Where lawful possession based on valid title deeds is disrupted police protection must be granted
Kerala High Court Grants Police Protection to Sree Gokulam Chit and Finance for Disputed Property. School Authorities Fail to Establish Ownership, Allowing Petitioner to Utilize Land
In a significant judgment, the Kerala High Court has directed the District Superintendent of Police, Palakkad, to provide police protection to Sree Gokulam Chit and Finance Co. (P) Ltd., enabling the company to enjoy and effectively use their property without obstruction. The ruling came as the opposing parties, including local school authorities, failed to establish ownership or possessory rights over the disputed land.
The judgment, delivered by Mr. N. Nagaresh, J., addresses two writ petitions: WP(C) No. 32937 of 2023 filed by Sree Gokulam Chit and Finance Co. seeking police protection for their property, and WP(C) No. 24269 of 2024 filed by a petitioner whose daughter attends CA Higher Secondary School, asserting that the land serves as a school playground.
The court noted that Sree Gokulam Chit and Finance Co. holds valid title deeds for the 2.1583 acres of land, paying land tax since 2010. Despite claims from the school and local residents that the land has been used as a school playground since 1941, neither the school authorities nor the contesting respondents could produce evidence of ownership or permission for alienation of the property as required under the Kerala Education Act, 1958.
The petitioner-company purchased the land through a registered assignment deed and has been maintaining possession and paying taxes since 2010. Previous legal actions taken by the petitioner resulted in favorable judgments, reinforcing their claim to the land. The court emphasized that lawful possession based on valid title deeds should not be disrupted by individuals without possessory rights, necessitating police protection to safeguard the rights of the rightful owner.
The court dismissed the claims of the school authorities, who failed to present any title documents proving ownership of the property. The judgment underscored that the mere usage of the land for school sports meets does not establish ownership or prevent the petitioner from utilizing the land.
Consequently, the court ruled in favor of Sree Gokulam Chit and Finance Co., granting police protection against obstruction from respondents and individuals they represent. The judgment dismissed the petition filed by the school-related party, reinforcing the importance of valid title deeds in establishing property ownership.
Bottom Line:
Police protection granted to petitioner-company for enjoyment of disputed property based on valid title deeds, as opposing parties failed to establish ownership or possessory rights over the property.
Statutory provision(s): Kerala Education Act, 1958 Sections 2(9) and 6
