P.S.Muhammed @ Monu Haji vs The State Of Kerala
2021 Latest Caselaw 2664 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                       WP(C).No.23773 OF 2020(V)




PETITIONER:

                P.S.MUHAMMED @ MONU HAJI,
                S/O UNNEEN, POKKAKKILATHU HOUSE,
                CHIRANELLUR P.O., THALAPPILLI,
                THRISSUR DISTRICT, PIN-680 501.

                BY ADV. SRI. PEEYUS A KOTTAM


RESPONDENT/S:

      1         THE STATE OF KERALA,
                REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME
                AFFAIRS, THIRUVANANTHAPURAM, PIN-695 001.

      2         SUPERINTENDENT OF POLICE (RURAL),
                KALYAN NAGAR, AYYANTHOLE, THRISSUR DISTRICT,
                PIN-680 003.

      3         CIRCLE INSPECTOR OF POLICE,
                KUNNAMKULAM CIRCLE, TALAPPILLY TALUK,
                THRISSUR DISTRICT, PIN-695 542.

      4         PANCHAYATH SECRETARY,
                CHOONDAL GRAMA PANCHAYATH OFFICE,
                KECHERY P.O., THRISSUR DISTRICT, PIN-680 501.

      5         AHAMMED,
                AGED 73 YEARS,
                S/O KUNJIBAPPU, MADAPPATTU PARAMBIL HOUSE,
                CHIRANELLUR P.O., TALAPPILLY TALUK,
                THRISSUR DISTRICT, PIN-680 501.
 WP(C).No.23773 OF 2020            2




      6      HAJIRA,
             AGED 47 YEARS,
             W/O ABUBAKKER, MADAPPATTU PARAMBIL HOUSE,
             CHIRANELLUR VILLAGE, CHIRANELLUR P.O.,
             TALAPPILLY TALUK, THRISSUR DISTRICT,
             PIN-680 501.

      7      CHOONDAL GRAMA PANCHAYATH OFFICE,
             REPRESENTED BY ITS SECRETARY,
             KECHERY P.O.,THRISSUR DISTRICT,
             PIN-680 501.

             R7 BY ADV. SRI.DEEPU THANKAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23773 OF 2020                       3




                                JUDGMENT

The Choondal Grama Panchayat took a decision to construct the

Chiranalloor - Monuhaji road and awarded the contract to a contractor.

According to the petitioner, under the guise of widening of the road, the party

respondents are attempting to encroach upon the property of the petitioner. It

is specifically contended that the respondents 5 and 6, who are his relatives

with whom he has property disputes, are instrumental in persuading the

panchayat authorities to carry out the construction. He contends that when he

attempted to construct a boundary, the party respondents instituted a suit and

obtained an order of injunction. Though the petitioner had lodged his

objections before the Secretary of the Panchayat, the construction is being

proceeded with. According to him, the 3rd respondent summoned him to the

police station and the petitioner was threatened and he was asked to cooperate

with the road works. Being aggrieved, the petitioner is before this Court

seeking to interdict the 4th respondent from proceeding with the construction of

the road work and for a further direction to the 3rd respondent to refrain from

harassing the petitioner.

2. It is submitted by the learned counsel appearing for the petitioner

that seeking the very same relief and after impleading the contractor who has

been awarded with the construction work, the petitioner has filed W.P. (C) No.

24087 of 2020 and the same is pending. It is further submitted that as the

construction of the road was completed during the pendency of the writ petition

on the strength of the order granting police protection to the contractor, the

petitioner has filed an application seeking to amend W.P.(C ) No 24087 of 2020.

3. I have heard the learned standing counsel appearing for the

panchayat and the counsel appearing for the party respondents.

4. I find that the petitioner has filed a comprehensive writ petition

incorporating subsequent events and the said writ petition is pending before this

Court. The prayers sought for are almost the same. In that view of the matter,

this writ petition is closed, reserving the right of the petitioner to prosecute

W.P.(C ) No 24087 of 2020.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 23773/2020

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF PLAINT IN ORIGINAL SUIT NO.401/2017 OF MUNSIFF COURT, WADAKKANCHERY.

EXHIBIT P2 THE TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S. NO.401/2017 OF MUNSIFF COURT, WADAKKANCHERRY.

EXHIBIT P3 THE TRUE COPY OF THE APPLICATION UNDER RTI DATED 14.6.2017.

EXHIBIT P4 THE TRUE COPY OF REPLY DATED 12.7.2017 ISSUED BY THE OFFICE OF 4TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF COMPLAINT DATED 2.11.2020 FILED BY PETITIONER BEFORE 3RD RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 2.11.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF COMPLAINT DATED 2.11.2020 FILED BY PETITIONER BEFORE THE 4TH RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL

/TRUE COPY/

P.A. TO JUDGE