Police Cannot Decide Disputes Regarding Encroachment On Private Properties: Kerala High Court
The Kerala High Court observed that the police have no authority to decide the dispute regarding encroachment on private properties and to direct the parties to remove the encroachment.
The Court clarified that resolving civil disputes was a matter absolutely within the realm of civil courts, wherein the police can only intervene if the law-and-order situation demands the same. “It is not the job of the cops to meddle with or adjudicate civil disputes,” the Bench remarked.
A Single Bench of Justice Kauser Edappagath observed, “No doubt, the police can investigate the allegations in a complaint which discloses a criminal offence, 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. They are bound to relegate the parties to resolve the civil dispute through a competent civil court or duly constituted ADR Forum.”
Advocate P. Muraleedharan (Thuravoor) appeared for the petitioner, while Advocate Sajith Kumar V. represented the respondents.
The petitioner was assailing the communication by a Station House Officer (police) which directed the petitioner to remove an alleged encroachment.
The petition assailed the communication by a station house officer (police) following a complaint of encroachment filed by the petitioner's sister (respondent). The petitioner was challenged the communication by the police which directed the petitioner to remove the alleged encroachment.
The petitioner argued that all the proceedings pursuant to the communication were liable to be quashed since the dispute between the petitioner and the respondent was a civil dispute which must be adjudicated by a competent civil court.
The High Court noted that the police had virtually assumed the role of a civil court, adjudicated the title dispute between the petitioner and the respondent, found that the petitioner had encroached on a portion of the property of the respondent and directed him to remove the encroachment.
“The police have no authority to decide the dispute regarding encroachment on private properties and to direct the parties to remove the encroachment,” the Court observed.
The Court clarified that neither the BNSS nor the Police Act or any other law governing the powers and duties of the police conferred the police with the power to adjudicate the disputed question relating to title, possession, boundary, encroachment, etc.
Consequently, the Court quashed the communication by the police to remove the encroachment.
Accordingly, the High Court allowed the petition.
Cause Title: Ibrahim v. The Administrator & Ors. (Neutral Citation: 2024:KER:64095)
Appearance:
Petitioner: Advocates P. Muraleedharan (Thuravoor), T.A. Luxy, Koya Arafa Mirage, Suresh Sukumar, Anzil Salim and Sanjay Sellen
Respondents: Advocates Sajith Kumar V., A.B. Jaleel and A.J. Shaheer