P.T.Joy vs Superintendent Of Police
2021 Latest Caselaw 20617 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                       WP(C) NO. 19737 OF 2021
PETITIONER:

          P.T.JOY
          AGED 60 YEARS
          S/O. LATE P.V.VARKEY, POTHANIKKATTU HOUSE, ST. FRANCIS
          XAVIER'S CHURCH ROAD, ERNAKULAM NORTH P.O., KOCHI-18.

          BY ADVS.
          BABU JOSEPH KURUVATHAZHA
          M.G.SREEJITH
          K.S.ARCHANA



RESPONDENTS:

    1     SUPERINTENDENT OF POLICE
          ERNAKULAM RURAL, ALUVA, ALUVA P.O., ERNAKULAM DISTRICT,
          PIN-683 101.

    2     INSPECTOR OF POLICE
          NORTH PARAVUR POLICE STATION, NORTH PARAVUR P.O.,
          ERNAKULAM DISTRICT, PIN-683 513.

    3     TAHSILDAR, TALUK OFFICE
          PARAVUR, PARAVUR P.O., ERNAKULAM DISTRICT, PIN-683 513.

    4     TALUK SURVEYOR
          PARAVUR TALUK, PARAVUR P.O., ERNAKULAM DISTRICT, PIN-
          683 513.

    5     VILLAGE OFFICER
          EZHIKKARA VILLAGE, EZHIKKARA P.O., PARAVUR TALUK,
          ERNAKULAM DISTRICT, PIN-683 513.

    6     K.K.RAJESH
          S/O. KOCHAPPAN, KAYIKODATHUPARAMBU HOUSE, NEAR VILLAGE
          OFFICE, EZHIKKARA, EZHIKKARA P.O., PARAVUR TALUK,
          ERNAKULAM DISTRICT, PIN-683 513.

    7     ARUNKUMAR
 WP(C) NO. 19737 OF 2021
                                  2

          S/O. ANIYAPPAN, ARATHARAPARAMBU HOUSE, NEAR PULINGANADU
          BRIDGE, EZHIKKARA, EZHIKKARA P.O., ERNAKULAM DISTRICT,
          PIN-683 513.

          BY ADV P.M.UNNI NAMBOODIRI




          SRI. E C BINEESH - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19737 OF 2021
                                    3



                              JUDGMENT

The petitioner alleges that respondents 6 and 7 are

obstructing him, while he is engaged in the task of strengthening

the outer bund of his property. The petitioner says that he,

therefore, preferred Ext.P13 complaint before respondents 1 and

2, but that no action was taken thereon, thus constraining him to

approach this Court through this writ petition.

2. When this matter was called today, Sri.Babu Joseph

Kuruvathazha - learned counsel for the petitioner, submitted that

on the strength of the interim order granted by this Court on

22.09.2021, his client has completed the construction and that no

further orders are necessary, except that police be directed to

ensure that respondents 6 and 7 do not take law into their own

hands in future.

3. Sri.Unni Namboothiri - learned counsel appearing for

respondents 6 and 7, controverted the afore submissions, saying

that petitioner has made constructions which are illegal and WP(C) NO. 19737 OF 2021

contrary to the provisions of various laws, including the Kerala

Conservation of Paddy Land and Wetland Act, 2008. He

submitted that, in fact, a Stop Memo has been issued by the

competent Authority against construction of the petitioner, but

that he has now used the interim order of this Court to violate it

with impunity. He, therefore, prayed that this writ petition be

dismissed.

4. Sri.E.C.Bineesh - learned Government Pleader

appearing for the official respondents, also affirmed that action

has been taken against the petitioner for having violated the

provisions of various laws; and thus prayed that this Court may

allow the said proceedings to be completed in terms of law. He,

however, added that in terms of the interim order of this Court,

police have ensured that there are no violations of law and order

in the area where the petitioner's property is situated.

5. When I consider the afore submissions, it is clear that,

on one hand, the petitioner claims right to construct a bund in his WP(C) NO. 19737 OF 2021

property; while on the other, the official respondents and the

party respondents say that he has done so illegally.

In the afore circumstances, I am of the view that this Court

will not be justified in entering into the merits of the allegations

and contra - allegations of the rival parties because, while acting

under the "police protection" jurisdiction, I am only enjoined to

ensure that law and order is maintained and lives of the parties

are sufficiently protected.

Resultantly, I allow this writ petition, directing the 1st

respondent to intervene only if any specific complaint is received

by him from the petitioner with respect to any violation of law by

any person; but to ensure that law and order in the area in

question is maintained, without any breach being committed by

any person in future.

As far as the official and party respondents are concerned,

they are at full liberty to initiate and pursue appropriate remedies

against the petitioner, thus culminating in necessary action under WP(C) NO. 19737 OF 2021

the various applicable laws; and I clarify that any of my

observations above will stand in the way of such action or orders

being issued in terms of law.

Sd/-

DEVAN RAMACHANDRAN

JUDGE SAS/05/10/2021 WP(C) NO. 19737 OF 2021

APPENDIX OF WP(C) 19737/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE DOCUMENT NO.2009/2020 DATED 6.10.2020 OF THE SUB REGISTRY, PARAVUR.

Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED 20.10.2020 ISSUED BY THE 5TH RESPONDENT, ON REMITTING THE LAND REVENUE TO THE PROPERTY.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 16.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE APPLICATION DATED 31.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4(A) TRUE COY OF THE RECEIPT ISSUED TO THE PETITIONER, ON RECEIPT OF EXT.P4.

Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 7.1.2021 IN WPC NO.23139/2020.

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 12.1.2021 ISSUED BY BY THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE NOTICE DATED 3.2.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF SKETCH OF THE PETITIONER'S PROPERTY, COMPRISED IN EXT.P1 DOCUMENT, SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE PROCEEDING DATED 6.7.2021 OF THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE NOTICE DATED 30.7.2021 ISSUED BY THE SECRETARY, EZHIKKARA GRAMA PANCHAYAT.

WP(C) NO. 19737 OF 2021

Exhibit P11 TRUE COPY OF THE APPEAL DATED 31.7.2021 SUBMITTED BY THE PETITIONER BEFORE THE EZHIKKARA GRAMA PANCHAYAT COMMITTEE.

Exhibit P12 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 2.9.2021 IN WPC NO.16027/2021.

Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 18.9.2021 SUBMITTED BY THE PETITIONER BEFORE THE IST AND 2ND RESPONDENTS.