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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
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 petition stating that the Appellants are preventing the Petitioners from enjoying their property, obstructing the closing of the gate, and threatening them. Therefore, they approached the Respondent – police authorities with a complaint and since no action was taken, a writ of mandamus was sought against the Respondent – police authorities, directing them to provide effective police protection to the Petitioners to ensure their peaceful enjoyment of the property, to close and lock the gate.
4. The
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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