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2008 Supreme(Ker) 511

M.C.HARI RANI, K.BALAKRISHNAN NAIR
Suseela – Appellant
Versus
State Of Kerala Represented By Secretary – Respondent


Advocates Appeared:For the Petitioners:M.P. Krishnan Nair, Advocate.

Judgment :-

Balakrishnan Nair, J.

This is one of the "police protection suits", which are being regularly filed before this Court. This Court has no power or authority under the Constitution to entertain such suits. The petitioners, who are husband and wife, have placed a very complicated civil dispute before this Court for its adjudication and based on the finding on that issue, to render assistance to them. But, in this police protection jurisdiction, we are concerned only with the point whether this Court should issue a writ of mandamus to the police. A writ of mandamus can be issued to a Police Officer if only, it is shown that the Officer has failed to discharge his statutory duties. We notice that none of the statutes in force in India authorizes the police to look into a civil dispute, enter a finding thereon and based on that finding, protect the person who is found eligible by him for such protection.

2. In this case, the first petitioner is the owner of a property having an extent of 20 cents, covered by title deed Nos.2501/95 and 3788/95 of Sub Registry, Sasthamcotta. After re-survey, it was found that the property in his possession has an extent of 24.5 cents. Claiming p






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