Subaida vs District Police Chief

Sathish Ninan, J

The relief claimed in the writ petition reads thus:-

“Issue a writ of Mandamus or any other writ or direction directing the respondents 1 to 3 to give necessary and adequate protection to the petitioner for using the way and to enter into her property based on the delivery account Ext.P4, in E.P. No.124/2009 in O.S. 50/2001 before the Munsiff Court, Tirur, having 10 cents, in Resurvey No.72/2 of Vettom village, Malappuram District from any obstruction from the respondents 5 and 6 and to complete the construction of the compound wall as per Ext.P4 delivery account.”

The petitioner obtained title and possession over the property having an extent of 10 cents in RS 72/2 of Vettom Village in execution of the decree in OS 50/2001 of the Munsiff's Court, Tirur. The petitioner alleges obstruction to the enjoyment of the property by respondents 5 and 6.

I have heard learned counsel on either side and perused the rival pleadings.

The petitioner had earlier approached this Court in W.P.(C) No.3833/2021 seeking police protection in relation to the property. As per judgment dated 09.06.2023, the writ petition was ordered with the following directions:-

“In the facts of the case, the writ petition is allowed. Respondents 1 to 3 are directed to give sufficient protection to the petitioner to enter into and enjoy the property delivered to the petitioner as per Ext.P4 delivery account. This police protection order will be without prejudice to the right of the 6th respondent to prosecute the IA filed by the petitioner in the Civil Court.”

The 5th respondent herein took up the judgment in Writ Appeal No.1423 of 2023. The Division Bench modified the judgment, limiting the grant of police protection for measuring the property covered by Ext.P4 delivery account. The right of the petitioner to approach this Court for further reliefs if any warranted, was left open. It is thereafter that the petitioner has approached this Court with this writ petition.

The respondents would contend that they have filed a suit against the petitioner herein and others before the Munsiff's Court, Tirur, as O.S. 65/2022 wherein a portion of the property claimed by the petitioner is the subject matter and also that there is an order of injunction in force in that suit since 16.03.2022. Copy of the plaint was produced along with the counter affidavit as Ext.R4(b) and the interim injunction order as Ext.R5(a).

The learned counsel for the petitioner would contend that the said suit and the order of injunction does not relate to this property, and at any rate it cannot relate to the property, it having been delivered over to the petitioner in execution of the decree obtained by her.

There is no material before this Court to find whether the suit O.S. 65/2022 and the order of injunction passed by the Munsiff's Court relate to the property which was delivered over to the petitioner in execution of the decree obtained by her in O.S. 65/2022. It is for the petitioner to seek for appropriate orders from the said Court in the said regard. The order of injunction is still in force. Delivery was effected in the year 2012. Grant of an order for police protection is not called for under the above circumstances.

Accordingly, the writ petition is dismissed, but without prejudice to the rights of the petitioner.