High Court Kerala High Court

Melbi Mathai vs The Sub Insepctor Of Police on 27 January, 2011

Kerala High Court
Melbi Mathai vs The Sub Insepctor Of Police on 27 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 38311 of 2010(L)


1. MELBI MATHAI, AGED 34 YEARS,
                      ...  Petitioner
2. SEEJI GEORGE, AGED 36 YEARS,

                        Vs



1. THE SUB INSEPCTOR OF POLICE,
                       ...       Respondent

2. FATHER VARGHESE THEKKEKKARA,

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :SRI.K.J.KURIACHAN

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :27/01/2011

 O R D E R
                         R.BASANT &
               K.SURENDRA MOHAN, JJ.
             -------------------------------------------
                  WPC No.38311 of 2010
             -------------------------------------------
            Dated this the 27th January, 2011

                           JUDGMENT

Basant, J.

The petitioners have come to this Court with this

petition seeking issue of directions under Article 226 of the

Constitution in their favour to the first respondent to afford

police protection for enjoyment of property covered by

Ext.P1 document and against the allegedly untoward violent,

culpable and contumacious conduct of the second

respondent.

2. The petitioners claim to be members of an

organization by name Iringole Jacobite Syrian Christian

Yuva Jana Sangham. According to the petitioners, the

property was purchased in the name of the Sangham by

Ext.P1 sale deed in 1963. Thereafter, the property was in

the possession of the said Sangham. According to the

petitioners, the second respondent has no rights in respect

of the said property. The second respondent, according to

the petitioners, is a person of questionable antecedents. He

wpc No.38311/2010 2

is attempting to physically obstruct the petitioners from

enjoyment of the property. He is indulging in violent acts.

In these circumstances, the petitioners have come to this

Court seeking police protection.

3. Notice was given to the respondents. The learned

Government Pleader appears for the first respondent – Sub

Inspector of Police. The second respondent is represented

by a counsel.

4. The learned counsel for the second respondent

submits that the petitioners have no locus whatsoever to

represent the Yuva Jana Sangam which had acquired the

property under Ext.P1. They do not even claim to be the

office bearers of the said Sangham. They only claim to be

members of the Sangham. According to the second

respondent, the Sangham by a decision of its general body

on 7.7.2010 had decided to give the property in favour of

Perumbavur Bathel Suloco Jacobite Suriani Cathedrel. The

second respondent who is the Parish priest of the said

Cathedral had represented the Cathedral in the document.

The document, a copy of which is produced as Ext.R2(a) is

seen dated 15.11.2010. It is seen executed in favour of the

said Church represented by the second respondent and two

wpc No.38311/2010 3

other trustees of the church. The gift is made subject to

conditions which are enumerated in Ext.R2(a). After

execution of the document Ext.R2(a) mutation has been

effected in the name of the transferree church. Ext.R2(b)

evidences payment of tax by the transferree. Ext.R2(c)

Possession Certificate has been issued by the Village

Officer, Perumbavur and that certificate dated 30.12.2010

also suggests that the transferree under Ext.R2(a) is in

possession of the property. Ext.R2(d) certificate of

ownership indicates that the church is the owner of the

building in that property. That certificate is issued by the

Secretary of the Rayamangalam Grama Panchayat.

5. The learned counsel for the second respondent

submits that the Yuva Jana Sangham claiming to act through

its Secretary has filed a suit O.A.No.284/2010 before the

Munsiff’s Court, Perumbavur. Interim orders were also

prayed for. No orders have been passed and the suit is

pending before the Perumbavur Munsiff’s Court.

6. The learned counsel for the second respondent

submits that in these circumstances, the petitioners who do

not even claim to be the office bearers of the Yuva Jana

Sangham cannot be permitted to claim police protection

wpc No.38311/2010 4

over the property over which their rights have not been

established. According to the second respondent, the said

suit is also not filed by the Secretary and a person claiming

to be the Secretary has filed this Suit. In any case, the

petitioners cannot claim right, title or possession over the

property nor can they claim police protection. Before

dispute regarding such rights are settled, the attempt to

claim police protection cannot be justified.

7. The learned Government Pleader, after taking

instructions, submits that a complaint was received from

some persons claiming to represent the Sangham. A crime

was registered as Crime No.846/2010 of Kuruppampady

Police Station. After investigation, on coming to know of

Ext.R2(a) gift deed, in the absence of any better material to

indicate that the petitioners and such others have rights

over the property, steps have not been taken to prosecute

the second respondent. At any rate, the police cannot sit in

judgment over the right, title and possession of the parties.

The parties may be directed to seek appropriate orders from

the Civil Court in the pending proceedings or in the

proceedings to be initiated hereafter. At any rate, the

learned Government Pleader submits that the police cannot

wpc No.38311/2010 5

decide the disputed right, title and possession of the parties.

8. We have considered all the relevant inputs. We have

gone through Ext.P1 and Ext.P2. We note that nothing is

produced to indicate that the petitioners are representatives

of the Yuva Jana Sangham or are competent to represent the

Yuva Jana Sangham now. We do not intend to express any

opinion on the disputed rights of the parties. Suffice it to

say that we are satisfied that before the question of rights of

the parties is resolved by initiating appropriate proceedings

before the competent civil court, no directions under Article

226 are liable to be issued. The police cannot be entrusted

with the responsibility of resolving such disputes and

therefore, no writ can be issued to the police to decide such

disputes and grant protection to one of the contestants.

9. This writ petition is in these circumstances

dismissed.

R.BASANT
JUDGE

K.SURENDRA MOHAN
JUDGE

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