C. Biju Kumar vs The State Police Chief
2024 Latest Caselaw 28796 Ker

Kerala High Court

C. Biju Kumar vs The State Police Chief on 3 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                        2024:KER:73278
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

     THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946

                        WP(C) NO. 34453 OF 2024

PETITIONER/S:

          C. BIJU KUMAR
          AGED 48 YEARS
          KAILASAM, CHALAMKONAM, PULIYOORKONAM, PALLICKAL,
          KILIMANOOR, THIRUVANANTHAPURAM, PIN - 695601.


          BY ADVS.
          M.R.SARIN
          M.R.SASITH
          PARVATHI KRISHNA
          RIYA KOCHUMMAN
          LEKSHMI S.R
          P.SANTHOSHKUMAR (KARUMKULAM)




RESPONDENT/S:

    1     THE STATE POLICE CHIEF
          STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN - 695010.

    2     THE STATION HOUSE OFFICER
          PALLICKAL POLICE STATION, THIRUVANANTHAPURAM,
          PIN - 695604.

    3     JALAJA
          D/O YASODA, GIREESH VILASOM, PULIYOORKONAM.P.O,
          THIRUVANANTHAPURAM, PIN - 695604.

    4     YASODA
          D/O KUNJUKUNJUGIREESH VILASOM, PULIYOORKONAM.P.O,
          THIRUVANANTHAPURAM,, PIN - 695604.
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WP(C) NO. 34453 OF 2024             2




      5       GIREESH
              D/O YASODA GIREESH VILASOM, PULIYOORKONAM.P.O,
              THIRUVANANTHAPURAM, PIN - 695604.


              SMT. DEEPA NARAYANAN, SR. GP.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 34453 OF 2024              3




                                JUDGMENT

The petitioner alleges that the party respondents,

who are his immediate neighbours, are trespassing into his

property and threatening the petitioner and his family

members with dire consequences, by reason of a boundary

dispute pending between the parties.

2. Learned counsel for the petitioner submits that

his family is under constant threat and there is every

possibility of they being put to harm by respondents 3 to 5.

3. The learned Government Pleader submits that

the police cannot intervene in civil disputes.

From the averments in the writ petition and the

documents produced, it is apparent that the dispute is civil

in nature. Being so, the petitioner's remedy is to approach

the competent civil court. Needless to say, if the dispute 2024:KER:73278

gives rise to a law and order situation, the police is bound

to intervene and do the needful.

Sd/-

V.G.ARUN JUDGE Sru 2024:KER:73278

APPENDIX OF WP(C) 34453/2024

PETITIONER'S EXHIBITS

ExhibitP 1 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.09.2024.

RESPONDENTS EXHIBITS : NIL