Anad Grama Panchayath vs The State Police Chief
2021 Latest Caselaw 20855 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                      WP(C) NO. 19591 OF 2021
PETITIONER:

          ANAD GRAMA PANCHAYATH,
          ANAD P.O, NEDUMANGAD TALUK, THIRUVANANTHAPURAM
          DISTRICT, PIN-695 541, REPRESENTED BY ITS SECRETARY.

          BY ADV
          SRI.R.B.RAJESH



RESPONDENTS:

    1     THE STATE POLICE CHIEF,
          POLICE HEAD QUARTERS, VAZHUTHACAUD,
          THIRUVANANTHAPURAM, PIN-695 010.

    2     THE DEPUTY SUPERINTENDENT OF POLICE,
          NEDUMANGAD RURAL, NEDUMANGAD TALUK,
          THIRUVANANTHAPURAM DISTRICT, PIN-695 541

    3     THE STATION HOUSE OFFICER,
          NEDUMANGAD POLICE STATION, NEDUMANGAD P.O,
          THIRUVANANTHAPURAM DISTRICT, PIN-695 541

    4     BIJU S,
          AGED 43 YEARS
          S/O. SAMUEL, THADATHARIKATHU VEEDU,
          SMITHA BHAVAN, VADAKKEKONAM, KOLLA,
          PANAVOOR P.O, NEDUMANGAD TALUK,
          THIRUVANANTHAPURAM DISTRICT, PIN-695 568.

    5     ALEXANDER,
          AGED 61 YEARS
          S/O.KUNJIKRISHNAN PILLAI M,
          VADAKKEKONAM, KOLLA, PANAVOOR P.O,
          NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT,
          PIN-695 568

    6     RAJENDRAN NAIR,
          AGED 65 YEARS
          S/O.KUNJIKRISHNAN PILLAI M,
          VADAKKEKONAM, KOLLA, PANAVOOR P.O,
 WP(C) NO. 19591 OF 2021           2

             NEDUMANGAD TALUK,
             THIRUVANANTHAPURAM DISTRICT,     PIN-695 568

           BY ADV
           SRI.J.G.SYAMNATH
           SRI E C BINEESH - GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.10.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 19591 OF 2021                3

                                    JUDGMENT

The petitioner Panchayat has approached this

Court seeking Police protection for completion of a

work in connection with the 'Ambedkar Gramam

Project'.

2. However, the learned counsel for the 4th

respondent, submits that the Tribunal for Local Self

Government Institutions, Thiruvananthapuram, has

already stayed the said work, as is evident from

Ext.R4(b) order.

3. I notice that this writ petition was filed on

16.09.2021, while Ext.R4(b) order was passed on

17.09.2021. Obviously, therefore, the petitioner was

not aware of any proceedings against them at the

time when this writ petition was filed and

therefore, one cannot find fault with them in having

approached this Court. However, as at present, the

petitioner cannot carry on any work, as long as

Ext.R4(b) order is in force.

In the afore circumstances I close this writ

petition, directing the 3rd respondent - Station

House Officer to ensure that law and order is

maintained in the area in question, without any

breach being committed by any person including

respondents 4 to 7; however, making it clear that in

the event the Panchayat is able to have Ext.R4(b)

order vacated in terms of law and thus obtains

competence to make the construction, then they will

be at liberty to approach the 3rd respondent with an

appropriate application, in which event, necessary

protection shall be given to them and their

employees at that time.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/6.10

APPENDIX OF WP(C) 19591/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE MINUTES RECORDING DECISION TAKEN IN A MEETING HELD BY THE PETITIONER ON 31.01.2020.

Exhibit P2 TRUE COPY OF THE DECISION TAKEN BY THE PANCHAYATH COUNCIL TAKEN ON 27.02.2020.

Exhibit P3 TRUE COPY OF THE VADAKKEKONAM BENEFICIARY LIST PREPARED BY THE ANAD GRAMA PANCHAYATH.

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 07.09.2021, FILED BY THE PETITIONER BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGAD.

RESPONDENT EXHIBITS

Exhibit R4(a) A TRUE COPY OF THE COMPLAINT DATED 07/09/2021 SUBMITTED BY THE 4TH RESPONDENT AND OTHERS BEFORE THE PETITIONER.

Exhibit R4(b) A TRUE COPY OF THE ORDER OF THE HON'BLE TRIBUNAL FOR LOCAL SELF-GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM IN I.A.NO.935/2021 IN APPEAL NO.435/2021.