Kerala High Court
Athirampuzha Grama Panchayath vs The District Police Chief on 7 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:58895
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
WP(C) NO. 27491 OF 2025
PETITIONER:
ATHIRAMPUZHA GRAMA PANCHAYATH
ATHIRAMPUZHA , KOTTAYAM DISTRICT -686 562
REPRESENTED BY ITS SECRETARY,
SMT. NISSY JOHN CY, D/O C.S.YOHANNAN,
AGED 49 YEARS SECRETARY,
ATHIRAMPUZHA GRAMA PANCHAYATH
ATHIRAMPUZHA, KOTTAYAM DISTRICT
BY ADV SRI.M.KRISHNAKUMAR
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
KOTTAYAM DISTRICT DISTRICT POLICE OFFICE,
KOTTAYAM, PIN - 686002
2 THE CIRCLE INSPECTOR OF POLICE
OFFICE OF THE CIRCLE INSPECTOR OF POLICE
ETTUMANOOR , KOTTAYAM, PIN - 686631
3 THE SUB- INSPECTOR OF POLICE
OFFICE OF THE SUB INSPECTOR OF POLICE
ETTUMANOOR , KOTTAYAM, PIN - 686631
4 GEORGE JOSEPH
AGED 66 YEARS
S/O C.D.JOSEPH, CHAKKALAKKAL ATHIRAMPUZHA,
SREEKANTAMANGALAM PO, KOTTAYAM, PIN - 686562
5 K.N.SAHADEVAN
AGED 63 YEARS
2025:KER:58895
W.P.(C) No.27491/2025
:2:
S/O P.K.NARAYANAN, KARITHADATHIL,
SREEKANTAMANGALAM PO, KOTTAYAM,
PIN - 686562
BY ADVS.
SMT.UMMUL FIDA
SRI.C.IJLAL
SHRI.ANANDU R.
SHRI.MAJID MUHAMMED K.
SMT.P.PARVATHY
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.08.2025, THE COURT ON 07.08.2025
DELIVERED THE FOLLOWING:
2025:KER:58895
W.P.(C) No.27491/2025
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N. NAGARESH, J.
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W.P.(C) No.27491 of 2025
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Dated this the 7th day of August, 2025
JUDGMENT
~~~~~~~~~ The Athirampuzha Grama Panchayat is the petitioner. The Panchayat is seeking police protection against respondents 4 and 5 and their men who are causing obstruction to the construction of the Material Collection Facility (MCF) within the territorial area of the Panchayat for collection and disposal of waste.
2. The petitioner states that Suchitwa Mission envisages establishment of Material Collection Facility within every Panchayat. The Local Self Government Department granted permission to the Panchayat to purchase 48.28 2025:KER:58895 W.P.(C) No.27491/2025 :4: Cents of land. The Panchayat purchased land in the year 2024 expending more than ₹70 lakhs. The Panchayat executed agreement with a Contractor on 14.05.2025. When the work started, the 4th respondent and his men obstructed the work. The petitioner approached the 1st respondent- District Police Chief seeking protection. Effective protection is not granted. Hence, the petitioner is before this Court.
3. Respondents 4 and 5 resisted the writ petition. Respondents 4 and 5 state that the Panchayat decided to start MCF near their residential area without any notice. Establishment of MCF is not an ordinary administrative matter. It has social impact also. It directly affects the daily lives, health and well being of the residents living in the locality. Any decision regarding establishment of MCF should be made in consultation with the local community.
4. The local residents therefore formed Sreekandamangalam Janakeeya Samara Samithi. The 2025:KER:58895 W.P.(C) No.27491/2025 :5: Samithi is peacefully opposing the proposed project. The MCF is proposed to be established in a highly populated area with around 1500 houses in 500 metre radius. The petitioner has no sanction under the Kerala Panchayat Building Rules to start the construction of the MCF. The writ petition is hence liable to be dismissed.
5. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 3 and the learned counsel appearing for respondents 4 and 5.
6. The petitioner-Panchayat is establishing a Material Collection Facility under Suchitwa Mission. The Panchayat has purchased 48.28 Cents of land for this purpose. Construction activities of the MCF is being physically obstructed by respondents 4 and 5 and their men.
