IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO.11317 OF 2022
PETITIONER :-
PHILIP. P.OOMMEN, AGED 62 YEARS
S/O.OOMMEN, PARUTHIKATTIL PARAYIL HOUSE,
THUKALASSERY MURI, THIRUVALLA VILLAGE,
THIRUVALLA TALUK, PIN - 689 115.
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
RISHIKESH HARIDAS
RESPONDENTS :-
1 STATE OF KERALA REPRESENTED BY SECRETARY,
DEPARTMENT OF HOME, GROUND FLOOR,
MAIN BLOCK STATE SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR GENERAL OF POLICE AND THE STATE POLICE
CHIEF, KERALA STATE POLICE HEAD QUARTERS,
VAZHUTHACAUD P.O, THIRUVANANTHAPURAM, PIN-695 001.
3 THE DISTRICT POLICE CHIEF PATHANAMTHITTA,
OFFICE OF THE DISTRICT POLICE CHIEF,
PATHANAMTHITTA P.O, PIN - 689 645.
4 THE DEPUTY SUPERINTENDENT OF POLICE,
THIRUVALLA SUB DIVISION, OFFICE OF THE
DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA P.O, PIN
- 689 101.
5 STATION HOUSE OFFICER,
THIRUVALLA POLICE STATION, THIRUVALLA, PIN-689 101.
6 P.K. VENU,
PARAYIL HOUSE, THUKALASSERY MURI,
THIRUVALLA VILLAGE, THIRUVALLA TALUK, PIN-689 115.
WP(C) NO.11317 OF 2022
-: 2 :-
7 M.G. RAGHU,
S/O. GOPI, PARAYIL HOUSE, THUKALASSERY MURI,
THIRUVALLA VILLAGE, THIRUVALLA TALUK, PIN-689 115.
8 SUNIL GEORGE,
S/O. KUTTAYI, PARAYIL HOUSE, THUKALASSERY MURI,
THIRUVALLA VILLAGE, THIRUVALLA TALUK, PIN-689 115.
BY ADVS.
T.P.PRADEEP
P.K.SATHEES KUMAR
MINIKUMARY M.V.
R.K.PRASANTH
BY SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.11317 OF 2022
-: 3 :-
JUDGMENT
Dated this the 14th day of June, 2022 This writ petition is filed seeking directions to respondents 2 to 5 to render adequate, effective and meaningful protection to the life and properties of the petitioner, his family members and his workers to remove silt from the pond situated in the properties covered by Exts.P1 and P2 and protect it with bund and walls and conduct fish farming/pisciculture without any obstruction from respondents 6 to 8.
2. The learned counsel for the petitioner submits that the petitioner is the absolute owner in possession of the property where a pond is situated and that respondents 6 to 8 are obstructing the lawful use and enjoyment of the property by the petitioner.
3. A counter affidavit has been placed on record by respondents 6 to 8. It is contended that there is a pond in the petitioner's property which, according to the respondents, in existence for more than 60 years. It is submitted that the petitioner is attempting to reclaim the pond by filling it with WP(C) NO.11317 OF 2022 -: 4 :- soil and waste. It is contended that the respondents have preferred a suit before the Thiruvalla Munsiff Court, which is numbered as O.S.No.119/2022 for a declaration of easement right over the above pond and the same is pending consideration. It is submitted that an Advocate Commissioner was appointed and the matter is being examined by the competent civil court. It is submitted that it is only to defeat the rights of respondents 6 to 8 that the petitioner had approached this Court seeking police protection.
4. Having considered the contentions advanced, I am of the opinion that since a suit has been filed seeking declaration of an easementary right, the matters raised in the said suit are not liable to be considered by this Court. However, it is also clear that the petitioner's right over the property is not disputed even by respondents 6 to 8.
In the above view of the matter, this writ petition is disposed of with a direction that the issues raised with regard to the easementary right will be considered and decided in the appropriate civil proceedings. However, if the petitioner is carrying out permitted activity in the premises without filling WP(C) NO.11317 OF 2022 -: 5 :- up the pond in any way and if any obstruction is caused by respondents 6 to 8, the petitioner may approach the Station House Officer, who shall afford adequate protection for the lawful activities in the petitioner's premises.
Sd/-
ANU SIVARAMAN JUDGE Jvt/14.6.2022 WP(C) NO.11317 OF 2022 -: 6 :- APPENDIX OF WP(C) 11317/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO. 2415/2002 OF THIRUVALLA SRO DATED 17.10.2022.
Exhibit P2 TRUE COPY OF PETITIONER'S LAND TAX RECEIPT OF KUTTAPPUZHA VILLAGE DATED 07.07.2021. Exhibit P3 THE RDO CLARIFIED THAT NO SUCH PERMISSION IS REQUIRED FOR FISH FARMING. TRUE COPY OF THE ORDER OF RDO, THIRUVALLA, DATED 08.04.2021. Exhibit P4 TRUE COPY OF THE REPRESENTATION FILED BEFORE 4TH RESPONDENT DATED 26.03.2022.
Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BEFORE 5TH RESPONDENT DATED 26.03.2022.
Exhibit P6 TRUE COPY OF THE PLAINT IN O.S. NO. 119/2022 BEFORE THE MUNSIFF COURT, THIRUVALLA DATED 19.03.2022. Exhibit P7 TRUE COPY OF THE INJUNCTION APPLICATION IN O.S. NO.
119/2022 BEFORE THE MUNSIFF COURT, THIRUVALLA DATED 19.03.2022.
RESPONDENT EXHIBITS Exhibit R6(A) TRUE COPY OF THE SUIT NAMELY IN O.S. 119/222 ON THE FILES OF THE MUNSIFF COURT, THIRUVALLA Exhibit R6(B) TRUE COPY OF THE REPRESENTATION BEFORE THE R.D.O, THIRUVALLA DATED 03/03/2022 Exhibit R6(C) TRUE COPY OF THE REPRESENTATION PREFERRED BEFORE THE DISTRICT COLLECTOR, PATHANAMTHITTAA DATED 03/03/2022 Exhibit R6(D) PHOTO SHOWING NATURAL FLOW FROM THE DISPUTED POND