High CourtsDivision Bench(2014) 03 KL CK 0022

Santhosh Kumar P.K. vs The Sub Inspector of Police Janmythri Police Station, Mahesh, Vinod, Uthaman and Devadas K.A. President, KSKTU Mekkara Unit

High Court Of Kerala · Decided on 3 March 2014

HON’BLE JUDGES
Manjula Chellur, C.J · A.M. Shaffique, J
CASE NUMBER
WP(C) No. 4625 of 2014 (C)

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Judgment

5 paragraphs · 325 words

A.M. Shaffique, J.—The petitioner has approached this Court seeking police protection. According to the petitioner, he had obtained Ext. P1 order from the Principal Agricultural Officer permitting him to convert 5 cents of land in Sy. No. 25/1 of Nadama Village, Thripunithura, for the purpose of constructing a building without causing any difficulties to the environment and subject to certain conditions.

2.

The petitioner complains that the party respondents are obstructing the conversion of the said land and therefore he is unable to construct a house.

3.

Though notice was ordered and there is appearance on behalf of the party respondents, no counter affidavit is filed and counsel seeks time to file counter affidavit.

4.

Having regard to the factual situation involved in the matter, there is no doubt that the party respondents can take law into their own hands, especially when the petitioner is converting his land on the basis of permission obtained from the appropriate authorities. As far the request for police protection is concerned, police can interfere only if there is any law and order situation. If there is any illegal obstruction for developing the property or for constructing the building, the petitioner can always approach civil court seeking appropriate restraint orders. Counsel for the petitioner submits that party respondents have erected flag in the property as well. Nothing prevents the petitioner from approaching the civil court for seeking appropriate injunction for removing any such unauthorised activity on the part of respondents 4 to 7. Police cannot resolve civil disputes between the parties. Police can interfere only in the event of any criminal act being apprehended or committed in the process of the petitioner carrying out construction activities in the property. In the said circumstances, we dispose of the writ petition as under:

In the event of receipt of any complaint from the petitioner alleging apprehension or commission of any cognizable offence, the police shall make necessary enquiries and do the needful.