IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34885 of 2008(C)
1. V.V.SANTHOSH, S/O.LATE V.K.VELAYUDHAN,
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE,
... Respondent
2. SUB INSPECTOR OF POLICE, ANGAMALY.
3. V.V.RAJAN, S/O.LATE V.K.VELAYUDHAN,
4. SAVITHRI, W/O.LATE V.K.VELAYUDHAN,
For Petitioner :SRI.WILSON URMESE
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :26/11/2008
O R D E R
K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.
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W.P.(C) No.34885 OF 2008
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Dated this the 26th day of November, 2008
J U D G M E N T
~~~~~~~~~~~
Balakrishnan Nair, J.
The petitioner is running a hotel, which is housed in a
room bearing door No.AMC 20/319 of Angamaly Municipality.
The other rooms in that building belong to his brothers. They
are running different businesses in them. Recently, the 3rd
respondent, who is one of his brothers and the 4th respondent,
who is his mother, are causing obstruction to the running of the
hotel. They came to the hotel and prevented its functioning on
several occasions. They also prevented the petitioner’s
workmen from drawing water from the common well in the
compound of the building used by all the brothers. They are
threatening the workmen also. In the above background, the
petitioner preferred Ext.P4 representation before the Sub
Inspector of Police and thereafter this writ petition is filed,
seeking a direction to the police to grant him protection to run
the hotel.
2. Apparently, the dispute raised in this writ petition is
a dispute between the members of the family. If the petitioner
has got absolute right over the room, housing the hotel, he can
W.P.(C) No.34885/2008 2
move the competent civil court and get an injunction against his
brother and mother, who are causing obstruction. The police
cannot be conceded right or power to go into the title and
possession of the petitioner over the room and lack of right of
respondents 3 and 4 and come to the aid of the petitioner. It is
no part of the duty of the police. If the petitioner has
approached the civil court and the civil court passes any order
and the same is violated by the defendants, the petitioner can
move the civil court for police assistance. In appropriate cases,
the court can direct the police to render assistance to the
petitioner. Only in such circumstances, the police can interfere
in civil disputes of this nature. Accordingly, the writ petition is
dismissed, without prejudice to the contentions of the petitioner
and his right to move other forums for appropriate reliefs. But,
this judgment will not affect the powers of the police to take
action, in accordance with law, if any cognizable offence is
reported.
(K.BALAKRISHNAN NAIR, JUDGE)
(M.C.HARI RANI, JUDGE)
ps