Kerala High Court
Shyla Shaji vs State Of Kerala on 2 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
WP(C).No.21331 OF 2020(N)
PETITIONERS:
1 SHYLA SHAJI
AGED 55 YEARS
W/O. LATE SHAJI THOMAS, KANNADICKAL HOUSE,
MAKKAPUZHA P.O., CHETHAKKAL VILLAGE, RANNI TALUK,
PATHANAMTHITTA DISTRICT,PIN-689 676
2 PATHROSE S.KANNADICKAL
AGED 26 YEARS
S/O. LATE SHAJI THOMAS, KANNADICKAL HOUSE,
MAKKAPUZHA P.O., CHETHAKKAL VILLAGE, RANNI TALUK,
PATHANAMTHITTA DISTRICT, PIN-689 676
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
SHRI.MANU SANKAR P.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001
2 DISTRICT COLLECTOR,
CIVIL STATION, PATHANAMTHITTA, PIN-689 645
3 DISTRICT POLICE CHIEF,
PATHANAMTHITTA, MAKKAMKUNNU,
PATHANAMTHITTA, PIN-689 645
4 CIRCLE INSPECTOR OF POLICE,
RANNI POLICE STATION,
PATHANAMTHITTA DIST, PIN-689 672
5 ASST.EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT (ROADS SUB DIVISION), RANNI,
PATHANAMTHITTA DIST,PIN-689 672
6 SHAJI K.J. @ SHAJI KUNNUMPURATH
KUNNUMPURATHU HOUSE, EDAMON P.O., RANNI, PIN-689 676
WP(C).No.21331 OF 2020 2
7 ABRAHAM THOMAS @ ANIL THUNDIYIL,
S/O.T.A.THOMAS, THUNDIYIL HOUSE,
CHELLAKADU P.O., RANNI TALUK, PIN-689 677
8 DENNI ANSON THOMAS,
AGED 37 YEARS
S/O. ANSON THOMAS, KANNDICKAL HOUSE, EDAMON P.O.,
CHETHAKKAL VILLAGE, RANNI TALUK,
PATHANAMTHITTA DISTRICT,PIN-689 676
9 RAJI MATHEW,
CONTRACTOR, PAMPLANIYIL HOUSE, BHARANANGANAM P.O.,
KOTTAYAM, PIN-686 578
R6-8 BY ADVS. SRI.P.HARIDAS
SRI.BIJU HARIHARAN
SRI.R.B.BALACHANDRAN
SRI.RENJI GEORGE CHERIAN
SRI.P.C.SHIJIN
SRI.RISHIKESH HARIDAS
R9 BY ADVS. SRI.SANTHOSH MATHEW
SRI.ARUN THOMAS
SRI.JENNIS STEPHEN
SRI.VIJAY V. PAUL
SMT.KARTHIKA MARIA
SMT.VEENA RAVEENDRAN
SRI.ANIL SEBASTIAN PULICKEL
SMT.DIVYA SARA GEORGE
SMT.JAISY ELZA JOE
SHRI.ABI BENNY AREECKAL
SMT.LEAH RACHEL NINAN
SRI PP THAJUDEEN, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21331 OF 2020 3
JUDGMENT
The 1st petitioner is the mother of the 2nd petitioner. They, along
with the other children of the 1st petitioner, are the co-owners of property
having an extent of 1.42 Ares together with a building bearing No.2/494-
497 therein, situated within the limits of Ranni-Pazhavangadi Village.
2. The petitioners state that their property is situated by the side
of the Mannamaruthi-Vechoochira PWD road, which is having a width of 5.5
metres. A section of the people led by the party respondents formed a
dubious organization by name 'Road Vikasana Samithi' and started a
campaign to widen a recently tarred road with width of 5.5 metres to a
width of 11 metres. For the purpose of widening the road, they approached
the property owners on either sides of the road and demanded that they
should surrender portions of their property. When the property owners
refused to accede to the demand, threats were made. Being aggrieved, W.P.
(C) No.18680/2020 was filed before this Court by certain individuals
complaining of compulsory acquisition without complying with the provisions
of Act 30 of 2013. This Court by order dated 11.9.2020 interdicted any such
acts.
