Baby vs District Police Chief (Rural)

Kerala High Court

Baby vs District Police Chief (Rural) on 22 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                        WP(C) NO. 5465 OF 2024
PETITIONERS:

    1     BABY
          AGED 66 YEARS
          S/O ABRAHAM, KALLUMPURATHU VEEDU, PANVELI MURI,
          VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK,
          KOLLAM DISTRICT, PIN - 691538
    2     KUNJUMOL
          AGED 61 YEARS
          W/O BABY, KALLUMPURATHU VEEDU, PANVELI MURI,
          VETTIKKAVALA VILLAGE, KOTTERAKKARA TALUK,
          KOLLAM DISTRICT, PIN - 691538
          BY ADVS.
          C.RAJENDRAN
          B.K.GOPALAKRISHNAN
          R.S.SREEVIDYA
          MANU M.


RESPONDENTS:

    1     DISTRICT POLICE CHIEF (RURAL)
          KOLLAM CITY, LINK ROAD, ASRAMOM, KOLLAM DISTRICT,
          PIN - 691001
    2     STATION HOUSE OFFICER
          KOTTARAKKARA POLICE STTAION, KOTTARAKKARA PO, KOLLAM,
          PIN - 691506
    3     UNNI R.S
          AGED 30 YEARS
          S/O RAJAN R RESIDING AT UNNI NIVAS, THETTIYODU,
          KARIKOM P.O, VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK,
          KOLLAM, PIN - 691531
    4     MANOJ RAVEENDRAN
          AGED 45 YEARS
          S/O RAVEENDRAN, RAVEENDRA VILASOM, KANNAMKODU,
          VETTIKKAVALA P.O, VETTIKKAVALA VILLAGE,
          KOTTARAKKARA TALUK, KOLLAM, PIN - 691532
    5     VETTIKKAVALA GRAMA PANCHAYATH
          VETTIKKAVLA PO, VETTIKKAVALA, KOTTARAKKARA REPRESENTED
          BY ITS SECRETARY, PIN - 691538
    6     GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY, ASRAMOM,
          KOLLAM DISTRICT, PIN - 691002
 WP(C) NO. 5465 OF 2024         2

          BY ADVS.
          Alexander George
          Sasith M R
          SMT.REKHA C. NAIR - SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5465 OF 2024                      3

                                     JUDGMENT

When this matter was called today, the learned counsel on both sides were ad idem that this matter can be disposed of confirming the interim order granted by this Court dated 20.03.2024.

2. The interim order afore referred is to the following effect:

"The learned Government Pleader submitted that complaints were received that the petitioner was violating the orders passed by the learned Munsiff and it was only in the said circumstances that he was summoned.

2. Having considered the submissions advanced by the learned counsel appearing for the petitioner, Sri. Rajendran, Sri. Alexander Joseph George, the learned counsel appearing for the respondent and the learned Government, I find that the party respondents have already approached the Munsiff Court and have instituted O.S.No.599 of 2023 and an order has been passed interdicting the petitioner and their men from excavating soil from the plaint schedule property causing deprivation of lateral support for the western Panchayat road until further orders. The petitioner is bound to abide by the order passed by the Munsiff. If the petitioner has a valid permit and if he abides by the order passed by the learned Munsiff, the police shall not unnecessarily harass him."

In the afore circumstances, with the consent of both sides, this writ petition is disposed of confirming the afore interim order and directing the parties to act as per its terms.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/22.5 WP(C) NO. 5465 OF 2024 4 APPENDIX OF WP(C) 5465/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTO COPY OF THE PERMIT FOR THE BUILDING WITH PLAN DATED 18/01/2023. Exhibit P2 A TRUE PHOTOCOPY OF THE ORDER OF THE MINING AND GEOLOGY DEPARTMENT KOLLAM DATED 30 /11/2023 Exhibit P3 A TRUE PHOTOCOPY OF THE ORDER DATED 27/07/2023 ISSUED FROM THE OFFICE OF THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT Exhibit P4 A TRUE PHOTO COPY OF THE PLAINT IN OS NO.

                    599/2023     OF    THE    MUNSIFF    COURT,
                    KOTTARAKKARA.
Exhibit P5          A TRUE PHOTOCOPY OF THE LETTER OF THE

KERALA STATE ELECTRICITY BOARD DATED 24/07/2023.

Exhibit P6 A TRUE PHOTOCOPY OF THE ORDER OF THE MUNSIFF COURT KOTTARAKKARA IN OS NO. 599/2023 DATED 18/12/2023 RESPONDENT EXHIBITS Ext.R4(a) True copy of the complaint filed by the 4th respondent and others before the District Collector, Kollam dated nil