 Latest Caselaw 4960 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                        WP(C) NO. 9822 OF 2023
PETITIONERS :-

    1     REMYA K.O, AGED 37 YEARS
          D/O. KESAVAN.K DHANYA BHAVAN, KUNNAMVILA,
          VATTAVILA PO, NEYYATTINKARA, THIRUVANANTHAPURAM
          DISTRICT, PIN - 695132
    2     SOUMYA K.O., AGED 38 YEARS
          D/O. KESAVAN.K, DHANYA BHAVAN, KUNNAMVILA,
          VATTAVILA PO, NEYYATTINKARA, THIRUVANANTHAPURAM
          DISTRICT, PIN - 695132

          BY ADVS.
          K.MOHANAKANNAN
          D.S.THUSHARA


RESPONDENTS :-

    1     THE DISTRICT POLICE CHIEF, (RURAL)
          OFFICE OF THE DISTRICT POLICE CHIEF, TRIVANDRUM RURAL
          POLICE, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
          PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
    2     DEPUTY SUPERINTENDENT OF POLICE,
          NEYYATTINKARA, THIRUVANANTHAPURAM-695 00, PIN - 695121
    3     STATION HOUSE OFFICER
          PARASSALA POLICE STATION, PARASSALA, THIRUVANANTHAPURAM
          DISTRICT, PIN - 695502
    4     T. SASI,
          SHEETHAL, KURUMKUTTY, PARASSALA PO, THIRUVANANTHAPURAM
          DISTRICT, PIN - 695502
    5     JAYANLI SHEELA,
          SHEETHAL, KURUMKUTTY, PARASSALA PO, THIRUVANANTHAPURAM
          DISTRICT, PIN - 695502

          BY G SUDHEER
             R.HARIKRISHNAN (H-308)(K/000642/2013)
             SMRITHI S.S.(K/1674/2018)
             SRI.E.C.BINEESH, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9822 OF 2023
                                  2



                           JUDGMENT

Dated this the 13th day of April, 2023

The petitioners are conducting CSC Digital Seva

Kendram approved by the Central Government, in the property

covered by Ext.P1. Ext.P2 is the Registration Certificate.

Respondents 4 and 5, who are the former owners of the property

manhandled the petitioners, their workers and staffs. Complaints

were filed before the police and a complaint ultimately filed before

the State Police Chief also, as per Ext.P4. In Ext.P5, it is wrongly

informed that the parties agreed for a measurement in the

presence of police on 26.02.2023. The petitioners have not

subscribed to any agreement and no such consensus was arrived

at, contend the petitioners. The petitioners seek police protection.

2. The respondents 4 and 5 entered appearance and

resisted the writ petition. Respondents 4 and 5 denied all the

allegations made by the petitioners in the writ petition. On behalf of

respondents 4 and 5, it is submitted that respondents 4 and 5 sold

a portion of the property to the petitioners. The petitioners, after WP(C) NO. 9822 OF 2023

taking possession of the said portion of the property started to

demolish a shed situated on the property of respondents 3 and 4.

Therefore, respondents 3 and 4, submitted police complaints. The

petitioner has also submitted police complaints. After the alleged

incident in January, 2023, no law and order issue occurred

subsequently. On behalf of respondents 3 and 4, it is further

submitted that O.S.No.296 of 2023 has been filed before the

Munsiff's Court, Neyattinkara.

3. The learned Government Pleader entered appearance

and submitted that, from the pleadings, it is evident that the issue

involved is a civil dispute, in which the police cannot interfere.

4. I have heard the learned counsel for the petitioners, the

learned Government Pleader representing respondents 1 to 3 and

the learned counsel appearing for respondents 4 and 5.

5. It is evident from the pleadings and arguments that

petitioners have purchased certain extent of property from

respondents 4 and 5. The allegation of respondents 4 and 5 is that

the petitioners have attempted to demolish a shed situated within

the property of respondents 4 and 5. The respondents 4 and 5 WP(C) NO. 9822 OF 2023

have already approached the Civil court filing original suit.

6. In the afore circumstances, I find that since the issue

involved in the writ petition is of a purely civil nature, no orders of

police protection can be granted to the petitioners.

The writ petition is therefore, dismissed.

Sd/-

N.NAGARESH JUDGE

SMA WP(C) NO. 9822 OF 2023

APPENDIX OF WP(C) 9822/2023

PETITIONER EXHIBITS :-

Exhibit P1 TRUE COPY OF THE DOCUMENT NO. 496/17 DATED 04/05/2017 OF SRO, PARASSALA

Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE CSC E-GOVERNANCE SERVICES INDIA LTD, MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY, GOVERNMENT OF INDIA, NEW DELHI DATED 7-3-2023

Exhibit P3 TRUE COPY OF THE COMPLAINT BEFORE THE POLICE AND ONE OF SUCH COMPLAINT FILED BEFORE THE DISTRICT POLICE CHIEF (RURAL) THIRUVANANTHAPURAM DATED 3-3-2023

Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT WITH ACKNOWLEDGEMENT DATED 06/03/2023

Exhibit P5 TRUE COPY OF THE COMMUNICATION SENT BY THE ASST. POLICE SUPERINTENDENT, NEYYATTINKARA DATED 8-3-2023

RESPONDENT EXHIBITS :-

Exhibit R4(b) Copy of notice issued by Taluk Surveyor with No. LRM-G2-6107/18 dated 13.6.2019

Exhibit R4(c) Copy of the complaint dated 14.1.2023 submitted by the 4th respondent

Exhibit R4(d) Copy of the plaint in O.S. No. 296/2023 on the file of 2nd Addl Munsiffs court, Neyyattinkara

Exhibit R4(a) Copy of the ownership Certificate regarding PP 8/417 issued by Parassala Grama Panchayath dated 20.3.2023