JEWEL HOMES PVT. LTD. v. THE DISTRICT POLICE CHIEF, ERNAKULAM & OTHERS

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **FRIDAY, THE 16TH DAY OF OCTOBER 2020 / 24TH ASWINA, 1942** ## **WP(C).No.17477 OF 2020(H)** ## **PETITIONERS:** **1 JEWEL HOMES PVT. LTD., CASAGRANTE BUILDING, OPPOSITE TVS SHOWROOM, DESHABHIMANI, KOCHI-17, REP BY ITS MANAGING DIRECTOR MR.JIHAS P.A., AGED 51, S/O.P.K.ABDUL RAHIMAN, JEWEL NEST, EROOR VASUDEVA ROAD, VASANTH NAGAR, PALARIVATTOM P.O., KOCHI-25. 2 MR.JIHAS P.A. AGED 51 YEARS THE MANAGING DIRECTOR, M/S.JEWEL HOMES PVT LTD., S/O.P.K.ABDUL RAHIMAN, JEWEL NEST, EROOR VASUDEVA ROAD, VASANTH NAGAR, PALARIVATTOM P.O., KOCHI-25. BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA KUM.K.S.SREEREKHA SRI.NABIL KHADER** ## **RESPONDENTS:** |**1**|**THE DISTRICT POLICE CHIEF**| |---|---| ||**OFFICE OF THE DISTRICT POLICE CHIEF, ERNAKULAM**| ||**DISTRICT, PIN-682 011.**| |**2**|**THE ASSISTANT COMMISSIONER OF POLICE**| ||**THE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE,**| ||**THRIKKAKKARA, PIN-682 021.**| |**3**|**INSPECTOR OF POLICE**| ||**OFFICE OF INSPECTOR OF POLICE,**| ||**KALAMASSERRY, PIN-682 022.**| |**4**|**SUB INSPECTOR OF POLICE**| ||**KALAMASSERRY POLICE STATION, PIN-682 033.**| **WP(C).No.17477 OF 2020(H)** 2 **5 M/S.NEO SINMAR DEVELOPERS PVT LTD REP BY ITS MANAGING DIRECTOR, MR.NOBLE NJALIYATH, 56/98, 10B CROSS ROAD, PANAMPILLY NAGAR, KOCHI-36. 6 NOBLE NJALIYATH, THE MANAGER DIRECTOR, M/S.NEO SINMAR DEVELOPERS PVT.LTD., 56/98, 10B CROSS ROAD, PANAMPILLY NAGAR, KOCHI - 36. R1-R4 BY SRI P.P.THAJUDHEEN, SR. GOVERNMENT PLEADER R5-R6 BY ADV. SRI.PHILIP T.VARGHESE R5-R6 BY ADV. SRI.THOMAS T.VARGHESE R5-R6 BY ADV. SMT.ACHU SUBHA ABRAHAM R5-R6 BY ADV. SMT.V.T.LITHA R5-R6 BY ADV. SMT.K.R.MONISHA R5-R6 BY ADV. SMT.SHRUTHI SARA JACOB** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.17477 OF 2020(H)** 3 ## **JUDGMENT** The 1[st] petitioner is a private limited company having registered office at Kaloor, Ernakulam and the 2[nd] petitioner is stated to be the owner in possession of property having an extent of 19.55 Ares and 17.30 Ares in Resurvey No.664/14, 1.80 Ares in Resurvey No.664/16 and 0.45 Ares in Resurvey No.664/3 in Block No.5 of Thrikkakkara North Village, Kanayannur Taluk. In connection with the construction of an apartment complex in that property, there are certain disputes between the petitioners and the 5[th] respondent. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to provide adequate and necessary police protection to the petitioners and his employees for completing the construction of an apartment complex named Jewel Pristine Greens in the land owned by the 2[nd] petitioner, without any threat or obstruction by the 6[th] respondent and his men. In the writ petition, it is alleged that on 17.08.2020, the workers engaged by the petitioners were obstructed by the 6[th] respondent and his men. 2. On 25.08.2020, when this writ petition came up for admission, the learned Government Pleader took notice for **WP(C).No.17477 OF 2020(H)** 4 respondents 1 to 4. Notice by special messenger was ordered to respondents 5 and 6. 3. A statement has been filed on behalf of the 3[rd] respondent, through the learned Special Government Pleader. Paragraphs 4 of that statement reads thus: “4. The petitioner has filed complaint before the 2[nd] respondent in the writ petition. The main grievance ventilated in the complaint (Ext.P4) is that, the civil dispute is pending between the parties. It seems that the allegation is with regard to the violation of terms in the agreement executed between the parties in connection with certain construction activities. On enquiry it is revealed that there is no law and order situation existing in the premises warranting an order of Police protection to the petitioners. The petitioners could have settle the matter between the parties amicably or to approach proper forum for the redressal of their grievance.” 4. Respondents 5 and 6 have filed counter affidavit opposing the reliefs sought for in this writ petition. 5. Heard the learned counsel for the petitioners, the learned Senior Government Pleader for respondents 1 to 4 and also the learned counsel for respondents 5 and 6. 6. The Kerala Police Act, 2011 is enacted to consolidate **WP(C).No.17477 OF 2020(H)** 5 and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law. 7. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital **WP(C).No.17477 OF 2020(H)** 6 role. Society for its defence needs a well-led, welltrained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants." 8. In **Manohar Lal Sharma v. Principal Secretary [(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . Having considered the submission made by the learned counsel on both sides, this Court finds that there are certain disputes between the petitioners and the 5[th] respondent, in connection with construction of an apartment complex in the **WP(C).No.17477 OF 2020(H)** 7 property in question. In case of any threat or obstruction from the side of the 6[th] respondent or his men, the petitioners shall approach the 3[rd] respondent Inspector of Police, Kalamassery Police Station, with a request for police protection for completing the construction of the building in question, in which event, the said respondent shall do the needful, taking note of the law laid down in the decisions referred to supra. The writ petition is disposed of as above. **Sd/-** **ANIL K.NARENDRAN** **JUDGE** JV **WP(C).No.17477 OF 2020(H)** 8 ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **THE COPY OF THE AGREEMENT FOR CONSTRUCTION EXECUTED BETWEEN THE 1ST AND 2ND PETITIONERS WITH THE 5TH RESPONDENT DATED 27/03/2019.** **EXHIBIT P2 THE COPY OF THE EMAILS SENT BY THE 6TH RESPONDENT TO THE PETITIONERS DATED 07/08/2020.** **EXHIBIT P3 THE COPY OF THE REPLY NOTICE SENT BY THE PETITIONERS THROUGH THEIR COUNSEL DATED 13/08/20.** **EXHIBIT P4 THE COPY OF THE REPRESENTATION SEEKING POLICE PROTECTION SUBMITTED TO THE 2ND RESPONDENT.** **EXHIBIT P5 THE COPY OF THE REPRESENTATION SEEKING POLICE PROTECTION SUBMITTED TO THE 4TH RESPONDENT.** **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R5 TRUE COPY OF THE FIRST PAGE OF THE SITE REGISTER MAINTAINED BY THE PETITIONERS AND THE 5TH RESPONDENT DATED 05.08.2019.**