Facts of the Case

The petitioner, Basheer K.P., Managing Partner of Arena Granites, was operating a metal crusher unit after obtaining all the necessary statutory permissions, including registration, environmental consent, GST registration, development permit, and other approvals. The petitioner alleged that private respondents had illegally blocked the road leading to his crusher unit, preventing movement of vehicles and affecting business operations.

The petitioner approached the police authorities seeking protection against the obstruction and requested police assistance to ensure free access through the road. Since no effective action was taken on his representation, he filed the writ petition before the Kerala High Court seeking police protection and a direction to consider his representation.

Issues Involved

  1. Whether the petitioner was entitled to police protection for using the disputed road.
  2. Whether the High Court could grant police protection when the very nature and ownership of the road were disputed.
  3. Whether disputed civil rights regarding access to property could be decided in a writ petition seeking police protection.

Petitioner's Arguments

  • The petitioner submitted that his metal crusher unit was functioning with all valid statutory permissions.
  • The respondents had unlawfully blocked the road leading to the crusher unit.
  • Despite repeated complaints, the police authorities failed to provide adequate protection.
  • The petitioner sought directions for police protection to safeguard his life, property, workers, and unhindered transportation of vehicles to the industrial unit.

Respondent's Arguments

  • The private respondents contended that the disputed road was not a public road.
  • It was submitted that a civil suit concerning the road was already pending before the competent civil court and an order of status quo had been passed.
  • The Payam Grama Panchayat also informed the Court that the road was neither a Panchayat road nor a public road.
  • The Government Pleader submitted that the police had conducted an enquiry and found that the road was not a public road, and therefore no further police action was taken.

Court Order / Findings

The Kerala High Court held that the principal dispute related to the nature of the road and the petitioner's legal right to use it. Such disputed civil rights could not be adjudicated in proceedings seeking police protection.

The Court observed that until the competent forum determines whether the road is public or private and whether the petitioner possesses a legal right of access, no direction for police protection could be granted.

Accordingly, the writ petition was dismissed, while clarifying that all rights and contentions of the parties remained open to be adjudicated before the appropriate forum in accordance with law.

Important Clarification

  • Police protection cannot be granted where the petition itself depends upon deciding disputed civil rights.
  • When ownership or nature of a road is under dispute, the parties must first obtain an adjudication from the competent civil court.
  • A writ court exercising jurisdiction cannot determine disputed questions of title or easement merely for granting police protection.
  • Dismissal of the writ petition does not affect the parties' rights to pursue appropriate civil remedies.

Sections / Constitutional Provisions Involved

  • Article 226 of the Constitution of India
  • Principles governing grant of Police Protection in Writ Jurisdiction
  • Principles relating to disputed civil rights and access over property

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1785310309_2188compressed.pdf

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