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NITIN JAMDAR, S. MANU
Padmanabhan N. , S/o. Late Krishna Kurup – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Nitin Jamdar, C. J.
The Appellant/Original Petitioner has filed this appeal under Section 5 of the Kerala High Court Act, 1958 challenging the order passed by the learned Single Judge dated 27 September 2024 dismissing W.P.(C) No. 33980 of 2024.
2. The Petitioner filed the writ petition for a simplicitor direction to Respondents 1 & 2 – the Principal Secretary, Home Department and Station House Officer, Thalassery Police Station, Kannur District, to provide police protection to him to put up a compound wall, as he apprehended interference by Respondent Nos.3 to 5 – private parties.
3. The learned Single Judge found that there existed a civil dispute, and, therefore, disposed of the writ petition, observing that if the dispute gave rise to any law and order situation, the police would be bound to interfere and ensure that the Petitioner is not put to any physical harm.
4. The case of the Petitioner in the petition is that he is the owner of a property having an extent of 11.30 cents wherein he has constructed a two storeyed building. The said building consists of six self-contained studio flats let out to five tenants. The Petitioner stays in one of the flats. According to the
A writ petition for police protection cannot resolve civil disputes and must be adjudicated in competent civil courts.
Police protection under writ jurisdiction requires clear evidence of a law and order threat; civil disputes must be resolved in civil courts, not through police intervention.
Pleadings and particulars are required to enable court to decide rights of parties in trial.
A writ court cannot adjudicate civil rights disputes, necessitating resolution through appropriate civil proceedings.
Police cannot intervene in purely civil property possession disputes.
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