Selvaraj vs The State Of Kerala
2021 Latest Caselaw 18034 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                      WP(C) NO. 3608 OF 2021
PETITIONERS:
     1     SELVARAJ
           AGED 56 YEARS
           S/O.THEPPILOSE NADAR, VALIYAVILA KARAKKADU
           PUTHUVALPUTHENVEEDU, KULATHOOR DESOM, KULATHOOR
           VILLAGE, UCHAKKADA POST, NEYYATTINKARA TALUK,
           TRIVANDRUM DISTRICT, PIN-695 506.

    2     PUSHPAM,
          AGED 53 YEARS
          W/O.SELVARAJ, VALIYAVILA KARAKKADU PUTHUVALPUTHENVEEDU,
          KULATHOOR DESOM, KULATHOOR VILLAGE, UCHAKKADA POST,
          NEYYATTINKARA TALUK, TRIVANDRUM DISTRICT, PIN-695 506.

          RINU. S. ASWAN
          SMT.M.ARDRA KRISHNAN


RESPONDENTS:
     1     THE STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HOME
           DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
           PIN-695 001.

    2     THE CIRCLE INSPECTOR OF POLICE,
          POZHIYOOR POLICE STATION, VIRALY ROAD, POZHIYOOR,
          TRIVANDRUM DISTRICT, PIN-695 513.

    3     ARTHUR DAVID,
          AGED 55 YEARS
          S/O.THEPPILOS NADAR, VALIYAVILA KARAKKADU PUTHUVAL
          PUTHENVEEDU, KULATHOOR DESOM, KULATHOOR VILLAGE,
          UCHAKKADA POST, NEYYATTINKARA TALUK, TRIVANDRUM
          DISTRICT, PIN-695 506.

          SRI.MATHEW KURIAKOSE
          SHRI.MONI GEORGE

          SRI E.C BINEESH- GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3608 OF 2021
                                  2


                             JUDGMENT

The petitioners have approached this Court alleging

that the third respondent is illegally obstructing them,

while they were attempting to make a construction strictly

in terms of Ext.P1 decree of a competent Civil Court and on

the strength of Ext.P5 NOC granted by the Local Self

Government institution.

2. The petitioners say that the third respondent is the

brother of the first among them and that there were certain

disputes between them, which finally led to a decree passed

under compromise and he points out that under it, a certain

extent has been alloted to them on which alone they say

they are making the construction.

3. The petitioners allege that in spite of the above, the

third respondent persists in creating harassment to them,

and therefore, that the second petitioner preferred Exts.P7

and P9 petitions before the second respondent for

protection; but that when the Police did not act as per it,

they have been constrained to approach this Court through

this writ petition.

WP(C) NO. 3608 OF 2021

4. The petitioners, therefore, pray that the second

respondent be directed to afford effective and adequate

protection to them, while they complete the construction on

the strength of Ext.P5 and Ext.P1, without any let or

hindrance from the third respondent and his men.

5. The afore submissions of Sri.Rinu S.Aswan, the

learned counsel for the petitioners, were vehemently

opposed by Sri.Mathew Kuriakose, learned counsel

appearing for the third respondent, asserting that the

property which is now being claimed by the petitioners do

not belong to them exclusively and that another brother of

theirs have rights over the same. He submitted that at the

time when Ext.P1 was entered into, there was an assurance

given by the petitioners that they will obtain necessary

release deed from the other brother, but that in violation of

the same, they are now making construction, which, he says,

is illegal and unlawful. Sri.Mathew Kuriakose, therefore,

submitted that though his client does not intend to cause

any physical harm or to mete out any threat or intimidation

to the petitioners, construction in the property may not be WP(C) NO. 3608 OF 2021

allowed under the guise of orders from this Court.

6. The learned Government Pleader, Sri.E.C.Bineesh,

submitted that the Police Authorities have ensured that

there is no infraction of law and order in the area in

question and that they have implicitly acted as per the

interim order of this Court dated 11.02.2021. He submitted

that a constant vigilant in the area is being maintained by

the second respondent and therefore, prayed that this writ

petition be disposed of.

7. When I hear the rival parties as afore, it is

indubitable that the Police have no role to play in the civil

disputes between them. However, as is evident from

Exts.P1 and P5, the petitioners are stated to be making

certain constructions in their property on the strength of a

valid judgment and permissions. Obviously, therefore, if the

third petitioner has any cause against it, his remedy is to

approach the competent Authority or the competent Court

and seek reliefs against the petitioners, but he cannot take

law into his own hands or to cause obstruction physically, by

himself or through his associates. WP(C) NO. 3608 OF 2021

8. In the afore circumstances, I allow this writ petition

and direct the second respondent to ensure that the third

respondent does not take law into his own hands or that he

and his associates do not cause any physical obstruction to

any activity being carried on by the petitioners on the

strength of Ext.P1 and Ext.P5; however, leaving full liberty

to him to approach the competent Authority or the

competent Court for ventilation of his grievances, including

seeking interdictory orders against the petitioners.

