Boundary disputes concerning property ownership and construction permission are to be resolved through civil courts, not police intervention.

JUDGMENT

Dated this the 26th day of August, 2022 This writ petition is filed seeking directions to the 4th respondent not to harass the petitioner by compelling him to permit respondents 6 to 8 to construct a boundary wall without obtaining permission from the 5th respondent. It is submitted by the learned counsel for the petitioner that a partition suit in which a preliminary decree and final decree had been rendered is an admitted fact. However, it is submitted that there is encroachment on the part of respondents 6 to 8 constructing the boundary wall. It is submitted that no permission is sought for the construction.

2. The learned counsel appearing for the 5th respondent submits that there is no request for any permission for construction of any compound wall.

3. A counter affidavit has been placed on record by respondents 6 to 8. It is submitted that the contention that there is no boundary demarcation between the property allotted to respondents 6 to 8 from the property of the petitioner is incorrect. It is submitted that plot A and plot B in the final decree were measured and demarcated and boundary stones were laid in the presence of the petitioner and respondents 6 to 8. It is contended that the attempt of the petitioner is only to harass respondents 6 and 7 who are widows and senior citizens.

4. I am of the opinion that the question with regard to the construction of a boundary wall or the identity of the property cannot be decided by this Court in these proceedings. This writ petition is, therefore, disposed of with a direction that the police shall not involve itself in any boundary dispute and that the civil disputes between the parties will be resolved in accordance with law. It is made clear that I have made no comments as to the contentions of the parties on the merits of the matter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 21695/2022 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF THE PRELIMINARY DECREE DATED

26/8/2016 IN O.S. NO. 1/2016 ON THE FILES OF THE SUB-COURT, KOCHI.

Exhibit P2 THE TRUE COPY OF THE FINAL DECREE DATED

1/6/2019 IN F.D.A NO.59/2017 IN O.S.

NO.1/2016 ON THE FILES OF SUB COURT, KOCHI.

Exhibit P3 THE TRUE COPY OF THE RELEASE DEED NO.4511/1/2015 DATED 19/12/2015 OF SUB REGISTRAR OFFICE, KOCHI.

Exhibit P4 THE TRUE COPY OF EXECUTION PETITION NO.3/2020 IN O.S. NO.1/16 ON THE FILES OF LEARNED SUBORDINATE JUDGES COURT, KOCHI.

RESPONDENTS’ EXHIBITS:

Exhibit R6A TRUE COPY OF DELIVERY RECEIPT FILED BY AMIN IN E.P. NO.3/2020 BEFORE SUB COURT, KOCHI DATED 12.10.2021 Exhibit R6B TRUE COPY OF REPORT OF THE EDAKOCHI VILLAGE OFFICER TO THE SUB COURT, KOCHI IN E.P.3/2020 DATED 12.10.2021 Exhibit R6C TRUE COPY OF REPORT SUBMITTED BY AMIN TO THE SUB COURT, KOCHI DATED 13.10.2021