MOIDEEN & ORS. vs STATE OF KERALA & ORS.

The petitioners belong to same family and are residing in the adjacent plots. It is stated that they obtained the property in a partition that took

place in 1998, consequent to the death of their predecessor-in-interest and that their predecessor had obtained the property in an earlier partition

that took place in 1948. It is stated that the property has well demarcated and clear boundaries and is in the exclusive enjoyment of the petitioners.

Southern side of the property is bounded by a river, while on the western side is a public road. It is stated that the 1st respondent''s men, without

giving any notice to the petitioners, encroached upon the western side of the property claiming that it is a ''puramboke'' land. The petitioners issued

Ext.P1 notice to the 2nd respondent under Section 249 of the Kerala Panchayat Raj Act, 1994 calling upon the Panchayat to fix the boundaries.

The petitioners also filed Ext.P2 application before the 4th respondent requesting to demarcate the boundary, through the Taluk Surveyor. When

the harassment of respondents 1 and 2 continued, the petitioners were constrained to file O.S.No.634/2016 before the Munsiff''s Court,

Kozhikode, copy of the plaint is at Ext.P3. An injunction has been granted vide Ext.P4 order, restraining the 2nd respondent from committing any

waste in the property belonging to the petitioners. Ext.P5 is the copy of the injunction application and Ext.P6 is the counter-statement filed by the

2nd respondent. The petitioners filed Ext.P7 complaint before the 3rd respondent for protection, but no action has been taken. Hence, they are

constrained to approach this Court seeking issuance of a writ directing the 3rd respondent to afford sufficient and adequate protection to the

property of the petitioners.

We heard the learned Senior Government Pleader appearing for the 3rd respondent and the learned Counsel for the petitioners. Documents

perused.

Perusal of the documents and the pleadings in the petition would clearly indicate that there is a civil dispute between the Panchayat and the

petitioners. A portion of the property, which the petitioners claimed to be theirs, is alleged to be a puramboke land and the parties are litigating

their rights before the Munsiff''s Court, Kozhikode. An injunction has also been obtained by the petitioners in their favour. In case there is any

violation of the injunction, it is for the petitioners to approach the civil court with an application seeking remedy for violation. Instead, the petitioners

have approached this Court. We do not deem it appropriate to exercise the writ jurisdiction of this Court to interfere in a matter, which is already

pending consideration before the civil court. The police cannot be involved in such a civil dispute. However, in case there is any law and order

issue and complaints of any cognizable offence is filed before the 3rd respondent, he shall take appropriate action in accordance with law, even

without there being any specific direction from this Court. With these observations, the writ petition is closed. No costs.