IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 9732 of 2007(H)
1. ANIRUDHAN P.K., S/O LATE KANNAN,
... Petitioner
Vs
1. SUBPERINTENDENT OF POLICE,
... Respondent
2. SUB INSPECTOR OF POLICE,
3. THANKAMMA, W/O LATE PARAMARTHAN,
For Petitioner :SRI.BIJU M.JOHN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :03/04/2007
O R D E R
J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.
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W.P.(C).NO. 9732 OF 2007
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Dated this the 3rd day of April, 2007.
JUDGMENT
Koshy, J.
This is a petition alleging police harassment. It is submitted that on
the basis of a Writ Petition filed by 3rd respondent, police only gave protection
to measuring out the property of petitioner. This court is not deciding the
civil dispute in a petition for police protection or alleging police harassment,
filed under Article 226 of Constitution of India. The question whether
petitioner has ownership or title of the property is a matter to be decided
finally by the Civil Court. But petitioner cannot obstruct when police
protection is ordered by this court for measurement of the property. We are
not expressing any opinion regarding the civil dispute between the petitioner
and third respondent. Police is bound to give protection as ordered by this
court and at the same time the harassment should be avoided. Merely by
measurement of the property civil right of the parties are not affected.
Recording the submission that police will not compel the petitioner to sign
any document, and investigation will be conducted according to law, this Writ
Petition is disposed of.
J.B.KOSHY, JUDGE.
T.R.RAMACHANDRAN NAIR, JUDGE.
bkn