IN THE HIGH COURT OF KERALA AT ERNAKULAM
SOUMEN SEN, CJ, SYAM KUMAR V.M., J
MUTHUSWAMI – Appellant
Versus
DISTRICT POLICE CHIEF – Respondent
WA NO. 820 OF 2026|WP(C) NO.45729 OF 2025
| Table of Content |
|---|
| 1. writ jurisdiction in settled civil disputes. (Para 2 , 3) |
| 2. dismissal with fence construction limits. (Para 4) |
2. Ordinarily, a writ court may not entertain a writ petition involving a civil dispute. However, in the present case, the issues between the parties have been finally decided, and it is undisputed that the civil litigation involving the area over which the present writ appellants are claiming interest has been decided against them.
3. The respondents are seeking to protect their own property by raising a fence, which has been prevented by the writ petitioners. Under such circumstances, the learned Single Judge allowed the writ petition, directing adequate police protection for raising such a fence. Even an order of a civil court can be executed with police protection.
4. Given the facts and circumstances of the case, we are not inclined to interfere with the order passed by the learned Single Judge. However, we make it clear that the raising of the fence shall be restricted to the area presently under the occupation of the respondents and forming part of the scheduled property in the suit, over which the writ appellants had raised a dispute regarding their title, which was ultimately dismissed. Any construction beyond the area specified in the schedule to the claim shall not be covered by this judgment. The impugned judgment is clarified to the aforesaid extent, with the further observation that police assistance shall be limited to the construction of the fence now required to be carried out without any obstruction. In case of any other boundary dispute between the parties, the same shall be resolved through appropriate civil proceedings, unless the issues have already been resolved in the civil suit.
With the aforesaid clarification, the writ appeal is dismissed.
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