3. The petitioners contend that on 26.8.2020, a group of persons
numbering about 50 led by the party respondents used earth movers and
other heavy machinery and demolished portions of the building owned by
the petitioners. By their acts, the petitioners have sustained a loss of about
Rs.1 lakh. Though a complaint was lodged before the police, no action was
taken. Thereafter on 22.9.2020, the same group of people again unlawfully
assembled with weapons and after bursting fire crackers to intimidate the
local residents, demolished the boundary walls and gates of various houses
and carved out portions of the private property for the purpose of widening
the road. The entire incident was recorded on a mobile phone camera and
Ext.P11 are the video clippings saved on a pendrive. According to the
petitioners, the absolute lawlessness and brutality of the act committed by
the party respondents and their henchmen can be seen from the clippings.
Certain political leaders, officers of the PWD and the police are alleged to
have supported the acts of the miscreants. The petitioners contend that
though the police were intimated about the anarchy caused by the mob,
they took a passive stand. Much later, two crimes were registered, however,
by incorporating minor offences. The main culprits were left out and the
offences under the Prevention of Destruction of Public Property Act was not
added. The petitioners contend that they are being threatened with
physical harm by the respondents and they have been told that unless the
property is surrounded without any demur, they would take steps to take
over the same by force. The petitioners contend that such threats made by
the party respondents are illegal and that they cannot be deprived of the
property except as per the procedure established by law.
4. It is in the above backdrop, the petitioners are before this Court
seeking a direction to respondent Nos.3 and 4 to render adequate and
effective protection to the life and property of the petitioners. The
petitioners have sought for a direction to the 2nd respondent to consider
Ext.P9 complaint and take appropriate action against the errant officers.
They have also sought for a direction to the respondents 3 and 4 to initiate
stringent action on Ext.P10 submitted by them.
5. The learned Government Pleader has filed a statement for and
on behalf of the 4th respondent. It is stated therein that certain persons
claiming to be members of the Road Welfare Committee unlawfully
assembled on 26.8.2020 and on 27.08.2020 and trespassed into the
properties situated in either side of the Mandamaruthi-Vechoochira public
road and demolished the constructions and caused monetary loss to the
owners. It is stated that the complaint lodged by the petitioners was
forwarded to the Ranni Police Station and a crime has been registered.
About 28 accused have been identified and they were later released on
bail. It is further stated that after the registration of the crime, 17 other
persons had lodged separate complaints with regard to the commission of
offences. However, since a crime has already been registered, the police
have decided not to register any fresh crimes. The rest of the victims have
been arrayed as witnesses in the crime which was registered.
6. The respondents 6 to 8 have filed a counter denying the
contentions. According to the said respondents, the petitioners herein are
the wife and son of the late brother of 8th respondent's father. They have
properties lying contiguous to the property owned by the petitioners. With
intent to carve out properties owned by the said respondents , they have
approached this Court and have filed this writ petition raising frivolous
allegations, contends the said respondents.
7. I have considered the submissions advanced and have perused
the records made available. I have also had the opportunity to go through
the photographs which have been produced as Exhibit P5 and also the
clippings of the incident captured using a mobile phone camera and
produced as Exhibit P11.
8. From the materials before this Court as well as the statement
filed by the learned Government Pleader, it is apparent that absolute
lawlessness prevailed in the area on 26.8.2020 and 22.9.2020. Properties of
private individuals on either side of the road were encroached upon by force
and the structures put up by them were demolished using earth movers.
The learned Government pleader as well as the learned counsel appearing
for the Panchayat fairly submitted that no steps were taken by the
competent authority or the local authority to compulsorily acquire any
portion of land for a bona fide public purpose invoking the provisions of Act
30 of 2013. The clippings would show that residents of the area who had
objected to the illegal demolition were assaulted by the mob. Not even a
single law enforcement officer is seen anywhere near the scene of crime,
which corroborates the contention of the learned counsel appearing for the
petitioners that the demolition was carried out with the blessings of certain
individuals with influence. No crime was even registered and they waited for
receipt of a complaint to be lodged by the victim. Several persons on either
side of the road were assaulted and their properties were encroached upon,
not on one day, but on separate days. Admittedly, only a single crime has
been registered and that too against 17 individuals. There cannot be any
doubt that the transactions are independant and spread over days. The
proximity of time, unity or proximity of place, continuity of action and
community of purpose of design are the elements for consideration,
whether the independent acts form part of the same transaction or are
separate and distinct transactions. In that view of the matter, there is no
justification on the part of the police in refusing to register separate crimes.
