The court determined that ongoing disputes over property rights necessitate police intervention for law maintenance without overstepping into civil adjudication.

JUDGMENT

Petitioners claim to be the owners of 2 Acres of land and a residential house bearing No.7/116 of Puthur Grama Panchayat, Mannamangalam Village, Thrissur. According to the petitioners, a private road that leads to their property from Mannamangalam- Pazhavellachal Panchayat Road has been used by the petitioners and their predecessors for the last 74 years. Petitioners allege that respondents 1 and 2, who are tenants of a house that abut the aforementioned private road have been on inimical terms and are creating obstructions and annoyance not only to the petitioner but also to the other local people. Petitioners allege that respondents 1 and 2 keep blocking the private road which is the only access to petitioners private property by keeping wooden logs, iron rods, cow dung etc. across the road and even attempts to assault them.

2. Petitioners allege that on 12.02.2024, they were brutally assaulted by respondents 1 and 2, for which a crime was registered as FIR No.382/2024 of Ollur Police Station and therefore, the petitioners apprehend threat to their life and property. Though petitioners had lodged a complaint with the police, no action has been taken, and hence they have approached this Court.

3. Despite service of notice to respondents 1 and 2 they have not filed a counter affidavit till date.

4. The learned Government Pleader, upon instructions, submitted that the crime was registered at the behest of the petitioners and after investigation the final report has been filed, which is now pending as C.C. No.532/2024 on the files of the Judicial First Class Magistrate Court-III, Thrissur. The learned Government Pleader also submitted that both petitioners and respondents 1 and 2 do not have ownership of the property and that they have only possession of the property and the dispute is now pending before the Civil Court. It was also stated that no purchase certificate has been issued by the Government in respect of the land in the possession of either the petitioners or respondents 1 and 2, that there is a dispute regarding the pathway leading to their respective properties which is the subject matter of proceedings before the Civil Court. It was also submitted that specific directions have been issued to ensure that no law and order situation arises in the area.

5. I have heard the learned counsel for the petitioners, the learned counsel for respondents as well as the learned Government Pleader.

6. It is evident that O.S. No.618/2024 is pending consideration before the Additional Munsiff Court, Thrissur. Petitioners have already obtained an injunction order against causing any alteration in the pathway or committing waste. The crime registered at the behest of the 1^st petitioner has been investigated and a final report has also been filed which has been taken cognizance by the learned Magistrate as C.C. No.532/2024 before the Judicial First Class Magistrate Court, Thrissur. The above circumstances, indicate that there are serious disputes between the petitioners and respondents 1 and 2.

7. The question regarding the right of way has not yet been decided by any Civil Court and is pending consideration. Petitioners have not been able to produce any document of title. The police allege that petitioners have not yet obtained any purchase certificate. In the absence of any document of title, petitioners are claiming possessory title to the property. Since civil and criminal disputes are pending between the parties, it is not proper for this Court to issue any positive direction for grant of protection to the petitioner for the purpose of using any particular way. However, since the matter is pe