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
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
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
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
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
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
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
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.
