The court cannot adjudicate civil disputes over property rights under Article 226 of the Constitution and leaves the parties to approach the competent forums to resolve their disputes.

The petitioners say that they are tribal women, belonging to the Irula Community and are holding ownership and possession of certain extents of land, protected by the provisions of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2012. They point out that these properties are part of the ‘conserved forest area’, which can be inhabited only by the tribal people; but that respondents 4 to 6 are attempting to trespass and take custody of the same; for which, they have been asked to surrender it to them, or, in the alternative, face dire consequences.

2. The petitioners explain that they, therefore, had no other option, but to approach the Hon’ble Chief Minister of Kerala for help;

as also the 3rd respondent – Station House Officer, for police protection; but that no action has been taken thereon and hence that they have been constrained to approach this Court through this Writ Petition.

3. In response to the afore submissions of Sri.Aneesh K.R. - learned counsel for the petitioners, the learned counsel appearing for respondents 4 and 5 – Sri.Ravi.K (Pariyarath), submitted that the allegations above made against his clients are wholly untrue and without any basis. He submitted that his clients are in full and unimpeached ownership of certain extents of land, on the strength of valid title documents; and that the attempt of the petitioners is to intrude into the same and assert possession and rights which they do not have in any manner whatsoever. He, however, added that his clients have not, and will not, cause any threat or intimidation to the petitioner, or commit any action which is in violation of law; and thus prayed that this Writ Petition be dismissed.

4. Smt.Rekha C.Nair – learned Senior Government Pleader, in response, submitted that, as evident from the afore narrative, the disputes between the parties are exclusively in the civil realm, into which the Police cannot normally intervene. She added that, however, the Police have taken steps to ensure that law and order is always maintained, without any of the rival parties being allowed to commit any action which is in violation of peace, and assured that necessary vigil in this regard will be maintained.

5. It is obvious from the afore rival positions that the disputes between the parties are with respect to properties. Both of them assert possession and ownership over certain extents, which cannot be assessed by this Court while acting under Article 226 of the Constitution of India; nor can I allow the Police to intervene into the same. If they have any such disputes, their remedy is to approach the competent Forum/Courts; for which, their liberties, as also their contentions, are certainly available and open.

6. That said, however, the Police have to ensure that the lives of the parties are adequately protected and that they do not engage themselves in acts of violence against each other.

In the afore perspective, I allow this Writ Petition and direct the 3rd respondent – Station House Officer, to ensure that the lives of the parties are protected against each other; and that none of them are allowed to take any action which is in violation of law. The Police shall ensure that law and order is always maintained in the area in question and that the disputes between the parties do not degenerate into a law and order issue, at any point of time.

As far as the parties are concerned, their respective liberties and rights, as also their contentions against each other, are left open without being decided in any manner in this judgment; however, that they do so, without resorting to violence or such other deleterious conduct.