Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE6H DAY OF FEBRUARY201417TH MAGHA, 1935 WP(C).No. 3776 of 2014 (V) --------------------------- PETITIONER(S): --------------- LATHEESH NAMBOODIRI AGED29YEARS S/O.MADHUSOODHANAN NAMBOODIRI, CHERUVELI ILLATH PANDANADU WEST MURI, PANDANADU VILLAGE CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. PIN-695 001.
2. THE DISTRICT POLICE CHIEF ALAPPUZHA. PIN-686 001.
3. CIRCLE INSPECTOR OF POLICE CHENGANNUR POLICE STATION ALAPPUZHA DISTRICT. PIN-686 001.
4. SUB INSPECTOR OF POLICE CHENGANNUR POLICE STATION ALAPPUZHA DISTRICT. PIN-686 001.
5. MOHAN ADDITIONAL SUB INSPECTOR OF POLICE CHENGANNUR POLICE STATION, CHENGANNUR ALAPPUZHA. PIN-689 121. BY SPL. GOVERNMENT PLEADER SRI. SUJITH MATHEW JOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0602-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3776 of 2014 (V) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- P1- TRUE COPY OF THE PETITION DATED2412.2013 SUBMITTED BY THE PETITIONER TO THE HOME MINISTER WITH THE ENDORSEMENT FROM THE OFFICE OF THE HOME MINISTER. P1(A)- ENGLISH TRANSLATION OF EXHIBIT P1. P2- PHOTOGRAPHS (3 NOS.) SHOWING THE PRESENCE OF4H RESPONDENT ALONG WITH MISCREANTS WHILE VIOLATING THE COURT ORDER
. RESPONDENT(S)' EXHIBITS ------------------------- NIL [TRUE COPY] P.S. TO JUDGE. Manjula Chellur, C.J.
& A.M. Shaffique, J.
=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 3776 of 2014 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th day of February, 2014.
JUDGMENT
Manjula Chellur, C. J.
Petitioner complaining respondent-police's harassment is before us. The materials placed on record reveal, already four civil suits are pending between the petitioner and his neighbours. According to him, when he put up car shed in his own property, neighbours created trouble and thereafter he approached this Court. According to him, when the entire matter is seized before the civil court, the respondent-police, especially party respondent, taking undue advantage of his position as Additional Sub Inspector, is harassing the petitioner by summoning him to the police station. Thereafter, 5th respondent alleged to have arrested the neighbours in demolishing the compound wall put up by him.
2. According to learned Government Advocate, in spite of several directions of court to maintain status quo regarding the property in question, both parties, ie. petitioner and his neighbours, even quarrelled with each other causing verbal abuse as well as physical abuse. On more than one occasion, police have to interfere to maintain law and order and peaceful atmosphere at the disputed site. In the light of status quo order, any attempt by any of W.P(C) No. 3776 of 2014 -:
2. :- the parties to the suit in interfering with the property may quarrel with each other. Irrespective whether petitioner is justified or third parties are justified in raising such dispute, would only lead to law and order problem. If petitioner intends to have any specific order in his favour so far as his property is concerned, or the subject matter of the suit, he should seek intervention of the civil court to do the needful, including protection, if any, to his life and property. The civil disputes, if results in disturbing law and order, the subject matter of the suit, there is no justification in granting the relief sought by the petitioner. Accordingly, the writ petition is dismissed. Sd/- Manjula Chellur, Chief Justice. Sd/- A.M. Shaffique, Judge. Tds/