M.M. Assis v. District Police Chief, Ernakulam Rural SP Office, Aluva and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943** ## **W.P.(C) No.5806 OF 2021(A)** ## **PETITIONER:** **M.M.ASSIS, AGED 57 YEARS, S/O MAKKAR, MUNDAKKAL HOUSE, AIRAPURAM VILLAGE, VALAYANCHIRANGARA-683 556.** **BY ADV. SRI.E.S.SANEEJ** ## **RESPONDENTS:** - **1 THE DISTRICT POLICE CHIEF, ERNAKULAM RURAL SP OFFICE, ALUVA, PIN-683 101.** - **2 THE CIRCLE INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION, KUNNATHUNADU-683 561.** - **3 SUB INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION, KUNNATHUNADU-683 561.** - **4 MUHAMMED, S/O HASSAINAR, MANGALIPPARA HOUSE, AIRAPURAM VILLAGE, VALAYANCHIRANGARA-683 556.** - **5 KOYAN, S/O HASSAINAR, MANGALIPPARA HOUSE, AIRAPURAM VILLAGE, VALAYANCHIRANGARA-683 556.** - **6 RAFEEK, S/O KOYAN, MANGALIPPARA HOUSE, AIRAPURAM VILLAGE, VALAYANCHIRANGARA-683 556.** W.P.(C) No.5806 OF 2021(A) -2- **7 SHIYAS, S/O KOYAN, MANGALIPPARA HOUSE, AIRAPURAM VILLAGE, VALAYANCHIRANGARA-683 556.** **8 AMINA, W/O BEERAN, MANGALIPPARA HOUSE, AIRAPURAM VILLAGE, VALAYANCHIRANGARA-683 556.** **R1-R3 SRI SUNIL NATH N.B., GOVERNMENT PLEADER R4-R8 BY ADV.SRI.BINU PAUL** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.5806 OF 2021(A) -3- ## **JUDGMENT** The petitioner, who is stated to be the owner in possession of a property having an extent of 92 Ares in Sy.Nos.80/4-3, 80/4-32/80/4/2 in Block No.29 of Airapuram Village, covered by document Nos.5039/2005 and 5258/2015 of the Sub Registrar Office, Puthencruz, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent District Police Chief to take up Ext.P9 complaint dated 26.02.2021 and the 3[rd] respondent Sub Inspector of Police, Kunnathunadu Police Station to take up Ext.P10 complaint dated 26.02.2021 and to grant sufficient and adequate police protection to the life and property of the petitioner, from continuous threat of respondents 4 to 8. The petitioner has also sought for a writ of mandamus commanding respondents 1 to 3 to ensure that the entry and exit of vehicles from the property of the petitioner is not being obstructed by respondents 4 to 8 and persons under them. In the writ petition, it is alleged that, respondents 4 to 8, who are petitioner's neighbours are causing obstruction to the construction of the compound wall of auditorium by the petitioner. The petitioner along with his wife W.P.(C) No.5806 OF 2021(A) -4- filed O.S.No.67 of 2021 before the Munsiff's Court, Perumbavoor against respondents 4 to 8 seeking permanent prohibitory injunction and obtained a temporary injunction. The petitioner submitted Ext.P9 complaint dated 26.02.2021 before the 1[st] respondent District Police Chief and Ext.P10 complaint dated 26.02.2021 before the 3[rd] respondent Sub Inspector of Police and thereafter, moved this writ petition before this Court, seeking the aforesaid reliefs. 2. On 05.03.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 to 3. Urgent notice on admission by special messenger was ordered to respondents 4 to 8, returnable by 09.03.2021. The learned Government Pleader was directed to get instructions. 3. The 2[nd] respondent Circle Inspector of Police has filed a statement dated 10.03.2021, pointing out the pendency of a civil suit between the petitioner and the party respondents. At present there is no law and order issues and the police is ready to give protection to the petitioner as and when required and requested. 4. Respondents 4 to 8 have filed counter affidavit, W.P.(C) No.5806 OF 2021(A) -5- opposing the reliefs sought for in this writ petition and pointing out the pendency of O.S.No.80 of 2021 before the Munsiff's Court, Perumbavoor for fixation of boundary and other consequential reliefs. 5. Today, when this writ petition is taken up for consideration, along with I.A.No.1 of 2021, the petitioner has placed on record Exts.P12 to P14. The document marked as Ext.P14 is the report of the Advocate Commissioner in I.A.No.2 of 2021 in O.S.No.80 of 2021. 6. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 3 and also the learned counsel for respondents 4 to 8. 