IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21463 of 2008(E)
1. VISWAMBHARAN NAIR,,S/O.VELAYUDHAN,
... Petitioner
2. AMBIKA, W/O.VISWAMBARAN NAIR, 53 YEARS
3. V.SUKUMARAN NAIR, S/O.VAMANAN NAIR
4. GEETHAKUMARI, W/O.SIVAKUMARAN NAIR
Vs
4. CIRCLE INSPECTOR OF POLICE,
... Respondent
1. STATE OF KERALA, REP. BY THE SECRETARY
2. CITY COMMISSIONER OF POLICE,
3. ASSISTANT COMMISSIONER OF POLICE
5. S.I. OF POLICE, PERURKADAQ,
6. LEENA, D/O,SATHI DEVI NAIR, R/A.GOKULAM
7. SURESH BABU, R/A.GOKULAM, MANNANTHALA
8. GOPINATHAN NAIR.K.,
For Petitioner :SRI.R.S.KALKURA
For Respondent :SRI.V.CHITAMBARESH (SR.)
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :07/08/2008
O R D E R
K.BALAKRISHNAN NAIR &
M.C.HARI RANI, JJ.
-----------------------------------------
W.P.(C) NO. 21463 OF 2008-E
-----------------------------------------
Dated 7th August, 2008.
JUDGMENT
Balakrishnan Nair, J.
The petitioners 2 and 4 are sisters and petitioners 1 and 3 are their
husbands. From a plot of land measuring 52 cents, the petitioners
submit, the father of petitioners 2 and 4 purchased 25 cents, which
was on the northern side of that property. The 8th respondent, who is
the father of the 6th respondent, purchased the remaining 27 cents of
land. While mutation was carried out, the petitioners submit, the 6th
respondent got mutation in her favour of 5 cents of land also, which
belongs to petitioners 2 and 4. Against that order of mutation carried
out by the survey officials, the petitioners 2 and 4 moved this Court, it
is submitted. On the strength of the said mutation, when respondents 6
to 8 tried to trespass into their property, the petitioners 2 and 4 moved
the civil court by filing separate suits and they have obtained interim
orders from the said court, directing the defendants therein to maintain
status quo. The respondents 6 and 7 are the defendants in those suits.
WPC 21463/08 2
While the matters stood so, the police started interfering in the civil
dispute and harassing the petitioners. The police are siding with
respondents 6 to 8 and trying to drive out the petitioners from the
disputed 5 cents of property, it is submitted. In the above background,
this writ petition is filed, seeking appropriate reliefs against the
harassment from the part of the police.
2. The respondents 6 to 8 have filed a counter affidavit, denying
the allegations made against them. According to them, mutation was
carried out by the survey officials correctly and they are in possession
and enjoyment of that 5 cents of land also. The petitioners are trying
to trespass into it and commit theft and mischief there. The petitioners
have violated the status quo order obtained by them, it is pointed out.
Based on the information lodged by the party respondents, the police
have registered three crimes against them, it is submitted. They are
coming to the residential building of the party respondents and are
threatening and abusing them.
3. We heard the learned Government Pleader for the official
respondents also. He submitted that the petitioners are not co-
WPC 21463/08 3
operating with the police in connection with the crimes already
registered against them. They are absconding.
4. We are of the view that the police shall not interfere in the
dispute concerning possession and ownership of the above mentioned 5
cents of land. It is for the civil court to decide the dispute. But, if the
petitioners have committed any crimes, the police can take appropriate
action. If any cognizable offence is committed, involving
manhandling, violence etc., even if the same takes place in the disputed
property, this judgment will not affect the powers of the police to
investigate the same. But, it is not proper for the police to register or
investigate crimes, involving offences under Sections 447, 427 or 379
of the I.P.C., in relation to the disputed property.
The Writ Petition is disposed of as above.
K.BALAKRISHNAN NAIR, JUDGE.
M.C.HARI RANI, JUDGE.
Nm/