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Kerala High Court
Dany Jose vs The District Police Chief on 21 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 36464 OF 2023
PETITIONERS:
1 DANY JOSE, AGED 32 YEARS, S/O. JOSE,
PUNNAIKKAL KILUKKAN HOUSE, MANJAPRA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
2 VARGHESE ANTHONY KARINGEN, AGED 65 YEARS,
S/O. ANTHONY KARINGEN, KARINGEN HOUSE,
MANJAPRA P.O., ERNAKULAM DISTRICT, PIN - 683581.
BY ADVS.
PAUL K.VARGHESE
A.A.GEETHA
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF,
ALUVA RURAL, ALUVA,
ERNAKULAM DISTRICT, PIN - 683101.
2 THE STATION HOUSE OFFICER,
AYYAMPUZHA POLICE STATION, AYYAMPUZHA,
KALADY, PIN - 683581.
3 CHERIYAN ITTIRA, S/O. ITTIRA, PALATTY HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
4 AKIL PAUL, S/O. PAUL, PALATTY HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
5 DINESH, S/O. THAKAPPAN, CHENGANATTU HOUE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
6 VIDHYASAGAR, S/O. THAKAPPAN, CHENGANATTU HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
7 BENNY, S/O. DEVASIKUTTY, KOIKKARA HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
WP(C) NO. 36464 OF 2023
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ERNAKULAM DISTRICT, PIN - 683581.
8 DEVASSIKUTTY, S/O. OUSEPH, KOIKKARA HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
9 ARYAN KURIAN, S/O. KURIYAN, PALATTY HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
10 STEPHEN ITTIRA, S/O. ITTIRA, PALATTY HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
11 TONY STEPHEN, S/O. STEPHEN, PALATTY HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
12 PAULOSE RAPPAY, S/O. RAPPAY, ALUKKA HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
13 CHAKKU OUSEPH, S/O. OUSEPH.
PAROKKARAN HOUSE, AMALAPURAM,
AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683881.
BY ADVS.MAYA T S
K.A.SUNITHA(K/347/2003)
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 36464 OF 2023
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JUDGMENT
The petitioners say that they are proposing to establish a 'Cement Bricks Unit' in the property covered by Ext.P1, which is owned by them; but that they are being obstructed from even commencing the work by the party respondents, though they are acting strictly as per Exts.P3 to P5 consents and permissions given by the authorized and competent Authorities. They say that they have, therefore, preferred Ext.P6 complaint before the 2nd respondent - Station House Officer, seeking protection; but that no action has been taken thereon, thus constraining them to have approached this Court through this Writ Petition.
2. In response to the afore submissions of Smt.A.A.Geetha - learned counsel for the petitioner, the learned counsel appearing for respondents 3 to 13 - Smt.Maya T.S., submitted WP(C) NO. 36464 OF 2023 -4- that her clients have filed a counter affidavit, wherein, it has been averred that they have absolutely no objections to the petitioners engaging themselves in any lawful activity, including the commencement of the Unit; but that they can do so only in strict compliance with the legal requirements and in no other manner. She submitted that, however, the petitioners are trying to violate law, in not obtaining necessary clearances from the Local Self Government Institution before establishing a borewell on their property on the strength of Ext.P5, though such a condition is specifically ingrained in it.
3. Smt.Maya T.S. thus prayed that, even if this Court is inclined to grant protection to the petitioners, it may be clarified that they will not be allowed to act in violation of law or to dig a borewell except in terms of Ext.P5, WP(C) NO. 36464 OF 2023 -5- after obtaining necessary clearances from the Local Self Government Institution.
4. Smt.Rekha C.Nair - the learned Senior Government Pleader, in response to the afore rival positions of the parties, submitted that the Police, in obedience to the interim direction of this Court dated 06.11.2023, have ensured that there is no law and order violation in the area on account of the internecine disputes between the parties; but that they cannot resolve or decide the same in any manner whatsoever. She added that they are willing to abide by any direction to be issued by this Court.
5. I have examined the pleadings of the parties, particularly the counter affidavit filed by the party respondents.
6. As I have already recorded above, the party respondents only say that the petitioners WP(C) NO. 36464 OF 2023 -6- are attempting to dig a borewell illegally without obtaining necessary clearances from the Local Self Government Institution, even though this is one of the specific conditions mentioned in Ext.P5. This certainly, is not a matter that this Court can look into or answer affirmatively, while acting under the 'police protection' jurisdiction. But, it is needless to say that any action by the parties can be allowed by the competent Authorities only if they are in full compliance of the requirements of law.
7. Be that as it may, the internecine disputes between the parties cannot be allowed to degenerate into a law and order issue, nor can they be allowed to commit any action against each other which would cause injury, threat or intimidation. The Police are certainly expected to ensure that this is fully complied with. WP(C) NO. 36464 OF 2023 -7- In the afore circumstances, I allow this Writ Petition to the limited extent of directing the 2nd respondent to ensure that the lives of the petitioners and their workmen, as also that of the party respondents, are protected from each other; and that any action carried on by the petitioners in lawful compliance with Exts.P3 to P5 is permitted without violation of law; however, ensuring that all necessary requirements and requisites are satisfied.
As far as the party respondents are concerned, their remedies before any other Authority, including against Exts.P3 to P5, as they are advised, are left open; for which purpose, all rival contentions are also left undecided.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 36464 OF 2023 -8- APPENDIX OF WP(C) 36464/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER AYYAMPUZHA VILLAGE IN FAVOUR OF THE PETITIONER DATED 6.5.2023.
EXHIBIT P2 TRUE COPY OF THE LEASE DEED EXECUTED BETWEEN THE 1ST PETITIONER AND 2ND PETITIONER DATED 12.9.2023.
EXHIBIT P3 TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT ISSUED BY THE
AYYAMPUZHA GRAMA PANCHAYAT TO THE 1ST PETITIONER DATED 31.3.2023.
EXHIBIT P4 TRUE OF THE CONSENT TO ESTABLISH THE UNIT ISSUED BY THE POLLUTION CONTROL BOARD, KADAVNATHRA DATED 3.12.2022. EXHIBIT P5 TRUE COPY OF THE PERMISSION GRANTED BY THE DISTRICT UNDERGROUND WATER DEPARTMENT TO THE 1ST PETITIONER DATED 3.7.2023.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT PREPARED TO BE SUBMITTED BEFORE THE STATION HOUSE OFFICER, AYYAMPUZHA POLICE STATION DATED 30.10.2023.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT PREPARED TO BE SUBMITTED BEFORE THE DISTRICT POLICE CHIEF, ALUVA DATED 30.10.2023. EXHIBIT P8 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE DISTRICT POLICE CHIEF ACKNOWLEDGING EXT. P7 COMPLAINT DATED 1.11.2023 .
WP(C) NO. 36464 OF 2023
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RESPONDENT EXHIBITS
EXT R-5[A] MASS COMPLAINT GIVEN BY THE NATIVES
BEFORE THE UNDER GROUND WATER
DEPARTMENT DATED 6-10-2023