Kerala High Court
Mathew Baby vs State Of Kerala on 5 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 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 3800 OF 2024
PETITIONERS:
1 MATHEW BABY, AGED 67 YEARS, S/O MATHEW, CHETTUPARAMBU,
KOKKOTHAMANGALAM, VELLIYAKULAM, CHERTHALA,
THANEERMUKKOM, ALAPPUZHA, PIN - 688527
2 PENNAMMA, AGED 62 YEARS, W/O MATHEW BABY,
CHETTUPARAMBU, KOKKOTHAMANGALAM, VELLIYAKULAM,
CHERTHALA, THANEERMUKKOM, ALAPPUZHA, PIN - 688527
BY ADVS.
LAL K.JOSEPH
P.MURALEEDHARAN (THURAVOOR)
T.A.LUXY
SURESH SUKUMAR
ANZIL SALIM
SANJAY SELLEN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF
SECRETARY TO HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 THE DISTRICT COLLECTOR, ALAPPUZHA
COLLECTORATE, CIVIL STATION WARD, ALAPPUZHA - 688001
3 THE SUPERINTENDENT OF POLICE
MUKHAMPURAYIDOM, CIVIL STATION WARD, ALAPPUZHA - 688012
4 THE STATION HOUSE OFFICER
CHETHALA POLICE STATION, ALAPPUZHA, PIN - 688524
5 LENIN, MEMBER, KERALA HEAD LOAD WORKERS, INDIAN
NATIONAL TRADE UNION CONGRESS (INTUC), CHERTHALA,
ALAPPUZHA,, PIN - 688527
6 UTHAMAN, MEMBER, KERALA HEAD LOAD WORKERS, BHARATIYA
MAZDOOR SANGH (BMS), CHERTHALA, ALAPPUZHA - 688527
WP(C) NO. 3800 OF 2024
2
7 CHANDRAN, MEMBER, KERALA HEAD LOAD WORKERS, CENTRE
OF INDIAN TRADE UNION (CITU), CHERTHALA,
ALAPPUZHA,, PIN - 688527
8 KERALA HEAD LOAD WORKERS
INDIAN NATIONAL TRADE UNION CONGRESS (INTUC),
CHERTHALA, ALAPPUZHA, REPRESENTED BY ITS UNIT
SECRETARY,, PIN - 688527
9 KERALA HEAD LOAD WORKERS
BHARATIYA MAZDOOR SANGH (BMS), CHERTHALA,
ALAPPUZHA, REPRESENTED BY ITS UNIT SECRETARY-
688527
10 KERALA HEAD LOAD WORKERS
CENTRE OF INDIAN TRADE UNION (CITU), CHERTHALA,
ALAPPUZHA, REPRESENTED BY ITS UNIT SECRETARY -
688527
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 3800 OF 2024
3
JUDGMENT
The petitioners are stated to be husband and wife as also senior citizens; and assert that they are constructing a residential house for themselves, on the strength of all relevant permits and clearances issued by the Local Self Government Institutions and other competent Authorities. They allege that, however, respondents 5 to 7 - who are the members of various Trade Unions, are obstructing their construction, by criminally intimidating them and their employees with even injury and death, making certain usurious demands; and that, in furtherance thereof, they even demolished a portion of the construction carried on.
2. The petitioners contend that the party respondents have no right to intervene in the construction, particularly in view of the declarations of this Court in Shyam Sunder v. Circle Inspector of Police [2012 (3) KLT 698] and therefore, that they are entitled to be granted protection by the police, which, however, has been denied to them in spite of them having preferred Ext.P5 before the fourth respondent - Station House Officer. They, therefore, pray that the said Authority be directed to afford them and their workmen necessary protection for the purpose of completion of WP(C) NO. 3800 OF 2024 4 the construction.
3. The files reveal that service of summons from this Court has been validly completed on respondents 5 to 10. However, they are not present in person today, nor are they represented through counsel; inferentially guiding me to the impression that she has nothing to offer in opposition to the various reliefs sought for in this writ petition.
4. Sri.P.M.Shammer - learned Government Pleader, affirmed that the petitioners have all the licences and consents to undertake and complete construction and that respondents 5 to 10 cannot obstruct it, in view of the declarations in Shyam Sunder (supra). He added that, therefore, the police have summoned the party respondents and warned them adequately, resultant to which, there have been no law and order violations, nor any obstruction presently faced by the petitioners.
5. The afore submissions and undertaking of the learned Government Pleader certainly would be sufficient for the petitioners because, they only seek adequate protection by the police, which has now been offered to them.
In the afore circumstances, I allow this writ petition, WP(C) NO. 3800 OF 2024 5 recording the submissions and undertaking of the learned Government Pleader; with a consequential direction to the fourth respondent to ensure that law and order is maintained in the area where the petitioners are residing and that they and their employees are given adequate protection, when they complete the construction on the strength of all valid and necessary licences. It shall also be ensured on a continual basis that the party respondents do not take law into their own hands, or commit any action which is in breach of peace.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 3800 OF 2024 6 APPENDIX OF WP(C) 3800/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.701/12 DATED 14/03/2012 REGISTERED WITH CHERTHALA S.R.O. Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE NO.82041780 DATED 25/11/2023 ISSUED BY THE KOKKOTHAMANGALAM VILLAGE OFFICE IN FAVOUR OF THE 1STPETITIONER Exhibit P3 THE TRUE COPY OF THE RECEIPT DATED 28/12/2023 EVIDENCING PAYMENT OF PERMIT FEE FOR CONSTRUCTION OF BUILDING.
Exhibit P4 THE TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 29/12/2023 BEARING NO.SC 3-BA(435037)/2023 BOTH ISSUED BY THE THANNEERMUKKAM GRAMA PANCHAYATH IN FAVOUR OF THE 1ST PETITIONER Exhibit P5 THE TRUE COPY OF THE COMPLAINT DATED 21/01/2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P5(a) THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 21/01/2024 EVIDENCING THE RECEIPT OF EXT.P5