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Judgment
The premise on which the writ petition seeking police protection is filed is that, the petitioner is in possession and enjoyment of 1.62 Ares of land in Block No.17, R.S. No.443/20 of Kanjiramkulam village and the small hut situated therein. The prayer sought is that his possession shall not be disturbed and in the event of disturbance, police protection should be afforded.
Based on instructions obtained, the learned Government Pleader submitted before us that while the petitioner is a resident of Tamilnadu, the third respondent is residing in the property in question with his family. It is also stated that the Panchayat has permitted the third respondent to reconstruct the hut now available in the plot.
Essentially therefore, the issue to be resolved is whether the petitioner is in possession or it is the third respondent who is in possession of the property in question. Resolution of such a dispute is not possible in a proceeding under Article 226 of the Constitution of India and in the absence of which the petitioner cannot seek orders of police protection as well.
In such circumstances, the remedy available to the petitioner is to move the concerned civil court. With that liberty the writ petition is disposed of.