Ashok Menon, J. - (1.) The petitioner claims to be the Trustee and Manager of a school affiliated to the Central Board of Secondary Education (CBSE), namely "Bethlehem International Public School". Presently, the School has standards up to Vth, and the Management wants to upgrade the school up to standard VIII, for which representations were made to the CBSE. They insisted that there must be a compound wall around the boundary of the school property. In compliance with the said direction, construction of the compound wall was started. Respondents 4 to 6 obstructed the petitioner's workers insisting that they would not allow the compound wall to be constructed before the property is measured and the boundaries fixed. An application was filed before respondents 2 and 3 as Ext.P4 to measure the property in accordance with the survey records. When the second respondent reached the site and all arrangements were made to measure the property, respondents 4 to 6 obstructed without any valid reasons. The petitioner filed a complaint before the first respondent as per Ext.P6 to provide protection to his workers, since there was threat to the life of the petitioner and his workers. But no action has been taken so far. Hence, the work could not proceed. The petitioner was, therefore, constrained to file this Writ Petition seeking adequate and sufficient police protection to his life and property, so as to enable him to conduct survey of the property of the Bethlehem International Public School with the assistance of the second respondent-Surveyor and to complete the construction of the compound wall adjoining the private road leading to the School in compliance with the directions issued in Ext.P1, without any let or hindrance from respondents 4 to 6 or their henchmen.
(2.) We heard the learned Senior Government Pleader appearing for respondents 1 to 3 and the respective learned counsel appearing for the petitioner & the party respondents. Documents perused.
(3.) From the submissions made across the bar, it is adequately clear that there is a boundary dispute between the school management and the party respondents, which needs to be resolved. It is also stated by the learned counsel appearing for the party respondents that a suit has been filed by them for resolving the dispute. It is also submitted by the learned counsel appearing for the party respondents that they will not be causing any obstruction in the 2nd respondent completing measurement of the property, in accordance with the survey records. They are only concerned with the construction of the compound wall. The submission is recorded. Whether the petitioner has right to construct the compound wall at the place intended is a subject matter to be adjudicated and determined by a Civil Court of competent jurisdiction. We do not deem it appropriate to involve the Police authorities in permitting the school management to construct the compound wall. However, the Police authorities are directed to render sufficient protection to the second respondent in completing measurement of the property, in accordance with the survey records. Any complaint made by the petitioner to the first respondent revealing a cognizable offence shall be acted upon, in accordance with law. The dispute regarding the right over the property and fixation of boundaries on the basis of survey records is left open to be determined by a Civil Court of competent jurisdiction. With these observations, this Writ Petition is disposed of. No costs. Order accordingly.;