Obviously this is with the objective of helping offenders.
9. As a matter of fact the police have the responsibility to act on
the information if they have reason to apprehend that such direct action has
the potential of causing destruction of public or private property, they were
bound to prevent the same. They were bound to record the entire incident
by availing suitable methods as has been held by the Apex Court in In
Re:Destruction Of Public & Private Properties vs State Of A.P. &
Ors [2009 (5) SCC 212]. The said video could have been used to pin down
the accused. Fortunately, in the instant case, private individuals have
recorded the videos of the incident and the same has been forwarded to the
police.
10. Grave injustice has resulted in the manner in which the matter
was dealt with by the police and the administration. In that view of the
matter, this Court in the exercise of its jurisdiction under Article 226, will be
well justified in issuing directions to compel the performance in a proper
and lawful manner of the discretion conferred upon the Government or a
public authority, and in a proper case, in order to prevent injustice resulting
to the concerned parties.
In the result, the following directions are issued:
a) The respondents 3 and 4 shall render protection to the
life and property of the petitioners and also ensure that the right
of the petitioners over building bearing No.2/494-497 of Ranni -
Pazhavangadi Panchayat are not interfered with by the
respondents except as per the procedure established by law.
b) The 2nd respondent shall take up Ext.P9 representation
submitted by the petitioners and convene a meeting with
respondents 3 and 4 within a period of one month from today.
They shall take appropriate steps to bring the miscreants who
were involved in the incidents which took place on 26.8.2020,
27.8.2020 and 22.9.2020 and those persons who are seen in the
video clippings produced as Ext.P11 to justice. The 2nd
respondent shall ascertain as to whether any subordinate officer
was guilty of any laches and if found so, appropriate action shall
be taken.
c) The 3rd respondent shall look into Ext.P10 complaint
submitted by the petitioners and evaluate as to whether the non
registration of independent crimes against the perpetrators has
resulted in injustice. The said respondent shall also monitor the
investigation and ensure that the persons responsible for the
incident on 26.8.2020, 27.8.2020 and 22.9.2020 are brought to
justice. If proper offences have not been incorporated, necessary
directions shall be given to the investigating officer. It shall also
be ensured that a fair and honest officer with good investigative
prowess is entrusted with the investigation.
d) The respondents 2 and 3 shall file an action taken
report before this Court positively on or before 5.4.2021.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT
BEARING NO.KL-030409042113/2002 DATED
12.08.2020 ISSUED FROM THE PAZHAVANGADI
VILLAGE OFFICER
EXHIBIT P2 TRUE COPY OF THE LOCATION CERTIFICATE
BEARING NO.1234 DATED 15.11.2016 ISSUED
BY THE VILLAGE OFFICER, PAZHAVANGADI
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 11/09/2020
IN WPC NO.18680 OF 2020 OF THIS HON'BLE
COURT
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 23.09.2020
ISSUED BY THOMAS VARGHESE
EXHIBIT P4A THE REPLY DATED 25.09.2020 ISSUED BY THE
ASST ENGINEER,PWD ROADS SECTION, RANNI
EXHIBIT P5 TRUE PHOTOGRAPHS (4NOS) SHOWING THE
CONDITION OF BUILDING OWNED BY THE
PETITIONERS
EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED
25.09.2020 ISSUED FORM THE RANNI POLICE
STATION
EXHIBIT P7 TRUE PRINT OUT OF THE SCREENSHOTS (4
PHOTOS) SHOWING INCIDENTS LEADING TO
FORCEFUL DEMOLITION OF COMPOUND WALL AND
GATE OF M.RAMESH
EXHIBIT P8 TRUE PRINT OUT OF THE SCREENSHOTS (4
PHOTOS) SHOWING INCIDENTS LEADING TO
VANDALIZING OF THE PROPERTY OF LATHA
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED
05.10.2020 SUBMITTED BY THE PETITIONERS
BEFORE THE 2ND RESPONDENT
EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED
05.10.2020 SUBMITTED BY THE PETITIONERS
BEFORE THE 3RD RESPONDENT
EXHIBIT P11 PEN DRIVE CONTAINING VIDEO FILES.
EXHIBIT P12 TRUE COPY OF THE PARTITION DEED NO
2006/2011 OF RANNI SRO
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
