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 TUESDAY, THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 WP(C).No. 4103 of 2014 (K) --------------------------- PETITIONER(S): -------------------------- 1. THANKAMMAL, W/O.DORAISWAMY, AGED60YEARS, HOUSE NO.26, NETAJI STREET, P.N.PUTHUR, COIMBATORE.
2. JAYALAKSHMI, W/O.RAMASWAMY, AGED40YEARS, HOUSE NO.26, NETAJI STREET, P.N.PUTHUR, COIMBATORE.
3. SELVI, W/O.GANESH, AGED37YEARS, HOUSE NO.26, NETAJI STREET, P.N.PUTHUR, COIMBATORE. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): ---------------------------- 1. S.I. OF POLICE, AGALI POLICE STATION, AGALI - 678 581.
2. RANGABOYAN, S/O.KALI, PATTIMALAM, AGALI - 678 581. R1 BY STATE ATTORNEY SRI. P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(C).No. 4103 of 2014 (K) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: --------------------------------------- EXT.P1 - TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, AGALI WITH ENGLISH TRANSLATION. EXT.P2 - TRUE COPY OF THE TAX RECEIPT FOR THE YEAR201314 DATED3008-2013 WITH ENGLISH TRANSLATION. EXT.P3 - TRUE COPY OF POLICE COMPLAINT FILED BEFORE THE1T RESPONDENT WITH ENGLISH TRANSLATION. RESPONDENT(S)' EXHIBITS: ------------------------------------------ N I L /TRUE COPY/ P.A.TO JUDGE Kss Manjula Chellur, C.J.
& A.M. Shaffique, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 4103 OF2014- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of February, 2014 JUDGMENT
Manjula Chellur, C.J.
Petitioner has approached this Court seeking the following reliefs: "a. issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to provide police protection to the petitioners life and property. b. issue a writ of mandamus or any other writ order or direction, directing the 1st respondent to provide adequate police protection to the petitioners to enable them to enter into their property without threat from the 2nd respondent. c. issue a writ of mandamus or any other writ order or direction, directing the 1st respondent to take appropriate action on the Ext.P3 complaint in accordance with law. d. Grant such other relief as may be prayed for and as this Hon'ble Court may deem fit in the accordance with law." 2. First petitioner and party respondent are sister and brother. According to her, the party respondent is objecting her in putting up fence demarcating the properties of first petitioner and the party respondent. Now the party respondent is not even allowing the petitioners to enter their portion of the properties. They further contend that revenue WP(C) No. 4103 of 2014 -:2:- records indicate they are in possession and enjoyment of the property.
3. On the face of record what we notice is that there seems to be boundary dispute between the parties which is confirmed by submissions made by the State Attorney. If anyone is interfering with the peaceful possession and enjoyment of the property held by petitioners, petitioners have to approach civil court restraining the party respondent or anyone claiming under him from interfering with their rights. Police cannot be directed to assist petitioners either to fence the boundary or allow them to enter the property. If any law and order problem arises on account of resistance between the parties, then alone Police are required to interfere and enquire only into the criminal offence if any attempted or committed by any of the parties to the dispute. With these observations, the Writ Petition is closed. Manjula Chellur, Chief Justice. A.M. Shaffique, Judge. ttb/11/02 WP(C) No. 4103 of 2014 -:3:-