Baby. R vs The State Of Kerala Represented The ...

Kerala High Court

Baby. R vs The State Of Kerala Represented The ... on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 42029 OF 2023
PETITIONERS:

    1       BABY. R, AGED 71 YEARS, S/O. ABRAHAM,
            KALLUMPURATHU VEEDU, PANAVELI P.O.,
            VETTIKKAVALA, KOLLAM, PIN - 691532.

    2       KUNJUMOL, AGED 59 YEARS, W/O. BABY. R,
            KALLUMPURATHU VEEDU, PANAVELI P.O.,
            VETTIKKAVALA, KOLLAM, PIN - 691532.

            BY ADV V.S.THOSHIN


RESPONDENTS:

    1       THE STATE OF KERALA
            REPRESENTED THE SECRETARY
            HOME DEPARTMENT, GOVT. SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001.

    2       THE SUPERINTENDENT OF POLICE, KOLLAM RURAL
            KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691001.

    3       THE SUB INSPECTOR OF POLICE,
            KOTTARAKKARA POLICE STATION,
            KOLLAM ROAD, CHANDAMUKKU,
            KOTTARAKKARA, KOLLAM, PIN - 691506.

    4       MANOJ@ KEEPER MANOJ, AGED 43 YEARS,
            S/O. RAVEENDRAN, REVEENDRA VILASOM,
            KANNAMKODE MURI, VETTIKAVALA VILLAGE,
            KOLLAM, PIN - 691532.

            SMT.REKHA C.NAIR, SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 42029 OF 2023
                                     -2-

                                 JUDGMENT

The petitioners say that they are the owners of 32 Ares of land comprised of in Re.Sy.No.359/27 in Block No.20 of Vettikavala Village, Kottarakkara Taluk, Kollam District; and have produced Exts.P1 and P2 in substantiation.

2. The petitioners explain that they have obtained a valid building permit from Vettikavala Grama Panchayat, namely Ext.P3, for the construction of their house; and that, for the purpose of levelling the land, they have obtained Exts.P4 and P5 permissions from the competent Geologist and Geology Department respectively, permitting removal of ordinary earth. They allege that the 4th respondent, however, obstructed the work and parked two tipper lorries, blocking entry into their WP(C) NO. 42029 OF 2023 -3- property, as also assaulted their labourers; thus leaving them no other option, but to approach the 2nd respondent seeking protection. They submit that, however, since the Police have not acted upon the same, they have been forced to approach this Court through this Writ Petition.

2. The endorsements on file reveal that the 4th respondent has been validly served summons from this Court. He has, however, chosen not to be present in person, or to be represented through counsel; thus inferentially guiding me to the impression that he has nothing to offer in opposition to the reliefs claimed by the petitioners in this Writ Petition.

3. Sri.V.S.Thoshin - learned counsel for the petitioners, explained that, even though the 4th respondent has attempted a Suit against her clients, along with an application for interim WP(C) NO. 42029 OF 2023 -4- injunction, the same has been dismissed; and therefore, that there is nothing in his aid to make any obstruction to the construction now being carried on by her clients. She, therefore, reiteratingly prayed that the reliefs sought for in this Writ Petition be granted.

4. Smt.Rekha C.Nair - learned Senior Government Pleader, submitted that the Police have also been informed that there is a Suit filed by the 4th respondent against the petitioners; but added that she does not have instructions as to whether there are any interim orders issued by the Civil Court. She added that, therefore, the Police will abide by any direction to be issued by this Court.

5. When I evaluate and consider the afore rival submissions, it becomes luculent that, as of now, nothing has been shown by the 4th respondent to claim any right to cause WP(C) NO. 42029 OF 2023 -5- obstruction to the work being carried on by the petitioners, especially when they maintain that they are doing so on the strength of all valid permits and licences. The Police also do not have any case to the contrary, except saying that they have some information that a Civil Suit has been attempted by the said respondent against the petitioners.

6. However, since no document has been produced before this Court to indicate that the petitioners are interdicted legally in continuing with the work, I see no reason why the reliefs sought for in this Writ Petition be not granted.

7. That said, however, it is not the province of the Police to oversee the construction, but solely that law and order is maintained and that no one causes any violence or physical obstruction to any activity of the WP(C) NO. 42029 OF 2023 -6- petitioners; though the remedy of the 4th respondent through legal processes may certainly be available.

In the afore circumstances, I allow this Writ Petition and direct the 3rd respondent to offer necessary and adequate protection to the petitioners and their labourers to carry on and complete the construction, as long as they act in terms of law and on the strength of all valid and necessary licences.

As far as the 4th respondent is concerned, his right to invoke and pursue remedies before any competent Forum is left open; for which purpose, the rival contentions in that regard are left undecided.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 42029 OF 2023 -7- APPENDIX OF WP(C) 42029/2023 PETITIONER EXHIBITS EXHIBIT P 1 THE TRUE COPY OF THE LAND TAX RECEIPT OF THE PROPERTY EXHIBIT P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE OF THE LAND OF PETITIONERS EXHIBIT P3 THE TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT NO. SC2-BA(19713)/2023 DATED 18/01/2023 ISSUED BY THE VETTIKAVALA GRAMA PANCHAYATH EXHIBIT P4 THE TRUE COPY OF THE PERMIT ISSUED FROM THE DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, KOLLAM DATED 30/11/2023 EXHIBIT P5 THE TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT ENGINEER, KSEB TO THE GEOLOGY DEPARTMENT RESPONDENT EXHIBITS EXT.R4(A) TRUE COPY OF THE COMPLAINT FILED BY THE 4TH RESPONDENT AND OTHERS BEFORE THE DISTRICT COLLECTOR, KOLLAM ON 4.12.2023 EXT.R4(B) THE TRUE COPY OF THE INTERIM INJUNCTION ORDER PASSED IN IA NO.1/2023 IN OS NO.599/2023 PASSED BY THE HON'BLE MUNSIFF COURT, KOTTARAKARA DATED 7.12.2023