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Ayisha P

High Court Of Kerala|11 June, 2014
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JUDGMENT / ORDER

Manjula Chellur,CJ
Petitioner is before this Court seeking police protection on the ground that party respondents are obstructing digging a bore well in her property, which is undertaken by her, after obtaining necessary permission from the concerned authorities. It is also admitted by learned counsel for petitioner that party respondents are neighbours residing 2.5 kms away from the property of petitioner.
2. The cause of action for petitioner to approach this Court is the obstruction caused by party respondents in the work of digging bore well. If petitioner has any legal right to dig bore well in her property and if someone else is obstructing, we fail to understand how does it amount to law and order situation. It is purely a civil dispute as third parties have tried to intervene with W.P.(C) No.14758 of 2014 2 her right to enjoy her property which includes digging of a bore well.
3. Learned Government Pleader submits, there is no law and order situation. Petitioner can restrain respondents from obstructing the work carried on in her land. If the dispute between parties lead to any law and order situation then only the police shall interfere and not otherwise.
Placing the above submission on record, this writ petition is closed.
MANJULA CHELLUR, CHIEF JUSTICE
P.R.RAMACHANDRA MENON,
JUDGE.
sj 12/06
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Title

Ayisha P

Court

High Court Of Kerala

JudgmentDate
11 June, 2014
Judges
  • Manjula Chellur
  • P R Ramachandra Menon
Advocates
  • M G Karthikeyan Sri Nireesh
  • Mathew