Court affirmed that legitimate title holders have the right to possess property, and unlawful interference by others must be legally restrained.

JUDGMENT :

N.Nagaresh, J.

W.P.(C) No.32937/2023 has been filed by the petitioner-Company seeking to direct respondents 1 to 3 to grant necessary police protection for enjoyment and effectively using properties covered by Exts.P1 and P1(a) without any obstruction from respondents 5 to 8 and persons whom they represent.

2. W.P.(C) No.24269/2024 has been filed by the petitioner whose daughter is studying in CA Higher Secondary School, Ayakkad PO seeking to command respondents 1 to 3 to ensure that the School ground of CAHSS comprised in Re-survey No.172/2, Block No.44 of Vadakkencherry-1 Village is used solely for the purpose of CA Higher Secondary School and as playground of the said School for the benefit of the students. Unless otherwise specified, the parties and exhibits in these writ petitions are referred to as they are described/marked in W.P.(C) No.32937/2023 for convenience.

3. The petitioner-Company in W.P.(C) No.32937/2023 states that they purchased 2.1583 Acres of land in RS No.172/2 of Ayakkad Amsom as per Ext.P1 assignment deed dated 15.01.2010. Ext.P1 property was purchased by late Balan from one Krishnamani and two others as per Ext.P2 assignment deed No.837/2006. The said property was set apart to them as D Schedule in Ext.P3 registered partition deed No.1962/2003. The petitioner therefore has absolute title over Exts.P1 and P1(a) properties which are lying as a single compact plot.

4. The petitioner-Company owns a Football Club by name “Gokulam Kerala Football Club”. The petitioner intends to use the land effectively as a regular practice ground for the Club teams. In 2018, when the petitioner took steps to measure the property with the help of revenue authorities, the 9^th respondent and others obstructed measurement. The petitioner hence filed OS No.296/2018 in the Munsiff's Court, Alathur. The Suit was decreed ex-parte as per Ext.P9 judgment dated 30.03.2019.

5. Thereafter, when the petitioner undertook ground levelling works in the property, respondents 5 to 8 obstructed the work. The petitioner filed W.P.(C) No.17844/2019 seeking police protection. This Court did not grant police protection holding that the issue involves adjudication of a civil dispute. The 4^th respondent, in the meanwhile, in his capacity as President of the PTA, filed OS No.352/2019 in the Munsiff's Court, Alathur. No evidence was adduced in the Suit and the Suit was dismissed for default as per Ext.P11 order dated 16.08.2023.

6. The petitioner states that certain persons are obstructing utilisation of the petitioner's property alleging that the property was once used as playground of the nearby School. Nobody goes to court or contests cases to establish the said claim. Instead, they continued to cause physical obstruction. Though the petitioner filed complaint before the 3^rd respondent-Sub Inspector, the police has not given effective police protection. Hence, the petitioner is before this Court.

7. In W.P.(C) No.24269/2024, the petitioner claims that his daughter is studying in CA Higher Secondary School. The School was established in 1941. The School has playground having 2 Acres and 15.83 Cents of land in Block No.44, Re-survey No.172/2/7 of Vadakkanchery Village. As per the records of the 2^nd respondent-DEO, the said property is School ground of CA HSS. In fact, the said land is the only playground which is being used by the School students as playground.

8. The D Schedule of Ext.P3 partition deed 1962/2003 jointly devolved the property on one Krishnamani, Duraiswami and Narayanaswami. The said D Schedule is the CA HSS building, School property and playground. The said School ground is part and parcel of the School. As per the records of the educational authorities, the said property is a School ground.

9. As per Ext.P2 sale deed No.837/2006, one Balan became the owner of the School and its properties. After the death of Balan, his legal heirs sold the School ground to the petitioner-Company as per sale deed No.161/2010. Later, ownership and