Police cannot adjudicate disputed civil access rights; claimants must approach the civil court.

The petitioner claimed ownership of commercial property in Kokkada Village and alleged that auto-rickshaws parked in front of the property obstructed access.

The Gram Panchayat had passed a resolution permitting an extension of the auto-rickshaw stand, but a Coordinate Bench stayed that resolution in separate proceedings.

The petitioner complained to the police and challenged police endorsements dated 18 and 20 July 2025, seeking police protection and access to the property.

The Court noted that the alleged obstruction and nuisance raised disputed questions of fact.

Whether the Court could, in proceedings under Article 226, determine the petitioner’s disputed claim that auto-rickshaw drivers obstructed access to the property or direct police to enforce the petitioner’s alleged civil rights.

Whether the police were required to consider a specific complaint alleging continuing obstruction or nuisance and act if it disclosed a cognizable offence.

Article 226 is not the forum for adjudicating disputed questions of fact concerning alleged obstruction of access or for directing police to determine or enforce asserted civil rights.

Such claims must be pursued before the competent Civil Court.

Separately, the jurisdictional police have a statutory obligation to maintain law and order and must act in accordance with law where a complaint discloses a cognizable offence.

The Court treated the alleged obstruction of ingress and egress, and the nuisance attributed to auto-rickshaw drivers, as disputed factual matters unsuitable for resolution in writ proceedings.

It therefore declined to direct the police to determine or enforce the petitioner’s alleged civil rights, leaving those claims to be pursued before the competent Civil Court.

However, the Court distinguished that civil dispute from the police’s independent duty to respond lawfully to a complaint disclosing a cognizable offence.

It observed that the petitioner could lodge a specific complaint identifying any continuing nuisance or obstruction, which the jurisdictional police must consider and act upon in accordance with law.