SIVAN & ANR vs SUB INSPECTOR OF POLICE & ORS

The 1st petitioner claims to be an Ex-serviceman and the 2nd petitioner is his son. It is stated that consequent to his retirement from service in

1985, and from CEPZ, Kakkanad in 2010, the petitioners are residing in the house of the 2nd petitioner, who is working at Vennala. The 1st

petitioner got some land assigned to him as per Ext.P3 and effected mutation as per Ext.P4. Respondents 4 to 14 are his neighbours. 4th

respondent is an Ex-Panchayat Member and all others are local CPM leaders, wielding considerable political clout. It is stated that the 4th

respondent encroached into a portion of petitioner''s property and constructed a building, misusing his position as an Ex-Panchayat Member. The

other respondents belonging to local CPM party, also encroached into petitioners'' property and constructed a shed. The petitioners attempted to

construct a compound wall to secure their property, the wall was demolished by the party respondents. A complaint was lodged before the 1st

respondent and Ext.P5 FIR was registered. In order to wreak vengeance, the party respondents caused damage to the residential house of the

petitioners and also intimidated them. They are also holding out threat to the life and property of the petitioners and family. The petitioners have

filed an application before the Village Officer and Taluk Officer to get the property measured and boundary identified. Ext.P6 is the sketch of the

property prepared by the Taluk Surveyor. Petitioners have gathered information from the Grama Panchayat as per Exts.P7 and P8, which would

clearly indicate that the 4th respondent has no property. However, due to political clout of the 4th respondent, the petitioners are not getting any

relief. On 04-09-2017, the 12th respondent waylaid the 1st petitioner at Pallippadi Junction and threatened to kill him. Ext.P9 is the complaint filed

before the 1st respondent, but no action has been initiated so far. Consequently, Ext.P10 complaint was filed before the 3rd respondent, in vain.

Left with no other option, the petitioners have approached this Court seeking specific direction to respondents 1 to 3 to give sufficient and

adequate protection to their life and property.

Notice was issued to the party respondents and on their appearance, the matter was referred for mediation. However, no settlement was

arrived at.

We heard the learned Senior Government Pleader and the Counsel appearing for the petitioners and the party respondents. Documents

perused.

The specific case of the petitioners is that the 1st petitioner has certain extent of land, which has been trespassed and encroached upon by the

party respondents. The only option that is available to the petitioners is to approach the civil court of competent jurisdiction to get the encroachers

evicted and for an injunction to prevent trespass. Without resorting to that legal and efficacious alternate remedy available to the petitioners, they

have approached this Court under Article 226 of the Constitution of India seeking protection. Police force cannot be engaged to resolve a civil

dispute, which has to be determined only by a civil court. Hence, we do not deem it necessary to issue any positive direction to respondents 1 to

However, in case, there is any law and order issue or complaint regarding any cognizable offence filed by the petitioners, the respondents 1 to 3

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.