7. The Superintending Engineer, Local Self Government Department has granted technical sanction for the work as per Ext.P5. After floating tenders, an agreement 2025:KER:58895 W.P.(C) No.27491/2025 :6: has been executed with the Contractor. The project is under 'White' category. Therefore, the Pollution Control Board was intimated about the decision of the Panchayat.
8. The Panchayat is constructing MCF under a Government project. If respondents 4 and 5 or anyone else has any complaint regarding the work, they have to move the appropriate statutory authorities if the construction or establishment of MCF is in violation of any statutory provisions. Respondents 4 and 5 have no right to physically obstruct the construction work. If respondents 4 and 5 cause any obstruction to the work, respondents 1 to 3 are bound to give protection to the petitioner for executing the work.
The writ petition is therefore allowed. Respondents 1 to 3 are directed to give adequate police protection for construction of MCF, from any obstruction caused by respondents 4 and 5 and their men. This will be without prejudice to the right of respondents 4 and 5 to move statutory authorities against establishment of MCF if they so 2025:KER:58895 W.P.(C) No.27491/2025 :7: desire and without prejudice to their right to conduct peaceful protest without any physical obstruction to the construction activities.
Sd/-
N. NAGARESH, JUDGE aks/06.08.2025 2025:KER:58895 W.P.(C) No.27491/2025 :8: APPENDIX OF WP(C) 27491/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE THE ORDER DATED 5-01- 2024 PASSED BY THE JOINT DIRECTOR, LSGD, GOVERNMENT OF KERALA.
Exhibit P2 TRUE COPY OF OF THE RESOLUTION DATED 13-11-2024 OF THE PETITIONER PANCHAYAT Exhibit P3 TRUE COPY OF THE RECEIPT DATED 1-02-
2025 ISSUED BY THE RAJEEV GANDHI
INSTITUTE OF TECHNOLOGY
Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED
3-03-2025 FROM THE RAJEEV GANDHI
INSTITUTE OF TECHNOLOGY
Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED
11-04-2025 FROM THE SUPERINTENDING
ENGINEER, LSGD
Exhibit P6 TRUE COPY OF THE RESOLUTION DATED 28-
04-2025 OF THE PETITIONER PANCHAYAT ACCEPTING THE TENDER SUBMITTED BY SRI. ANIL GEORGE SEBASTIAN Exhibit P7 TRUE COPY OF THE CONTRACT FOR THE CONSTRUCTION WORK DATED 14-05-2025 ENTERED INTO BETWEEN THE PETITIONER THROUGH THE ASSISTANT ENGINEER AND THE CONTRACTOR SRI. ANIL GEORGE SEBASTIAN Exhibit P8 TRUE COPY OF THE LETTER DATED 11-06- 2025 SEEKING THE PETITIONER TO APPLY AND PROVIDE FOR ELECTRICAL CONNECTION FOR THE PROPOSED PROJECT Exhibit P9 TRUE COPY OF THE INTIMATION OF OPERATION OF WHITE CATEGORY INDUSTRY/ESTABLISHMENTS SUBMITTED BY THE PETITIONER TO THE KERALA STATE POLLUTION CONTROL BOARD Exhibit P10 TRUE COPY OF THE LETTER DATED 11-07- 2025 ISSUED BY THE PANCHAYAT TO THE JOINT DIRECTOR LSGD GOVERNMENT OF KERALA Exhibit P11 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 3 RD 2025:KER:58895 W.P.(C) No.27491/2025 :9: RESPONDENT AND THE RECEIPT Exhibit P12 TRUE COPY OF THE RECEIPT DATED 12-07- 2025 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE 1 ST RESPONDENT Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED 21-07-2025 PASSED BY THE HIGH COURT OF KERALA IN WPC 25752/2025 RESPONDENT'S EXHIBITS Exhibit R4(A) A true copy of the Material Collection Facility Guidelines Exhibit R4(B) A copy of the google image of the site Exhibit R4(C) A true copy of the representation dated 10/06/2025, submitted by the 1st petitioner to the 2nd respondent Exhibit R4(D) A true copy of the letter dated 23/06/2025 issued by the the joint director, Kottayam District Panchayat to the 4th respondent Exhibit R4(E) A true copy of the letter dated 23/06/2025 issued by the petitioner to the 4th respondent Exhibit R4(F) A true copy of the letter dated 25/06/2025 sent by the 5th respondent to the petitioner