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James Baby vs State Of Kerala

High Court Of Kerala|12 November, 2014
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JUDGMENT / ORDER

Shaffique,J
This writ petition is filed seeking police protection. Petitioner claims right in respect of the property having an extent of 20 cents in Sy.No.121/9/2, Re-sy.No.138/9/14 of Kadambanad village. According to the petitioner, when he tried to enter the property with his workers for cutting and removing the trees and other plants for constructing a building, the same was opposed by party respondents 5 and 6 and the workers were not permitted to carry on any work in the said property. Though the petitioner has filed a complaint before the police, no action has been taken in the matter.
2. Counter affidavit has been filed by respondents 5 and 6. According to them, they have not created any obstruction but they have certain rights with reference to the property in question.
3. The learned counsel for the petitioner relied upon a judgment by which 5th respondent was restrained from trespassing into the property in question.
4. The learned Government Pleader, on instructions, would submit that on receiving a complaint, necessary enquiries were made by the police and the petitioner was informed that if any law and order situation arises, the same shall be looked into by them.
Having regard to the aforesaid submission, we do not think that police will be justified in interfering with any civil dispute between the parties. But the fact remains that police is bound to maintain law and order situation if there is conflict between the petitioner and party respondents. In these circumstances, writ petition is disposed of as under:
If there is any law and order situation in the matter relating to the petitioner's enjoyment of the property which he claims, without involving in the civil dispute, police shall ensure maintenance of law and order.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) jsr (sd/-) (A.M.SHAFFIQUE, JUDGE)
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Title

James Baby vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
12 November, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • V Ajith Narayanan
  • Sri Rajesh Nair
  • Sri Bijoy Chandran