Kerala High Court
K. Vijayan vs The Commissioner Of Police on 25 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:54795
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 18116 OF 2025
PETITIONERS:
1 K. VIJAYAN
AGED 74 YEARS
S/O DAMODARAN, RESIDING AT ASHTAPATHI,
THIRUVANNUR, KOZHIKODE, PIN - 673029
2 VASANTH KAMATH
AGED 65 YEARS
S/O VANKITESH KAMATH, RESIDING AT 5/3523B,
TRA 3, SREELAKSHMI NIVAS, THIRUTHIYAD,
P.O. PUTHIYARA, KOZHIKODE, PIN - 673004
3 D. SUDHAKAR BALIGA
AGED 77 YEARS
S/O DAMODAR BALIGA, RESIDING AT 1/1253 A2,
JEEVANA, NEAR KANAKALAYA BANK,
P.O. WEST HILL, KOZHIKODE, PIN - 673005
4 M. SATHYAPRAKASH
AGED 60 YEARS
S/O M. KUNHIKANNAN, RESIDING AT OASIS APARTMENTS,
KOLATHARA, KOZHIKODE, PIN - 673655
5 G. RAJARAM
AGED 77 YEARS
S/O GANAPATHY, RESIDING AT EF7/110, KSHD FLATS,
CHEVARAMBALAM, KOZHIKODE, PIN - 673017
6 K. RAMAKRISHNAN
AGED 55 YEARS
S/O KELUKUTTY, RESIDING AT PUNATHIL PARAMBA,
2025:KER:54795
W.P.(C) No.18116/2025
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PALATTU NAGAR, THIRUVANNUR,
KOZHIKODE, PIN - 673029
7 E.K. SURENDRAN
AGED 67 YEARS
S/O E.K. KARUNAN, RESIDING AT AMMADATH PARAMBA,
CHALAPPURAM, KOZHIKODE, PIN - 673002
8 RAGHUNATH
AGED 52 YEARS
S/O BALASUBRAMANIAN, RESIDING AT SWEET HOME,
P.O. TALI, KOZHIKODE, PIN - 673002
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS:
1 THE COMMISSIONER OF POLICE
KOZHIKODE CITY,
OFFICE OF THE COMMISSIONER OF POLICE,
KOZHIKODE CITY, KOZHIKODE, PIN - 673001
2 THE ASSISTANT COMMISSIONER OF POLICE
KOZHIKODE CITY,
OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE,
KOZHIKODE CITY, KOZHIKODE,
PIN - 673001
3 THE STATION HOUSE OFFICER
TOWN POLICE STATION, KOZHIKODE,
PIN - 673001
4 KAILASHNADH MISRA
AGED 71 YEARS
S/O BALARAM MISRA MAHARAJ,
RESIDING AT 36/535, BAIRAGI MADHOM,
MELE PALAYAM ROAD, KOZHIKODE,
PIN - 673001
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W.P.(C) No.18116/2025
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5 KOZHIKODE CORPORATION
REPRESENTED BY ITS SECRETARY,
BEACH ROAD, KOZHIKODE,
PIN - 673032
6 THE SECRETARY
KOZHIKODE CORPORATION,
BEACH ROAD, KOZHIKODE,
PIN - 673032
BY ADVS.
SRI.N.M.MADHU
SMT.BINDUMOL JOSEPH
SMT.C.S.RAJANI
SMT. ANIMA M, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 20.06.2025, THE COURT ON 25.07.2025 DELIVERED
THE FOLLOWING:
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W.P.(C) No.18116/2025
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N. NAGARESH, J.
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W.P.(C) No.18116 of 2025
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Dated this the 25th day of July, 2025
JUDGMENT
~~~~~~~~~ The petitioners, who are tenants of the Bairagi Madhom, a religious institution managed by the 4th respondent, are before this Court seeking to direct respondents 1 to 3 to give adequate police protection to the petitioners for putting up a temporary roof over the building occupied by them, on the basis of the permission granted by the Kozhikode Corporation.
2. The petitioners state that the religious institution, which is under the control of the Malabar Devaswom Board, has been making efforts to evict the 2025:KER:54795 W.P.(C) No.18116/2025 :5: petitioners from their respective tenanted shop rooms. The 4th respondent filed a suit to evict the petitioners unsuccessfully.
3. The 4th respondent has not been maintaining the building properly. The shop rooms of the petitioners divided by intervening walls are a single tiled roof. The 4th respondent obtained an order from Kozhikode Corporation to demolish the building alleging that it is in a dangerous condition. The Kozhikode Corporation refused to renew trade licences issued to the petitioners. The orders of the Kozhikode Corporation are stayed by this Court as per interim orders in W.P.(C) Nos.17308 and 17954 of 2022.
