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2026 Supreme(Online)(Ker) 31081

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bechu Kurian Thomas, J
Nizamudeen – Appellant
Versus
Director General of Police – Respondent
WP(C) NO. 6555 OF 2026



Advocates:
For the Appellants/Petitioners: M.R.Sasith, R.K.Chirutha, Anjana Suresh.E, Reethu Jacob, Pragathy Prem Nair, Hasna Jabil, Anjitha S., Meera Nair.I.P, Ann Gini Roy
For the Respondents: Navaneeth.N.Nath, Abhirami S., Abdul Latheef P.M., Krupa Saji, Renjitha U.S, Sreejith V.S.

When parties involved in a civil dispute assure the court that they have no intention to cause harm or obstruction, the court may dispose of a police protection petition by recording such undertaking while directing law enforcement to act if a breach occurs.

Headnote:The petitioner filed a writ petition seeking police protection, alleging that the private respondents were obstructing his entry into his property and threatening his safety after his return to the country. The state government counsel submitted that the police had already intervened and were monitoring the situation to ensure law and order. The main issue was whether the court should grant police protection in a civil dispute regarding property enjoyment. The court reasoned that since the private respondents formally undertook before the court that they had no intention to cause harm or obstruction to the petitioner, the matter could be resolved by recording such an undertaking, while preserving the liberty of the petitioner to approach law enforcement authorities if the situation changes. The writ petition was disposed of by recording the respondents' undertaking, with liberty granted to the petitioner to report any future imminent threats to the concerned police authorities for immediate action.

Table of Content
1. nature of dispute and prayer for police protection. (Para 1)
2. submission of parties and state's response regarding law and order. (Para 2 , 3 , 4)
3. disposal of petition based on undertakings and protection mechanism. (Para 5)

JUDGMENT

Petitioner seeks the grant of police protection to his life and family members. Petitioner and respondents 4 to 6 are neinghbours. It is alleged that petitioner was residing abroad and recently returned to India. After his return, respondents 4 to 6 are attempting to restrain the petitioner from entering into his own property and hence he has approached this Court through this writ petition.

2. I have heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel for respondents 4 to 6.

3. The learned counsel for respondents 4 to 6 submitted that they have no intention to cause any harm to the petitioner or obstruction or encumber in the enjoyment of the property.

4. Learned Government Pleader upon instructions, submitted that the police had also directed respondents 4 to 6 not to cause any obstruction and as of now, there is nothing warranting any interference by the police. It was also submitted that, if in case, any law and order situation arises, the police will certainly interfere.

5. In the light of the submissions made on behalf of respondents 4 to 6 that they have no intention to cause any interference, obstruction or harm to the petitioner, I am of the view that the writ petition can be disposed of recording the aforesaid submissions.

Accordingly, this writ petition is disposed of, recording the submission made on behalf of respondents 4 to 6 that they have no intention to cause any harm, threat or obstruction to the petitioner in the enjoyment of his property. However, if in case, there is any imminent threat or obstruction being caused to the petitioner by any action of respondents 4 to 6, it will be open for the petitioner to bring the matter to the notice of the 3rd respondent, who shall, immediately, initiate appropriate action to avert such situations.

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