Angela Reshmi Vincent vs The Station House Officer
2021 Latest Caselaw 22369 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                          WP(C) NO. 22702 OF 2021
PETITIONER:

              ANGELA RESHMI VINCENT
              AGED 43 YEARS
              W/O JOSE BEN ROSHANDALE, MUKUNDAPURAM, CHAVARA,
              KOLLAM, KERALA-691 585.
              BY ADV JOMY K. JOSE


RESPONDENTS:

     1        THE STATION HOUSE OFFICER
              KAVANAD POLICE STATION, N.H.47, RAMANKULANGARA,
              KOLLAM-691 003.
     2        THE DISTRICT POLICE CHIEF
              POLICE COMMISSIONER'S OFFICE, MUNDAKKAL, KOLLAM
              CITY, KERALA-691 001.
     3        B. RADHAKRISHNAPILLI,
              HOUSE NO 8, RAMANKULANGARA NAGAR, KOLLAM-691 003.




              SRI.E C.BINEESH - GP



      THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON

09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                  2

W.P.(C)No. 22702 of 2021




                           JUDGMENT

Dated this the 9th day of November, 2021.

The petitioner alleges that 3rd respondent is allegedly

demolishing a portion of the compound wall constructed by

her on the southern side of her property; and therefore,

that she was forced to prefer Ext.P3 before the 1st

respondent - Station House Officer, seeking protection for

herself and her employees to reconstruct the said wall.

The petitioner alleges that, however, no action was taken

thereon; thus constraining her to approach this Court

through this writ petition.

2. In response, Sri.Rajesh Murali - learned counsel

appearing for the 3rd respondent, submitted that a counter

affidavit has been filed on record, wherein, the true facts

W.P.(C)No. 22702 of 2021

have been averred. He submitted that the petitioner is

attempting to construct the compound wall without

obtaining any permission from the Municipality; and,

therefore, that what is being now attempted is to obtain

orders from this Court and to accomplish an illegal action.

3. In reply, Sri.Jomy K.Jose - learned counsel for

the petitioner, submitted that his client has already

completed the construction of the wall, but that the same

is being knocked down by the 3rd respondent from time to

time. He submitted that for reconstructing the knocked

down portion of the wall, no permission of the Municipality

is required, particularly because his client only wants to lay

the property in front using interlock tiles.

4. When I consider the afore submissions, it is

inevitable that as long as the petitioner only requires

construction of a compound wall or to tile the property

W.P.(C)No. 22702 of 2021

within her ownership and possession, the 3 rd respondent

cannot cause any obstruction; but if she wants to

reconstruct the compound wall in any manner, she will

have to obtain permission from the Municipality.

In the afore perspective, I order this writ petition and

direct the 1st respondent to afford necessary and adequate

protection to petitioner and her employees when they tile

her property within its boundaries, without any

interference from the 3rd respondent or any other person.

As regards the compound wall, the petitioner will be

granted protection to complete the same, provided she

obtains necessary permissions from the Municipality and

this shall be ensured by the 1st respondent appropriately.

As far as the 3rd respondent is concerned, I leave

open all his contentions to be pursued appropriately, which

he may do so before the competent Authority, Forum or

W.P.(C)No. 22702 of 2021

Court; but shall not take law into his own hands or cause

any physical obstruction to the petitioner or her

employees, but will be at liberty to bring any wrong

conduct on her part to the notice of the 1 st respondent,

who shall thereupon take necessary action as per law.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Raj/09.11.2021.

W.P.(C)No. 22702 of 2021

APPENDIX OF WP(C) 22702/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROPERTY TAX RECEIPT ISSUED BY KOLLAM CORPORATION DATED 22.9.2021 Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE LAND REVENUE DEPARTMENT VIDE NO KL-01-030705263/2021 DATED 27.4.2021 Exhibit P3 TRUE COPY OF THE POLICE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 18.9.2021 Exhibit P4 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT POSITION OF THE CONSTRUCTION OF THE COMPOUND WALL