REETHAMMA W/OTHOMAS CHAKYATH HOUSE ATTUPURAM ARIYOOR P O Vs. SUB INSPECTOR OF POLICE CHENGAMANAD ERNAKULAM DISTRICT

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner as well as the learned Government Pleader.

(2.) ACCORDING to the petitioner, the second respondent is interfering with the construction of a compound wall though the suit filed by the second respondent restraining the petitioner to complete the wall was dismissed and the same came to be confirmed in appeal filed by the second respondent. It was open to the petitioner to seek relief against the second respondent, if he interferes with her right, in the very suit filed by the second respondent. However, this is not done. If the second respondent is interfering with the construction work, i.e., interfering with the lawful enjoyment of the property by the petitioner, then the recourse open to him is to approach the Civil Court seeking proper relief. In the absence of any order in favour of the petitioner, unless there is law and order breakdown, the police should not interfere in the civil disputes pertaining to the property in question. It is needless to say, the police shall look into the complaint lodged by the petitioner and take action in the light of the above observations. With these observations, the writ petition is disposed of.