Kerala High Court
T.R.Krishnan vs State Of Kerala on 7 July, 2021
WP(C) No.3320/2021 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 7th day of July 2021 / 16th Ashadha, 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 coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon 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
WP(C) No.3320/2021 2/6
Exhibit P2: True copy of the judgment dated 18-8-2017 in WPC No.26414/2016
Exhibit P3: True copy of the judgment dated 8-12-2017 in W.A.No.2266/2017
Exhibit P9:True copy of the order dated 28-01-2019 in COC 2341/2018
WP(C) No.3320/2021 3/6
WP(C) No.3320/2021 4/6
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) No.3320 of 2021
--------------------------------------
Dated this the 7th day of July, 2021
ORDER
I have heard Sri.Kaleeswaram Raj, the learned counsel appearing for
the petitioner, the learned Government Pleader and the learned counsel
appearing for the party respondents.
2. It appears that late Janaki Amma had earlier approached this
Court by filing W.P.(C) No.26414 of 2016 challenging stop memos issued
by the Village Officer in respect of property having an extent of 1 Acre 21
cents in Re.Sy.No.3544 in Block No.73, Ward No.5, Village III in Palakkad
District. A learned Single Judge of this Court quashed the stop memos by
Ext.P2 judgment and held that the petitioner would be entitled to put the
land for any legitimate use. The fact that the land involved is not
included in the Data Bank by the Palakkad Municipality was also taken
note of. Though the matter was taken up in appeal, by Ext.P3 judgment
dated 8.12.2017, the judgment of the learned Single Judge was confirmed.
While confirming the judgment, their Lordships had occasion to hold that
the land in question would not qualify to be a water body to attract the
provisions of Rule 5 of the Kerala Municipality Building Rules.
WP(C) No.3320/2021 5/6
3. Later, a stop memo was issued to the petitioner on the
premise that the property which is the subject matter of the litigation is a
paddy land/wetland under the Kerala Conservation of Paddy Land and
Wetland Act, 2008. The said proceeding was challenged before this Court
and by Ext.P4 judgment dated 5.3.2018, the memos were quashed.
However, it was made clear that if the local authority proposes to acquire
the land, they may do so, but in accordance with the provisions of Act 30
of 2013.
4. Later, Smt. Janaki Amma approached this Court and filed
W.P.(C) No.28937 of 2018 seeking police protection to her life and
property and that of her workers to level the property involved in the
earlier litigations. After a detailed evaluation of the facts and
circumstances and also the previous judgments passed by this Court, their
Lordships of the Division Bench had observed that the police were bound
to interfere if there was any threat to law and order.
5. Alleging non-compliance, Contempt Case (Civil) No.2341 of
2018 was filed and by Ext.P9 order, the police were directed to give
protection for the earth filling activities. During the pendency of the
contempt case, Janaki Amma expired. Later, compliance was reported and
the case was closed.
6. The learned counsel contends that still the landowner is
WP(C) No.3320/2021 6/6
prevented from levelling the land. The legal representatives have
approached this Court seeking directions.
7. In the counter affidavit filed by the 3rd respondent, it is stated
that on examination of the records maintained in the Village office, it was
found that the property is included in the Data Bank.
8. The learned counsel submits that the document was brought
in existence to put restrictions into the rights of the land owner. He would
point out that this finding is also contrary to what was held by this Court in
Ext.P2 judgment.
9. However, I find that the petitioner herein has challenged the
said report by filing W.P.(C) No.6591 of 2021 and the same is pending
consideration of this Court. It is only just and proper that both these
matters are heard together to avoid conflict.
Tag this matter along with W.P.(C) No.6591 of 2021 and post after
ten days.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
07-07-2021 /True Copy/ Assistant Registrar
