Rosamma vs The State Of Kerala
2021 Latest Caselaw 14283 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                     WP(C) NO. 35149 OF 2019
PETITIONER:

            ROSAMMA,
            AGED 65 YEARS
            W/O. GEORGE(VARKEY), RESIDING AT AKKAPARAMBIL,
            PERUNTHODI, NEDUMPOYIL VILLAGE, KOLAYAD
            PANCHAYATH, THALASSERY-670650.
            BY ADV K.ASHIS


RESPONDENTS:

      1     THE STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
            HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.
      2     THE DISTRICT POLICE CHIEF,
            DISTRICT POLICE OFFICE, KANNUR-670001.
     *3     THE SUB INSPECTOR OF POLICE,        ( CORRECTED)
            KUNNAVAM POLICE STATION, KANNAVAM, KANNUR-670650.

            CORRECTED ADDRESS OF THE 3RD RESPONDENT
            SUB INSPECTOR OF POLICE, PERAVOOR POLICE STATION,
            PERAVOOR, KANNUR.

            THE ADDRESS OF THIRD RESPONDENT IS CORRECTED AS
            PER THE ORDER DATED 10-02-2020 IN I.A. 01/2020
      4     K.K. RADHAKRISHNAN
            MANAGING PARTNER, K K BUILDERS, KOLANDHRA HOUSE,
            MELMURINGODI, PERAVOOR, KANNUR-670673.


            R1 TO R3 BY SRI.N.B.SUNIL NATH, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.07.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.35149/2019

                                      2


                   P.V.KUNHIKRISHNAN, J.
                     -------------------------------
                   W.P.(C).No.35149 of 2019
             ----------------------------------------------
            Dated this the 08th day of July, 2021


                                JUDGMENT

This writ petition is filed with following prayers:

i. To issue an appropriate writ, order or direction commanding the third respondent to provide adequate and substantial, and sufficient police protection to the life and property of the petitioner, against the illegal demands for surrender of property without any legal sanction and threats directed at her and her family to demolish the boundary wall and further give her property away for road widening by the fourth respondent or his men and agents, which is in detail described in Ext.P5, in the interest of justice.

ii. To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.

2. When this writ petition came up for consideration

before this Court on 19.12.2019, this Court passed the

following order:

W.P.(C).No.35149/2019

"Admit.

Government Pleader takes notice for respondents 1 to 3. Issue notice by special messenger to the fourth respondent.

Pending disposal of the writ petition, the third respondent shall ensure that the petitioner is not compelled by anybody to surrender any portion of the property in his possession, as referred to in the writ petition."

3. The dispute is between the petitioner and the 4 th

respondent about the widening of a road. According to the

petitioner, the 4th respondent is the road contractor. Today,

when the matter came up for consideration, the Government

Pleader submitted that there is no law and order issue now

and if there is any such problem, the Station House Officer

concerned will do the needful.

In the light of the above submission, this writ petition

can be disposed retaining the interim order, with following

further directions:

1. If there is any law and order issue, the

petitioner is free to approach the Station

House Officer concerned with a complaint.

2. If such a complaint is received, the Station W.P.(C).No.35149/2019

House Officer will do the needful in

accordance to law, in the light of the interim

order passed.

With the above observations, this writ petition is

disposed of.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.35149/2019

APPENDIX OF WP(C) 35149/2019

PETITIONER ANNEXURE EXHIBIT P1 A TRUE COPY OF THE DOCUMENT BEARING NUMBER 3899 OF 2012 OF SRO PERAVOOR EXHIBIT P2 A TRUE COPY OF THE LAND TAX RECEIPT ISSUED TO THE PETITIONER.

EXHIBIT P3 A TRUE COPY OF THE BUILDING TAX RECEIPT ISSUED TO THE PETITIONER. EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE DOCTOR OF THE DAUGHTER OF THE PETITIONER.

EXHIBIT P5 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 30.11.2019.

EXHIBIT P6 A TRUE COPY OF THE RECEIPT ISSUED BY THE THIRD RESPONDENT DATED 2.12.2019.