Jain Housing And Constructions ... vs The Ernakulam City Police Chief ...
2021 Latest Caselaw 18731 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 9TH DAY OF SEPTEMBER 2021 / 18TH BHADRA, 1943
                       WP(C) NO. 15954 OF 2021
PETITIONER:

          M/S.JAIN HOUSING AND CONSTRUCTIONS LTD.,
          JAINS TUFNELL GARDEN, SITE OFFICE, FLAT NO.4082,
          RAJAGIRI VALLEY, CHITTETHUKARA, NILAMPATHINJA MUGHAL
          ROAD, KAKKANAD, COCHIN-682 039, REPRESENTED BY ITS
          BRANCH HEAD MS.COLLEEN PETRIZ.

          BY ADVS.
          P.T.MOHANKUMAR
          GEORGE CHERIAN
          RAJESH CHERIAN KARIPPAPARAMBIL


RESPONDENTS:

    1     THE ERNAKULAM CITY POLICE CHIEF (CITY POLICE
          COMMISSIONER), OFFICE OF THE POLICE COMMISSIONER,
          ERNAKULAM CITY, PIN-682 011.

    2     THE STATION HOUSE OFFICER, MULAVUKAD POLICE STATION,
          ERNAKULAM-682 504.

    3     THE MULAVUKAD GRAMA PANCHAYATH,
          PANCHAYATH OFFICE, MULAVUKAD, ERNAKULAM-682 504,
          REPRESENTED BY ITS SECRETARY.

          BY ADVS.SRI.E.C.BINEESH, GP
          SMT.REKHA VASUDEVAN,


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15954 OF 2021
                              -2-

                          JUDGMENT

The petitioner Company, which is stated to be

in ownership of 48.60 Ares of land in Mulavukad

Village, Bolgatty, says that they are being now

constantly threatened by the office bearers of the

3rd respondent - Panchayat, to surrender a portion

of their property for widening a road; and that

they were told that if they do not do so, 'local

people' will demolish their compound wall and

take forcible possession of it.

2. The petitioner says that, therefore, they

had no other option but to approach the 2 nd

respondent - Station House Officer, through Ext.P5

seeking protection; but that since no action was

taken thereon, they have been forced to approach

this Court.

3. I notice from the pleadings on record that

petitioner has approached this Court on an WP(C) NO. 15954 OF 2021

apprehension that people of the locality are

likely to trespass into their property, by

destroying the compound wall. Interestingly, this

apprehension has arisen, according to the

petitioner, because they were told by the

President of the 3rd respondent - Panchayat, that

this will be done. It is, therefore, obvious that

the petitioner's apprehension is based on a

conjecture, but that they have not really faced

any threat.

4. I am, therefore, of the firm view that it

will not be necessary for this Court to consider

the request of the petitioner for police

protection at this stage; but that they can be

given liberty to approach the 2nd respondent, if

any real intimidation or threat is faced by them

from any source.

5. I also record the submissions made on

behalf of the 3rd respondent by their learned WP(C) NO. 15954 OF 2021

Standing Counsel - Smt.Rekha Vasudevan, that the

allegations of the petitioner are wholly

unfounded, and that no threat has ever been meted

out to them by her client.

In the afore circumstances, I dispose of this

writ petition, recording the afore submissions of

Smt.Rekha Vasudevan; and leaving liberty to the

petitioner to approach the 2nd respondent with a

complaint, if they are faced with any threat or

intimidation from any source; in which event, said

Authority will act as per law, without any

avoidable delay.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 15954 OF 2021

APPENDIX OF WP(C) 15954/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE BASIC TAX RECEIPTS ISSUED BY THE VILLAGE OFFICER, MULAVUKAD DATED 20.08.2020.

EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER, MULAVUKAD DATED 28.06.2019.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 16.05.2015 ISSUED BY M/S. KITCO LTD., TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE E MAIL COMMUNICATION DATED 26.07.2021 ISSUED BY M/S. KITCO LTD. TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE POLICE COMPLAINT WITH THE ACKNOWLEDGMENT DATED 04.08.2021 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE