2025:KER:25644 WP(C) NO. 36472 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 36472 OF 2023 PETITIONER: MARY JOSEPH AGED 61 YEARS W/O JOSEPH, RESIDING AT POOVATHUMMOOTTIL HOUSE, VELLAYAMKUDI KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT-, PIN - 685515 BY ADVS. P.E.SAJAL AJAS K.S. RESPONDENTS: 1 DISTRICT POLICE CHIEF OFFICE OF DISTRICT POLICE OFFICE, IDUKKI TWP, KERALA-, PIN - 685603 2 STATION HOUSE OFFICER KATTAPPANA POLICE STATION, KATTAPPANA, IDUKKI-, PIN - 685508 3 SABU VARGHESE S/O VARGHESE, KANJIRAMTHANAM HOUSE KATTAPPANA SOUTH, IDUKKI-, PIN - 685515 BY ADVS. A.S. Shammy Raj A.S. K.RAJESH KANNAN(K/001134/2002) 2025:KER:25644 WP(C) NO. 36472 OF 2023 2 GOVERMENT PLEADER SMT. VIDYA KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25644 WP(C) NO. 36472 OF 2023 3 Dated this the 26th day of March, 2025 JUDGMENT The writ petition is filed to direct the respondents 1 and 2 to afford adequate police protection to the life of the petitioner from the threat of the 3rd respondent. 2. The petitioner owns a commercial building. The 3rd respondent and his wife are engaged in the business of travel agency. They had taken two rooms on lease from the petitioner. In July, 2023, several cases were registered against the 3rd respondent for cheating the general public. The 3rd respondent was remanded to judicial custody. After the expiry of the lease period, the petitioner has leased the rooms to other tenants. But, the 3rd respondent has trespassed into the building and attempted to take forceful possession of the rooms. The 2025:KER:25644 WP(C) NO. 36472 OF 2023 4 action of the 3rd respondent is illegal. Hence, the writ petition. 3. The 3rd respondent has filed a counter affidavit, denying the allegations in the writ petition. He has stated that, he has filed O.S.No.107/2023 before the Subordinate Judge, Kattappana, to restrain the petitioner from illegally evicting him from the rooms. Ext.R3(a) ad-interim order of injunction is passed in his favour. It is to circumvent the said order that the present writ petition is filed. Therefore, the writ petition may be dismissed. 4. Heard; the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 3rd respondent. 5. On a consideration of the facts and materials on record, it is evident that the question regarding the leasehold rights of the 3rd respondent is sub judice 2025:KER:25644 WP(C) NO. 36472 OF 2023 5 before the competent civil court, and an ad-interim order of injunction is passed, restraining the petitioner from forcefully evicting the 3rd respondent. 6. In Padmanabhan N v. State of Kerala (2024 KHC Online 7177), the Division Bench of this Court has held as follows: “6. Police protection cannot be asked for issues that fall within the jurisdiction of civil courts, particularly when it involves resolving private disputes between parties. It is well established in law that civil rights must be adjudicated by competent civil courts. The enforcement of civil court orders should be carried out in accordance with the procedures outlined in the Code of Civil Procedure, 1908, or any relevant statute that establishes the appropriate forums for such matters. xxx xxx xxx 8. Seeking and employing a police force cannot be a means to sidestep the need for dispute resolution in competent courts. Invariably, such directions are sought invoking Article 226 of the Constitution of India.” 7. On a consideration of the facts and materials on record, particularly that there are civil disputes pending between the parties, I am not inclined to exercise the discretionary jurisdiction of this Court under Article 226 2025:KER:25644 WP(C) NO. 36472 OF 2023 6 of the Constitution of India . Hence, the writ petition is dismissed, by reserving the right of the parties to raise all their contentions before the Civil Court. SD/- rmm26/3/2025 C.S.DIAS, JUDGE 2025:KER:25644 WP(C) NO. 36472 OF 2023 7 APPENDIX OF WP(C) 36472/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CRIME DETAILS AGAINST THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE RENTAL AGREEMENT DATED 04.09.2023 Exhibit P3 TRUE COPY OF THE ORDER OF THE HONORABLE COURT IN WP(C) 16611/2023 Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE TENANT AND HIS MOTHER DATED NIL Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 15.10.2023 BEFORE THE 2ND RESPONDENT Exhibit P6 INJUNCTION ORDER IN IA 1/2023 OF OS 362/2023 DATED 05.10.2023 RESPONDENT EXHIBITS EXHIBIT-R3(A) TRUE COPY OF THE INTERIM INJUNCTION ORDER OF THE SUB COURT, KATTAPPANA IN I.A. NO.1/2023 IN O.S. NO.107/2023 DATED 20.9.2023 EXHIBIT-R3(B) TRUE COPY OF THE COMMISSION REPORT IN I.A. NO.2/2023 IN O.S. NO.107/2023 ON THE FILE OF SUB COURT, KATTAPPANA DATED 20.10.2023