Needless to say, if Ext.P1 is altered, modified or

vacated by a process of law, then the petitioners will abide

by the same and my afore directions will stand modulated to

such effect.

sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 3608 OF 2021

APPENDIX OF WP(C) 3608/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF MEDIATION AGREEMENT ALONG WITH PLAN AND REPORT FILED BY THE MEDIATOR IN OS NO.856 OF 2015 ON THE FILES OF THE HON'BLE ADDITIONAL MUNSIFF COURT I, NEYYATTINKARA DATED 05.10.2017.

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN OS NO.856 OF 2015 ON THE FIELS OF THE HON'BLE ADDITIONAL MUNSIFF COURT I, NEYYATTINKARA DATED 25.10.2017.

EXHIBIT P3 A TRUE COPY OF TAX RECEIPT IN THE NAME OF 1ST PETITIONER DATED 12.06.2020.

EXHIBIT P4 A TRUE COPY OF THE CERTIFICATE NO.1037/20 ISSUED BY THE VILLAGE OFFICER, KULATHOOR DATED 29.06.2020.

EXHIBIT P5 A TRUE COPY OF NO OBJECTION CERTIFICATE NUMBER A2 2677/2020 IN RESPECT OF THE SAID PROPERTIES FROM KULATHOOR PANCHAYATH DATED 30.07.2020.

EXHIBIT P6 A TRUE COPY OF PLAINT IN OS NO.768 OF 2020 ON THE FILES OF THE HON'BLE MUNSIFF COURT, NEYYATTINKARA DATED 06.10.2020.

EXHIBIT P7 A TRUE COPY OF COMPLAINT FILED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT DATED 26.10.2020.

EXHIBIT P8 A TRUE COPY OF ORDER IN IA NO.01 OF 2020 IN OS NO.768 OF 2020 ON THE FILES OF HON'BLE MUNSIFF COURT, NEYYATTINKARA DATED 10.11.2020.

EXHIBIT P9 A TRUE COPY OF COMPLAINT FILED BEFORE THE 2ND RESPONDENT DATED NIL BY 2ND WP(C) NO. 3608 OF 2021

PETITIONER.

EXHIBIT P10 A TRUE COPY OF THE FIR ALONG WITH STATEMENT IN CR.NO.1237 OF 2017 OF POZHIYOOR PS DATED 13.11.2017.

Exhibit P11 A TRUE COPY OF COMPLAINT PREFERRED BEFORE THE 2ND RESPONDENT DATED 30.6.2021.

Exhibit P12 A TRUE COPY OF THE FIR IN CR.NO.1510 OF 2021 OF POZHIYOOR POLICE STATION DATED 7.7.2021.

Exhibit P13 THE ORIGINAL PHOTOGRAPHS OF UNLAWFUL OBSTRUCTIONS MADE BY THE 3RD RESPONDENT.

Exhibit P14 A TRUE COPY OF ONE SUCH COMPLAINT PREFERRED BY 2ND PETITIONER TO DIRECTOR GENERAL OF POLICE DATED 15.3.2021.

Exhibit P15 A TRUE COPY OF THE WOUND CERTIFICATE ISSUED FROM TALUK HOSPITAL, PARASSALA DATED 27.6.2021.

Exhibit P16 A TRUE COPY OF LOCATION CERTIFICATE ALONG WITH MAP ISSUED BY KULATHOOR VILLAGE OFFICER DATED 28.9.2021.

Exhibit P17 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P(C) 989 OF 2021 DATED 25.5.21.

RESPONDENT EXHIBITS

Exhibit R3(A) TRUE COPY OF THE RELEVANT PAGES OF THE SALE DEED NO.3416/1995 OF KULATHOOR SUB REGISTRAR OFFICE.

Exhibit R3(B) TRUE COPY OF THE BASIC TAX RECEIPT DATED 22.6.2020 ISSUED BY THE VILLAGE OFFICE, WP(C) NO. 3608 OF 2021

KULATHOOR.

Exhibit R3(C) TRUE COPY OF THE APPLICATION WITH AFFIDAVIT TO AMEND THE PLAINT IN O.S.NO.768 OF 2020 ON THE FILES OF THE MUNSIFF'S COURT, NEYYATTINKARA.

Exhibit R3(D) TRUE COPY OF THE RECEIPT DATED 2.10.2020 ISSUED BY THE POLICE STATION POZHIYOOR TO THE 3RD RESPONDENT.

Exhibit R3(E) TRUE COPY OF THE RECEIPT DATED 1.3.2021 ISSUED BY THE KULATHOOR GRAMA PANCHAYAT TO THE 3RD RESPONDENT.

Exhibit R3(F) TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 3RD RESPONDENT AND THE RECEIPT DATED 21.2.2021 ISSUED BY THE POLICE STATION, POZHIYOOR.