Kerala High Court
T.R.Krishnan vs State Of Kerala on 12 August, 2021
WP(C) No.3320/2021 1/5
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. 3320 OF 2021(L)
PETITIONER:
T.R.KRISHNAN, S/O. T.K. RAMAKRISHNAN (LATE), THOTTAPURA HOUSE,
AKKATHETHARA P.O, PALAKKAD - 678008.
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2. DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF,
PUDUPALLI THERUVU, NURANI, PALAKKAD, KERALA - 678001.
3. CIRCLE INSPECTOR OF POLICE, TOWN SOUTH STATION, PALAKKAD.
4. SUB INSPECTOR OF POLICE, TOWN SOUTH STATION, PALAKKAD.
5. ACHUTHANANDAN S.P, ANANDKRISHNA, SELVAPALAYAM, PALAKKAD - 678001.
6. SMITHESH P., MELPAT HOUSE, SEKHARIPURAM, PALAKKAD - 678010.
7. MOHAN BABU M, 15/510, DEVI NIVAS, SREENARAYANA COLONY,
KUNNATHURMEDU, PALAKKAD - 678013.
8. ADDL.R8. PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, SANTHI
NAGAR, KUNNATHURMEDU, PALAKKAD, KERALA-678001. (ADDL.R8 IS IMPLEADED
AS PER ORDER DATED 11-02-2021 IN IA 1/2021 IN WP(C) 3320/2021).
9. ADDL.R9.THE STATION HOUSE OFFICER, TOWN SOUTH STATION,
PALAKKAD-678013 ADDL.R9 IS IMPLEADED AS PER ORDER DATED 23.02.2021
IN I.A.2/2021 IN WPC.3320/2021.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to give an interim direction to the respondents 1 to 4 to provide
sufficient and adequate police protection to the petitioner and workers
for leveling the land of the petitioner having an extent of 1 acre and 21
cents of land in R.S.No.3544 in Block No.73, Ward No.5,and Village 3 in
Palakkad District, subject to the result of this writ petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
07-07-2021 andupon hearing the arguments of M/S KALEESWARAM RAJ, VARUN
C.VIJAY, A.ARUNA, MAITREYI SACHIDANANDA HEGDE, Advocates for the
petitioners, GOVERNMENT PLEADER, for respondents 1 to 4 SRI.T.R.S.KUMAR,
SHRI.RADHEESH G, SMT.K.DEENA DEVIS, SMT.DEEPA R MENON, SHRI.MITHUN C
THOMAS, SHRI.AKSHAY JOSEPH ADHIKARAM,Advocates for respondents 5 to
7,SHRI.BINOY VASUDEVAN, SC, PALAKKAD MUNICIPALITY Advocate for the Addl.
respondent 8, the court passed the following
P.T.O.
WP(C) No.3320/2021 2/5
APPENDIX OF WP(C) 3320/2021
EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 18.08.2017 IN WP(C)
NO.26414/2016.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 8.12.2017 IN WA NO.
2266/2017.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 5.3.2018 IN WP(C)
NO.37663/2017.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 28.01.2019 IN COC
2341/2018.
EXHIBIT P16 TRUE COPY OF THE PHOTOGRAPH OF THE BOARD IS PLACED IN
FRONT OF THE PROPERTY.
EXHIBIT P17 TRUE COPY OF THE INTERIM ORDER DATED 04/12/2018 IN
COC.2341/2018.
WP(C) No.3320/2021 3/5
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).Nos. 3320 & 6591 of 2021
and
W.P.(C).No.22490 of 2019
----------------------------------------------
Dated this the 12th day of August, 2021
ORDER
Grievance of the petitioner is that there is obstruction
from respondents 5 to 7 in W.P.(C).No.3320 of 2021 for the
enjoyment of the petitioner's property comprised in
Re.Sy.No.3544 in Block No.73, Ward No.5, Village-III in
Palakkad District. Admittedly the Local Level Monitoring
Committee decided to include the property of the petitioner in
the notified data bank. The petitioner challenged Ext.P17 in
W.P.(C).No.6591 of 2021 mainly based on the judgment of this
Court in which this Court observed that this land is not a wet
land. The counsel takes me through Exts.P2, P3, P4, P6
judgments and Ext.P9 order of this Court produced in W.P.
(C).No.3320 of 2021. On a reading of those judgments, it is
clear that there is a finding from this Court that the property of
the petitioner is not a wet land. Then, how Ext.P17 produced in
WP(C) No.3320/2021 4/5
W.P.(C).Nos. 3320 & 6591 of 2021
and
W.P.(C).No.22490 of 2019
W.P.(C).No.6591 of 2021 is notified, is a matter to be decided
in the writ petition. Admittedly Ext.P17 is passed subsequent
to the judgments delivered by this Court.
2. The main apprehension from the side of the
petitioner is that there is threat from respondents 5 to 7 in
W.P.(C).No.3320 of 2021 for the normal day-to-day activities in
his property, alleging that as per Ext.P17 in W.P.(C).No.6591
of 2021, it is a notified property included in the data bank.
3. I do not want to make any observation at this stage.
But it is a fact that this Court already found that the property
of the petitioner is not a wet land. In such circumstances, the
party respondents cannot interfere with the day-to-day
activities in the property of the petitioner like agricultural
activities and development activities. If any agricultural
activities and development activities is done by the petitioner
in the property, that will be subject to the result of these writ
petitions.
Therefore, respondents 1 to 4 are directed to afford
adequate police protection to the petitioner for doing day-to-
day activities including agricultural activities and development
activities in the light of the judgments/orders of this Court in
WP(C) No.3320/2021 5/5
W.P.(C).Nos. 3320 & 6591 of 2021
and
W.P.(C).No.22490 of 2019
Exts.P2, P3, P4, P6 and P9 in W.P.(C).No.3320 of 2021. It is
made clear that in the guise of this order, the petitioner shall
not change the lie and nature of the land as on today.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
12-08-2021 /True Copy/ Assistant Registrar