4. In the month of May, 2022, the 4th respondent clandestinely removed the tiles of the common roof. The 4th respondent prevented the petitioners from putting up a temporary tarpaulin roof. In W.P.(C) No.19446/2022, this Court passed an interim order permitting the petitioners to put up a temporary roof by using 2025:KER:54795 W.P.(C) No.18116/2025 :6: tarpaulin. Now, the parties are relegated to Kozhikode Corporation for a decision in the matter.
5. The petitioners state that the Secretary of the Kozhikode Corporation passed Ext.P7 order dated 24.04.2025 permitting the petitioners to temporarily repair the roof of the building putting sheets instead of tarpaulin sheets. The petitioners approached respondents 1 to 3 for police protection to comply with Ext.P7 order. The police has not turned up to assist the petitioners. The petitioners state that during this monsoon season, unless a temporary roof is put in place, the petitioners will be put to hardship and the building is likely to get damaged further.
6. The 4th respondent entered appearance and resisted the writ petition. The 4th respondent submitted that the building in question is old and has structural damage. It requires demolition. The building is likely to fall down at any point of time. The Corporation had issued demolition order. Ext.P7 was passed without hearing the 4th respondent.
2025:KER:54795 W.P.(C) No.18116/2025 :7: Allowing the petitioners to put up sheets as requested would lead to endangering the building and life of persons occupying the same. The writ petition is therefore to be dismissed.
7. I have heard the learned counsel for the petitioners, the learned Government Pleader representing respondents 1 to 3, the learned counsel appearing for the 4th respondent and the learned Standing Counsel representing respondents 5 and 6.
8. The petitioners are tenants of Bairagi Madhom of which the 4th respondent is the Managing Trustee. The tenanted shop rooms occupied by the petitioners are old.
9. The 4th respondent would submit that the Corporation had issued orders to demolish the building as it is in a dilapidated condition. It is seen from the pleadings that this Court relegated the parties to the Kozhikode Corporation for a decision in the matter. Ext.P7 order 2025:KER:54795 W.P.(C) No.18116/2025 :8: passed on 24.04.2025 would indicate that the Corporation has permitted the petitioners to cover the roof using sheets temporarily. The 4th respondent submits that Ext.P7 was passed without hearing him.
10. It is not in dispute that the building is old and there is no permanent roof to the building consisting of the shop rooms, at present. The petitioners had approached this Court earlier filing W.P.(C) No.20121/2023 and this Court had passed an interim order directing the police to give adequate protection to the petitioners to restore the temporary tarpaulin roof put up by the petitioners.
In the facts of the case, I am of the view that temporary interim measures have to be taken for maintaining the building till the issues between the parties are resolved. The writ petition is therefore disposed of permitting the petitioners to put up temporary tarpaulin / plastic roof over the building in question. Respondents 2 and 3 shall give adequate protection to the petitioners for 2025:KER:54795 W.P.(C) No.18116/2025 :9: putting up the temporary roof. It is made clear that this judgment is delivered only by way of interim measure to protect the petitioners and general public from a potential danger. This judgment shall not affect the civil rights of the petitioners and the 4th respondent in any manner.
Sd/-
N. NAGARESH, JUDGE aks/23.07.2025 2025:KER:54795 W.P.(C) No.18116/2025 : 10 : APPENDIX OF WP(C) 18116/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE NEWS ITEM WHICH WAS PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 30.05.2022 Exhibit P2 A TRUE COPY OF THE COMMON JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C) 17308/2022, W.P.(C) 17954/2022 AND W.P.(C) 19446/2022 DATED 13.02.2023 Exhibit P3 A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN W.P. (C) 20121/2023 DATED 21.06.2023 Exhibit P4 A TRUE COPY OF THE EXPERT REPORT DATED 17.10.2023 SUBMITTED BY THE EXPERT COMMITTEE FORMED BY THE KOZHIKODE CORPORATION Exhibit P5 A TRUE COPY OF THE JUDGMENT OF THIS HONORABLE COURT IN W.P.(C) 20121/2023 DATED 06.06.2024 Exhibit P6 A TRUE COPY OF THE NOTICE DATED 29.10.2024 ISSUED BY THE KOZHIKODE CORPORATION TO THE 2ND PETITIONER Exhibit P7 A TRUE COPY OF THE ORDER NO. 809376-
2025 OF THE SECRETARY, KOZHIKODE
CORPORATION DATED 24.04.2025
Exhibit P8 A TRUE COPY OF THE REQUEST MADE BY THE
PETITIONERS TO RESPONDENTS 1 TO 3 AND THE JURISDICTIONAL CIRCLE INSPECTOR DATED 05.05.2025