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IN THE HIGH COURT OF KERALA AT ERNAKULAM
NITIN JAMDAR, CJ, BASANT BALAJI
M.K. Aravindakshan S/o Late Kittunny – Appellant
Versus
M.R. Pradeep S/o Late M.K. Rajappan – Respondent
| Table of Content |
|---|
| 1. appeal against police protection ruling. (Para 1 , 2 , 3 , 4) |
| 2. appellants challenge police protection's validity. (Para 6 , 7) |
| 3. dispute over property title and rights. (Para 8 , 9 , 10) |
| 4. writ jurisdiction parameters discussed. (Para 12 , 13 , 14) |
| 5. writ of mandamus requires proof of law and order issues. (Para 16 , 19) |
| 6. judgment quashed, need for jurisdictional fact re-evaluation. (Para 20 , 22) |
| 7. implications of police protection jurisdiction emphasized. (Para 24 , 25) |
JUDGMENT :
Nitin Jamdar, C.J.
1. By these appeals filed under Section 5 of the KERALA HIGH COURT ACT , 1958, the Appellants have challenged the judgment of the learned Single Judge dated 5 October 2023 in W.P.(C) No.22946 of 2023 directing the police authorities to provide police protection to the Original Petitioners to close down the gate in the subject property.
2. The Appellants in W.A. No.1866 of 2023 are Respondent Nos. 3 and 4, and the Appellant in W.A. No.2086 of 2023 is Respondent No. 5 in W.P.(C) No.22946 of 2023. Respondent Nos. 4 and 5 are the children of Respondent No. 3. The writ petition was filed by Respondent Nos. 1 and 2/Original Petitioners.
3. The Petitioners filed the writ peti
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 petition for police protection cannot resolve civil disputes and must be adjudicated in competent civil courts.
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