Shaffique, J.
The petitioners had approached this Court seeking for a direction to respondents 1 to 5 to grant adequate protection to construct a house and other construction work as per Ext.P1 permit issued by the Corporation of Cochin in respect of property in Survey No.786/1 of Fort Kochi Village.
2. Petitioners submit that they had obtained a building permit from the local authority by way of Ext.P1. The 6th respondent claiming to be members of the Viswakarma Service Society and Sree Budha Cultural Centre are obstructing construction of boundary wall by the petitioners on the allegation that there was a 'Sarpakavu' in the property. According to the petitioners, this matter was enquired into by the Revenue Divisional Officer and it was ultimately found that there is no such 'Sarpakavu' in the property. That apart, the petitioners' predecessor in interest filed OS No. 208 of 1993 before the Munsiff's Court, Kochi. The suit was decreed WP(C) No. 21861 of 2014 -:2:-
upholding the title of the petitioners' predecessor in interest and in an appeal filed the decree was confirmed by Ext.P4. According to petitioners, despite the judgment of Civil Court, there is still obstruction from the part of the party respondents and their men against the construction of boundary wall as well as the building.
3. Learned Government Pleader on instructions would submit that some obstruction had been caused by the party respondents on the allegation that the petitioners are trespassing into the property which belongs to a temple. Whatever that might be, Police can interfere only if there is law and order situation. Police cannot interfere with civil rights of parties.
4. In the said circumstances, we are of the view that this Writ Petition can be disposed of as under:
If there is any law and order situation at the time when the petitioners construct boundary wall in their property, it shall be open for the petitioners to file necessary complaint, which shall be looked into by WP(C) No. 21861 of 2014 -:3:-
respondents 4 and 5 and after conducting necessary enquiry, appropriate action shall be taken in the matter.
The Writ Petition is disposed of as above.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/16/10