Kerala High Court
Azad P.H vs State Of Kerala on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 14848 OF 2024
PETITIONERS:
1 AZAD P.H, AGED 55 YEARS, S/O A.M HAMEED RAWTHER,
PARAYIL HOUSE, THELLAKOM P.O, KOTTAYAM, PIN - 686630
2 P.H BABU ANSARI, AGED 62 YEARS, S/O A.M HAMEED RAWTHER,
PARAYIL HOUSE, THELLAKOM P.O, KOTTAYAM, PIN - 686630
BY ADVS.
ARUN KRISHNA DHAN
T.K.SANDEEP
ARJUN SREEDHAR
ALEX ABRAHAM
HARIKRISHNAN P.B.
SWETHA R.
GOWRI MENON
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATION HOUSE OFFICER, EAST POLICE STATION,
KOTTYAM, PIN - 686002
3 DISTRICT POLICE CHIEF, OFFICE OF DISTRICT
POLICE CHIEF, KOTTAYAM, PIN - 686002
4 TONY THOMAS, S/O M.A THOMAS, THADATHILPARAMBIL
HOUSE, ML ROAD, KOTTAYAM, PIN - 686001
BY ADVS.
SRI.SURIN GEORGE IPE - R4
SRI.P.M.SHAMEER - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 14848/24
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JUDGMENT
The petitioners say that they are constructing a building, on the strength of all necessary consents and licenses and that they have also obtained necessary permissions from the Revenue Divisional Officer, under the provisions of Clause 6 of the Kerala Land Utilisation Order, for such purpose. They have produced Exts.P1 to P18 in substantiation of this; but allege that the 4 th respondent, along with his men, have trespassed into the property, making untenable demands and threatened their workers that if they continue their work, they would be done away with. They say that the 4th respondent and his men have hoisted certain flags in this property and substantiate this through Ext.P19 photographs.
2. The petitioners submit that, therefore, they have preferred Ext.P20 representation before the 2nd respondent - Station House Officer, seeking protection, but that, he has taken no action at all until now; thus constraining them to approach this Court through this Writ Petition.
3. Sri.Surin George Ipe - learned counsel for the 4th WPC 14848/24 3 respondent, controverted the afore submissions of Sri.Arun Krishna Dhan - learned counsel for the petitioners, saying that his client or his men have never trespassed into the property, nor have they caused any obstruction to the construction; but that they are only engaged in a peaceful protest because their right to do the loading and unloading work has been unfairly denied by the petitioners. He submitted that his client intends to initiate appropriate legal remedies for this purpose and thus prayed that this Writ Petition be dismissed; however, asserting that the attempt of the petitioners is only to prejudice their contentions in such course. He added that, in fact, the construction being carried on by the petitioners is in a totally different property, than what has been mentioned in the Permits; and that the said Permits have been renewed illegally and beyond time.
4. Sri.P.M.Shameer - learned Government Pleader, submitted that the 2nd respondent has already taken action to maintain law and order in the area; and hence, that the petitioners and their workmen face no intimidation or threat from any person, WPC 14848/24 4 including the 4th respondent, as of now.
5. When I evaluate and consider the afore submissions, it is evident that, even if the 4th respondent and his men have any right to engage in the loading and unloading activities, they can assert it only through legal means and not by taking law into their own hands.
In the afore circumstances, recording the afore undertaking of the learned Government Pleader, I allow this Writ Petition; with a consequential direction to the 2nd respondent - Station House Officer, to ensure that the petitioners and their workmen are not put to any prejudice or intimidation from any person, including the 4th respondent and his men; and that they are allowed to continue with the work, based on requisite consents and permissions.
Needless to say, if the 4th respondent has any right to claim the loading and unloading activities, all such are left open to be impelled by him before the competent Authority/Forum; for which purpose, all contentions in that regard are left open.
The 2nd respondent will also ensure that law and order is WPC 14848/24 5 maintained in the area without any breach of peace being committed by any person and I further direct the 3 rd respondent - District Police Chief to oversee that these directions are implicitly complied with.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 14848/24
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APPENDIX OF WP(C) 14848/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
05/04/2024 IN RESPECT OF RE SY NO. 117, 106, 54, 53 & 105 Exhibit P2 TRUE COPY OF ORDER DATED 27-11-2020 ISSUED UNDER KLU ALONG WITH THE REVISED BTR Exhibit P3 TRUE COPY OF THE LAND DEVELOPMENT PERMIT DATED 23/05/2019 IN RE SY NO. 105, 106, 48/1, 53 AND 54 Exhibit P4 TRUE COPY OF THE ORDER DATED 06/07/2022 EXTENDING THE DEVELOPMENT PERMIT TILL 12/05/2025 Exhibit P5 A TRUE COPY OF THE BUILDING PERMIT DATED 18/11/2015 Exhibit P6 TRUE COPY OF THE LATEST ORDER OF EXTENSION VIDE ORDER DATED 23/12/2021 EXTENDING THE BUILDING PERMIT TILL 18/11/2025 Exhibit P7 TRUE COPY OF THE LAND TAX RECEIPT DATED 05/04/2024 IN RESPECT OF RE SY NO. 122, 51 Exhibit P8 TRUE COPY OF ORDER DATED 07-03-2022 ISSUED UNDER KLU ALONG WITH THE REVISED BTR Exhibit P9 TRUE COPY OF THE LAND DEVELOPMENT PERMIT DATED 23/05/2019 IN RE SY NO. 51 Exhibit P10 TRUE COPY OF THE ORDER DATED 06/07/2022 EXTENDING THE DEVELOPMENT PERMIT TILL 12/05/2025 Exhibit P11 TRUE COPY OF THE BUILDING PERMIT DATED 18/11/2015 IN RE SY NO. 5 Exhibit P12 TRUE COPY OF THE LATEST ORDER OF EXTENSION VIDE ORDER DATED 23/12/2021 EXTENDING THE BUILDING PERMIT TILL 23/11/2025 Exhibit P13 TRUE COPY OF THE LAND TAX RECEIPT DATED 05/04/2024 IN RESPECT OF RE SY NO. 87, 86 Exhibit P14 TRUE COPY OF ORDER DATED 09-03-2021 ISSUED UNDER KLU ALONG WITH THE REVISED BTR Exhibit P15 TRUE COPY OF THE LAND DEVELOPMENT PERMIT WPC 14848/24 7 DATED 23/05/2019 IN RE SY NO. 86, 87 Exhibit P16 TRUE COPY OF THE ORDER DATED 06/07/2022 EXTENDING THE DEVELOPMENT PERMIT TILL 12/05/2025 Exhibit P17 A TRUE COPY OF THE BUILDING PERMIT DATED 18/11/2015 IN RE SY NO. 86, 87 Exhibit P18 TRUE COPY OF THE LATEST ORDER OF EXTENSION VIDE ORDER DATED 23/12/2021 EXTENDING THE BUILDING PERMIT TILL 18/11/2025 Exhibit P18(a) TRUE COPY OF THE SKETCH DATED NIL PREPARED BY THE PETITIONERS SHOWING THE LAYOUT OF THE PROPOSED BUILDINGS FOR WHICH PERMITS HAVE BEEN OBTAINED FOR THE PETITIONER'S PROPERTY Exhibit P19 TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER'S PROPERTY Exhibit P20 TRUE COPY OF THE REPRESENTATION FOR POLICE PROTECTION SUBMITTED BY THE PETITIONER DATED 05-04-2024