Kerala High Court
Saraswathy Amma vs State Of Kerala on 12 August, 2021
WP(C) NO. 8287 OF 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
WP(C) NO. 8287 OF 2020
PETITIONER/S:
SARASWATHY AMMA
AGED 63 YEARS
D/O.KUTTIYAMMA, BINDU BHAVAN, KAMUKUMCHERY P.O.,
PIRAVANTHOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM
DISTRICT.
BY ADVS.
SUBHASH CYRIAC
SMTSHEEBA JOSEPH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE SUPERINTENDENT OF POLICE (RURAL),
OFFICE OF THE SUPERINTENDENT OF POLICE, KOLLAM
DISTRICT-691008.
3 THE STATION HOUSE OFFICER,
PATHANAPURAM POLICE STATION, PATHANAPURAM TALUK,
KOLLAM DISTRICT-689695.
4 VIKRAMAN PILLAI,
S/O.SUKUMARA PILLAI, SARASWATHY VILASOM VEEDU, KAMUKUM
CHERY P.O., PATHANAPURAM TALUK, KOLLAM DISTRICT-
689696.
5 SATHEEBAI,
W/O.VIKRAMAN PILLAI, SARASWATHY VILASOM VEEDU,
KAMUKUMCHERY P.O., PATHANAPURAM TALUK, KOLLAM
DISTRICT-689696.
WP(C) NO. 8287 OF 2020 2
6 THE SECRETARY,
PIRAVANTHOOR GRAMA PANCHAYAT, PIRAVANTOOR,
PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN-689696.
BY ADVS.
SRI.RASHEED C.NOORANAD
SRI.MANOJ RAMASWAMY
SMT.ANITHA M.N. (EKM)
SMT.C.H.ABEENA
SRI.T.M.JAFARKHAN
OTHER PRESENT:
SMT.REKHA.C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8287 OF 2020 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No.8287 of 2020
--------------------------------------
Dated this the 12th day of August, 2021
JUDGMENT
The above writ petition is filed with following prayers :
"i) issue a writ of mandamus or any other appropriate
writ or order directing Respondent Nos. 2&3 to afford
adequate,effective and meaningful protection to
complete the construction of compound wall in the
Petitioner's property as per Exhibit P5 permit issued by
the 6th Respondent panchayat, against the illegal
obstructions caused by the Respondent Nos.4 &5 and
their henchmen.
ii) issue a writ of mandamus or any other appropriate
writ or order directing Respondent Nos. 2&3 to afford
adequate, effective and meaningful protection to the life
of the Petitioner and her family from the threats of
Respondent Nos. 4&5
iii) Direct the Respondent No. 2 to take action on
Ext.P7.
iv) Such other orders as are deem fit in the interest of
justice."
2. The grievance of the petitioner is that the party
respondents are not allowing the petitioner to construct a
compound wall in the petitioner's property as per Ext.P5 permit
issued by the 6th respondent.
3. Heard learned counsel for the petitioner, learned
counsel for the contesting respondents. I also heard the learned
Government Pleader and the Standing Counsel, who appeared for
the 6th respondent-Panchayat.
4. The counsel for the petitioner submitted that she will
construct the compound wall, strictly in accordance to Ext.P5
permit, which is renewed as per Ext.P11 issued by the
Panchayat. The Government Pleader submitted that the Police
will see that there is no law and order problem. The contesting
respondents submitted that the attempt of the petitioner is to
encroach to a pathway in existence, which is used by the
contesting respondents. The counsel submitted that the
contesting respondents have no objection for the construction of
a boundary wall, if it is constructed as per the building permit
issued by the Panchayat. In the light of the above submission, I
think the police protection can be allowed to the petitioner to
construct the boundary wall, strictly in accordance to the permit
issued by the Panchayat.
Therefore, this writ petition is disposed, with following
directions :
1) If there is any obstruction from respondent Nos.4 and 5
in constructing the boundary wall, in accordance to
Ext.P5 permit, which is renewed as per Ext.P11, she is
free to approach the Station House Officer with a
representation.
2) If such a representation is received by the Station
House Officer concerned, the Station House Officer
concerned will afford adequate police protection for
constructing the boundary wall, strictly in accordance
to Ext.P5 permit, which is renewed as per Ext.P11.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 8287/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE GIFT DEED NO.3178/1979 OF
SRO PATHANAPURAM EXECUTED IN FAVOUR OF THE
PETITIONER.
EXHIBIT P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED
28.09.2019 ISSUED BY THE VILLAGE OFFICER,
PIRAVANTHOOR.
EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S.NO.224/13
BEFORE THE MUNISFF'S COURT, PUNALUR
EXHIBIT P4 TRUE COPY OF THE WRITTEN STATEMENT IN
O.S.NO.224/2013 BEFORE THE MUNSIFF'S COURT,
PUNALUR.
EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT DATED
06.04.2019 ISSUED BY PIRAVANTHOOR GRAMA
PANCHAYAT IN FAVOUR OF THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 04.05.2019
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 08.07.2019
FILED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 08.07.2019
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE SURVEY COMMISSION REPORT
AND PLAN DATED 20.01.2018 IN O.S.NO.224/13
BEFORE MUNISFF'S COURT, PUNALUR.
EXHIBIT P10 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
09.04.2019 ISSUED FROM TALUK HOSPITAL,
PUNALUR TO THE PETITIONER.
RESPONDENT'S EXHIBITS :
EXT.R4A THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE
REVENUE DIVISIONAL OFFICER, KOLLAM DATED 29.8.2013
EXT.R4(B) TRUE COPY OF THE ORDER DATED 29.8.2013 OF THE KERALA
STATE HUMAN RIGHT COMMISSION
EXT.R4(C) A TRUE COPY OF THE PETITION FILED BY THE 5TH RESPONDENT
DATED 16.7.2019
