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1992 Supreme(Ker) 257

K.P.BALANARAYANA MARAR
Kochupennu Ambujakshi – Appellant
Versus
Veluthakunju Vasu Channar – Respondent


Advocates:
M/s. K. P. Dandapani, Sumathi Danda­pani and K. Jaju Babu, for Petitioners; Mr. P. N. Ravindran, for Respondents.

ORDER :-

Can a direction be given to the police to assist a person to enjoy posses­sion of his property ? What are the circums­tances in which the extraordinary remedy under Art. 226 of the Constitution can be invoked in order to protect the life and property of a person ? Should policemen be entrusted with a duty to decide rights of possession, easement rights and other civil rights ? These questions loom large in this O.P. seeking police protection. The matter has to be looked at in some detail since quite a large number of original petitions are filed seeking similar reliefs.

2. Petitioners together own and possess two plots of land admeasuring 1 acre and 41.5 cents lying contiguous. Respondents 1 to 4 are their neighbours. When they attempted to cut open a new pathway through the property of petitioners, a suit was filed as O.S. 158/1989 before the Munsiff's Court, Haripad and obtained a decree for permanent injunction. Even thereafter respondents 1 to 4 with the help of their associates are alleged to have made attempts to trespass into the property. Some trees are alleged to have been cut down by them and damage caused to the latrine situated in the compound. Complaints were g























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