Kerala High Court
V. Remadevi vs City Police Commissioner on 5 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 5273 OF 2023 1
2025:KER:18395
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
WP(C) NO. 5273 OF 2023
PETITIONERS:
1 V. REMADEVI,
AGED 73 YEARS
W/O VIDHYADHARAN, RESIDING AT KALPANA VEEDU, NO. 3
USHUS NAGAR, AYATHIL P.O., KOLLAM DISTRICT,
PIN - 691021
2 N. VIDYADHARAN
AGED 91 YEARS
S/O. NARAYANAN, RESIDING AT KALPANA VEEDU, NO. 3
USHUS NAGAR, AYATHIL P.O., KOLLAM DISTRICT,
PIN - 691021
BY ADVS. SRI.R.NIKHIL
SMT.SAJNA JALEEL
RESPONDENTS:
1 CITY POLICE COMMISSIONER
KOLLAM, (DISTRICT POLICE CHIEF), OFFICE OF THE CITY
POLICE COMMISSIONER, MUNDAKKAL, KOLLAM,
PIN - 691001
2 STATION HOUSE OFFICER
ERAVIPURAM POLICE STATION, THIRUMUKKU JUNCTION,
ERAVIPURAM, KOLLAM, KERALA, PIN - 691011
3 N.VISWANATHAN
S/O NARAYANAN, RESIDING AT KOORAVILA VEEDU, PULARI
NAGAR-77, PUNTHALATHAZHAM, KILIKOLLOOR P.O, KOLLAM
DISTRICT-, PIN - 691004
WP(C) NO. 5273 OF 2023 2
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4 SIRAJUDEEN. S,
S/O SULAIMAN KUNJU, RESIDING AT SHAMLA MANZIL,
AYATHIL NAGAR 83, AYATHIL P.O., KOLLAM DISTRICT.,
PIN - 691021
BY ADV SRI.S.SREEKUMAR (KOLLAM)
SRI.B.S.SYAMANTHAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 5273 OF 2023 3
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JUDGMENT
Dated this the 05th day of March, 2025
The writ petition is filed to direct the respondents
1 and 2 to afford adequate police protection to the life of
the petitioners from the alleged threats of the
respondents 3 and 4.
2. When the writ petition came up for
consideration on 16.02.2023, this Court directed the
petitioners to approach the 2nd respondent in case of any
law and order problem. If such complaint was filed, the
2nd respondent to take action in accordance with law.
3. Heard; the learned counsel for the
petitioners, the learned Government Pleader and the
learned counsel for the respondents 3 and 4.
4. The learned Government Pleader
submitted that, there are civil disputes between the
petitioners and the persons of the locality. Moreover, the
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petitioners are in the possession of the Government land.
5. The learned counsel for the respondents 3
and 4 submitted that, they have no intention to cause any
law and order problem. It is only because that there are
certain civil disputes between the petitioners and the
persons of the locality that the police have not interfered
in the matter.
6. The learned counsel for the petitioners
submitted that the petitioners have not instituted any civil
suits against the respondents 3 and 4. However,
respondents 3 and 4 are preventing the petitioners from
enjoying their properties.
7. In Padmanabhan N V. State of Kerala (2024
KHC Online 7177), the Division Bench of this Court has
held as follows:
"6. Police protection cannot be asked for issues that fall within
the jurisdiction of civil courts, particularly when it involves
resolving private disputes between parties. It is well established
in law that civil rights must be adjudicated by competent civil
courts. The enforcement of civil court orders should be carried
out in accordance with the procedures outlined in the Code of
Civil Procedure, 1908, or any relevant statute that establishes
the appropriate forums for such matters.
xxx xxx xxx
8. Seeking and employing a police force cannot be a means to
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sidestep the need for dispute resolution in competent courts.
Invariably, such directions are sought invoking Article 226 of
the Constitution of India."
8. On an analysis of the facts and the
materials placed on record, particularly, Exts.P2 and P4
civil suits and that the petitioners are allegedly in
possession of Government land, I am not inclined to
direct the 2nd respondent to afford police protection to the
petitioners. On the contrary, the 2 nd respondent shall
ensure that law and order is maintained in the locality,
without interfering in civil disputes.
In the result, the writ petition is disposed of, by
directing the 2nd respondent to ensure that law and order
is maintained in the petitioners' locality without
interfering in any civil disputes between the petitioners
and the persons in the locality. If the petitioners have
any grievance that the respondents 3 and 4 are not
permitting them to enjoy their property, they would be at
liberty to work out their remedies in accordance with law.
Sd/-
C.S.DIAS,
JUDGE
NAB
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APPENDIX OF WP(C) 5273/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE LATEST LAND TAX
RECEIPT BEARING NO:KL02030404278/2022
DATED 07.04.2022, ISSUED FROM THE VILLAGE
OFFICE VADAKKEVILA
EXHIBIT P2 A TRUE COPY OF THE PLAINT IN O.S. NO.
677/2022 ON THE FILES OF THE HON'BLE
MUNSIFF'S COURT, KOLLAM
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 28.09.2022
IN I.A NO:1/2022 IN O.S. NO. 677/2022 ON
THE FILES OF THE HON'BLE MUNSIFF'S COURT,
KOLLAM
EXHIBIT P4 A TRUE COPY OF THE PLAINT IN O.S. NO.
691/2022 ON THE FILES OF THE HON'BLE
MUNSIFF'S COURT, KOLLAM
EXHIBIT P5 TRUE COPY OF THE COMPLAINT PENDING AS
C.M.P NO:3012/2022 ON THE FILES OF THE
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE'S
COURT-II, KOLLAM
EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 02-02-
2023 SUBMITTED BY THE PETITIONERS BEFORE
THE 2ND RESPONDENT
EXHIBIT P7 A TRUE COPY OF THE COMPLAINT DATED 06-02-
2023 SUBMITTED BY THE PETITIONERS BEFORE
THE 1ST RESPONDENT
EXHIBIT P8 A TRUE COPY OF THE RECEIPT ISSUED FROM
THE OFFICE OF THE 1ST RESPONDENT
