PRASANNAKUMARI AMMA Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioners mother and daughter, have come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 and 2 to afford police protection to them against illegal, wanton and culpable conduct of respondents 3 and 4.

(2.) ACCORDING to the petitioners, they own 50 cents of land. That property was allegedly allotted to them in a partition entered into in the family. The wife of the 3rd respondent one Jayasree is related to the petitioners. She has property on the northern side of the property of the petitioners. ACCORDING to the petitioners, there is a pathway through the property on the north to reach the main road. That property is being illegally blocked by the said Jayasree. The 3rd respondent is the husband of the said Jayasree and the 4th respondent is a friend of the 3rd respondent. The petitioners complain that respondents 3 and 4 are indulging in contumacious, violent and culpable conduct against the petitioners consequent to the dispute regarding the pathway between the petitioners and the said Jayasree.

(3.) MAINTENANCE of law and order and the prevention of crimes is the duty of the police. No specific directions are necessary under Art.226 of the Constitution by this Court to the police to maintain law andorder. Where exceptional circumstances are shown to exist, powers under Art.226 of the Constitution are invoked to issue such directions. In the instant case, we find absolutely no need to issue any such direction. We accept the submission of the learned Government Pleader that the police shall not intervene in the civil dispute between the parties. We accept the submission of the learned Government Pleader that if there is any commission of crime or threat to the law and order situation, police shall take necessary action in the matter.