In a significant ruling, the Kerala High Court has held that the police have no authority to intervene in civil disputes concerning property matters. The court quashed two notices issued by the Lakshadweep Administration, which directed a resident to remove an alleged encroachment, stating that such matters fall strictly within the domain of civil courts. The judgment underscores the clear demarcation between the roles of law enforcement and the judiciary in handling civil disputes.
Background of the Case:
The writ petition WP(C) No. 9723 of 2024 was filed by Ibrahim, a 53-year-old resident of Kadamath Island in the Union Territory of Lakshadweep, challenging the legality of two communications issued by the Lakshadweep Administration. These were Ext. P5, a notice from the Station House Officer (SHO) of Kadamath Police Station, directing him to remove an alleged encroachment on his property, and Ext. P6, a subsequent directive by the Sub Divisional Officer to the SHO to initiate action regarding the encroachment.
The petitioner claimed ownership and possession of 355 square meters of land (Sy No. 118/3) on which he constructed his house and a boundary wall, having obtained necessary permissions from the Lakshadweep Administration. However, a complaint was filed by Shareefabi, the fourth respondent, alleging that Ibrahim had encroached on 70 square meters of her adjoining land. Following this, the SHO of Kadamath Police Station issued Ext. P5, instructing the petitioner to remove the encroachment.
Legal Issues Involved:
The key legal issue before the Kerala High Court was whether the police have the authority to adjudicate matters concerning civil disputes, particularly in cases involving property encroachment. The petitioner’s counsel, Sri. Lal K. Joseph, argued that the dispute was civil in nature and should be adjudicated by a competent civil court. He contended that the police’s involvement and the directives issued were without authority.
Conversely, the counsel for the respondents, including Sri. V. Sajith Kumar for the Lakshadweep Administration and Sri. A. B. Jaleel for the fourth respondent, defended the police action, arguing that it was necessary to prevent criminal trespass.
Court’s Decision and Observations:
The Justice Kauser Edappagath, presiding over the case, quashed Exts. P5 and P6, ruling that the police had overstepped their authority by interfering in what was essentially a civil dispute. The court emphasized that “it is not the job of the police to meddle with or adjudicate civil disputes.” The judge pointed out that the resolution of such disputes lies exclusively within the jurisdiction of civil courts, and the police can only intervene if there is a law-and-order situation.
Justice Edappagath further observed:
“Neither Cr.P.C/BNSS nor the Police Act nor any other law governing the powers and duties of police confers the police the power to adjudicate the disputed question relating to title, possession, boundary, encroachment, etc. No doubt, the police can investigate the allegations in a complaint which discloses a criminal offense, but they do not have the power and authority to act as a civil court to adjudicate the civil dispute set out in the complaint.”
The court concluded that the SHO, in issuing the notice and directing the petitioner to remove the alleged encroachment, had “virtually assumed the role of a civil court” without any legal authority to do so. Since there was no law-and-order problem involved, the police’s actions were deemed unsustainable and beyond their jurisdiction. Consequently, the court allowed the writ petition and quashed the impugned communications.
Case Details
Case Number: WP(C) No. 9723 of 2024
– Bench: Bench Justice Kauser Edappagath
– Petitioner’s Counsel: Sri. Lal K. Joseph
– Respondents’ Counsel: Sri. V. Sajith Kumar (for Lakshadweep Administration), Sri. A. B. Jaleel (for the fourth respondent, Shareefabi)
– Petitioner: Ibrahim, aged 53, resident of Kadamath Island, Union Territory of Lakshadweep.
– Respondents:
1. The Administrator, Union Territory of Lakshadweep.
2. The Sub Divisional Officer, Block Development Officer, Kadamath Island.
3. The Station House Officer, Kadamath Police Station, Kadamath Island.
4. Shareefabi, resident of Kadamath Island, Union Territory of Lakshadweep.