7. The Kerala Police Act, 2011 is enacted to consolidate 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 W.P.(C) No.5806 OF 2021(A) -6- 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. 8. 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 role. Society for its defence needs a well-led, well-trained 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 W.P.(C) No.5806 OF 2021(A) -7- house without authority. They must not use more force than the occasion warrants." 9. 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]** . 10. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this Court finds that there are civil disputes between the petitioner and respondents 4 to 8, which are now pending consideration before the competent civil court as O.S.No.67 of 2021 and O.S.No.80 of 2021. In O.S.No.67 of 2021, the Munsiff's Court has granted an order of temporary injunction. Therefore, this Court need not go into the rival contentions raised in the writ petition and also in the counter affidavit filed by the party W.P.(C) No.5806 OF 2021(A) -8- respondents, touching the merits of the disputes now pending consideration before the competent civil court. In a writ petition filed under Article 226 of the Constitution of India seeking police protection, the issue that has to be considered is as to whether any interference of this Court is warranted, in order to maintain law and order. 11. Since there are civil disputes between the petitioner and the party respondents, which are now pending consideration before the competent civil court in O.S.No.67 of 2021 and O.S.No.80 of 2021, the petitioner is not entitled for an order for police protection, so as to enable him to undertake any construction, from any obstruction being caused by the party respondents. However, either the petitioner or the party respondents or their supporters cannot take law into their own hands. In case there is any law and order issues, arising out the dispute between the petitioner and the respondents 4 to 8, the petitioner can certainly bring it to the notice of the 2[nd] respondent Circle Inspector of Police by filing a proper complaint, in which event, the said respondent shall take appropriate action on that complaint, without any delay, taking note of the statutory W.P.(C) No.5806 OF 2021(A) **==> picture [19 x 7] intentionally omitted <==** provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. The writ petition is disposed of as above. Sd/- **ANIL K. NARENDRAN JUDGE** bpr W.P.(C) No.5806 OF 2021(A) -10- ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT WITH NO.KL07051403522/2020 DATED 12.06.2020. EXHIBIT P2 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT WITH NO.KL07051403520/2020 DATED 12.06.2020. EXHIBIT P3 TRUE PHOTOCOPY OF THE BUILDING PERMIT DATED 01.03.2018.** **EXHIBIT P4 TRUE PHOTOCOPY OF THE OWNERSHIP CERTIFICATE DATED 18.11.2020.** **EXHIBIT P5 TRUE PHOTOCOPY OF THE CONSENT TO ESTABLISH ISSUED BY THE POLLUTION CONTROL BOARD DATED 22.03.2019. EXHIBIT P6 TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DEPARTMENT OF FIR AND RESCUE DATE 17.11.2020. EXHIBIT P7 TRUE PHOTOCOPY OF THE PHOTOGRAPHS OF THE BUILDING CONSTRUCTION. EXHIBIT P8 TRUE PHOTOCOPY OF THE PLAINT IN O.S.NO. 67/2021 BEFORE THE MUNSIFF'S COURT, PERUMBAVOOR. EXHIBIT P9 TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE 1ST RESPONDENT DATED 26.02.2021. EXHIBIT P10 TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT DATED 26.02.2021. EXHIBIT P11 TRUE PHOTOCOPY OF THE RECEIPT FOR THE COMPLAINT GIVEN TO THE 3RD RESPONDENT DATED 27.02.2021. EXHIBIT P12 TRUE PHOTOCOPY OF THE RECEIPT ISSUED FROM THE KUNNATHUNADU POLICE STATION DATED 10.03.2021. EXHIBIT P13 TRUE PHOTOCOPY OF THE COMMISSIONER REPORT IN I.A.NO.2/2021 IN O.S.NO.67/2021 OF THE** W.P.(C) No.5806 OF 2021(A) -11- ## **MUNSIFF COURT, PERUMBAVOOR.** **EXHIBIT P14 TRUE PHOTOCOPY OF THE COMMISSIONER REPORT IN I.A.NO.2/2021 IN O.S.NO.80/2021 DATED 17.03.2021 OF THE MUNSIFF'S COURT, PERUMBAVOOR.** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R4(A) A TRUE COPY OF THE PLAINT/O.S.NO.80/2021 FILED BY RESPONDENTS 4 TO 8 BEFORE THE MUNSIFF'S COURT, PERUMBAVOOR DATED 10.03.2021.**