Point of Law: Neither Criminal Procedure Code nor Police Act or any of statute governing Act or duties of Police enjoins them to render police assistance or police protection for determining disputed civil rights.

JUDGMENT :

SHOBA ANNAMMA EAPEN, J.

The judgment dated 21.07.2022 rendered by the learned Single Judge in the instant WP(C) No.19536/2022, is the subject matter of challenge in this intra court appeal filed under Sec.5(i) of the Kerala High Court Act, 1958.

2. The appellant is the petitioner in the writ petition and the respondents in the writ appeal are the respondents in the writ petition.

3. Heard Sri.G.Hariharan, learned counsel for the appellant; Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for official respondents 1 & 2; and Dr.V.N.Sankarjee, learned counsel appearing for respondents 3 to 8.

4. The prayers in the instant writ petition, WP(C) No.19536/2022, are as follows;

“i) declare that the petitioner is entitled to get police protection for life from the respondents 3 to 8 and their henchmen as requested in Exhibit P2,

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding 2nd respondent to give necessary and adequate police protection to the petitioner and his family members for their life from the respondents 3 to 8 and their henchmen as requested in Exhibit P2 forthwith;

iii) grant such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case;”

5. The learned Single Judge, after hearing both sides, has rendered the impugned judgment dated 21.07.2022, dismissing the above writ petition and directing the appellant/petitioner to get appropriate orders from the District Court, Alappuzha, wherein AS No.54/2022 is pending.

6. Briefly put, the case of the appellant is as follows;

(a) The appellant, a senior citizen aged 86 years, being the eldest member of the Chiramel Kambakkaran family, is the President of the Aroor Puthuvaranadu Devaswom Trust, which is a private Trust formed by a member of the Chiramel Kambakkaran family. There were several disputes in connection with the conduct of election of the Trust and the appellant along with Aroor Puthuvaranadu Devaswom Trust had filed OS No.198/2017 on the files of the Court of Additional Munsiff, Cherthala for declaration and permanent prohibitory injunction. The suit was decreed in favour of the appellant as per Ext.P1 judgment. In order to comply with the directions in Ext.P1 judgment, election has to be conducted within six months and for that purpose, formal procedures including the issue of notice, preparation of voters' list etc. have to be done, for which the Puthuvaranadu Devaswom Temple is to be opened, which is kept locked by the defendants in the suit, who are respondents 3 to 8 in the writ petition. It is the case of the appellant that respondents 3 to 8 are obstructing the appellant in the matter of compliance of the directions in Ext.P1 judgment and there are serious threats to the life and property of the appellant from respondents 3 to 8 and their men. Thereafter, the appellant filed Ext.P2 complaint before the 2nd respondent-Station House Officer seeking necessary police protection for the life of the appellant and his family members and to take appropriate legal action against respondents 3 to 8 and their men.

(b) Learned counsel for the respondents submitted that the appellant is not the eldest male member of the family nor he is the President of the Trust. The 4th respondent-Parthasaradhi Pillai is the eldest male member of the family and that, earlier one Bhargavan Pillai was the President, who passed away on 04.03.2021 at the age of 96 and that, thereafter, the appellant trespassed upon about 30 cents of property set apart to the temple and put up a residential building therein. The appellant has done the illegal act by misusing his capacity as office bearer of the Trust and thus, committed breach of trust and misappropriation of the Trust property. It was further submitted that the respondents have preferred an appeal before the District Court, Alappuzha, against Ext.P1 judgment and that the matter is pending before the said court as AS No.54/2022 and that a stay