Sangeetha Agri-Industrial ... vs Sub Inspector Of Police
2022 Latest Caselaw 6656 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                         WP(C) NO. 16359 OF 2022
PETITIONER:

              SANGEETHA AGRI-INDUSTRIAL SOCIAL WELFARE AND EDUCATIONAL
              SOCIETY
              ER 380/02, PALAMATTAM P.O., KOTHAMANGALAM REPRESENTED BY
              ITS PRESIDENT T.P.VARGHESEKUTTY THEKILAKKAT HOUSE,
              PALAMATTAM P.O, KOTHAMANGALAM.

              BY ADVS.
              M.A.ABDUL HAKHIM
              JOSEPH GEORGE
              M.A.AZEEZ MUSHTAQUE



RESPONDENTS:

     1        SUB INSPECTOR OF POLICE
              KASABA POLICE STATION, PALAKKAD RURAL CIRCLE, KAILAS
              NAGAR, PUDUSSERY WEST, PALAKKAD, PIN - 678 622.

     2        CIRCLE INSPECTOR OF POLICE
              KASABA POLICE STATION, KAILAS NAGAR, PUDUSSERY WEST,
              PALAKKAD, PIN - 678 622.

     3        DEPUTY SUPERINTENDENT OF POLICE
              DISTRICT POLICE HEAD QUARTERS, YAKKARA ROAD, PALAKKAD,
              PIN - 678 014.

     4        SUPERINTENDENT OF POLICE
              DISTRICT POLICE HEAD QUARTERS, YAKKARA ROAD, PALAKKAD,
              PIN - 678 014.

     5        AJEESH
              S/O.SUBRAMANIAN, KUNNUKADU HOUSE, NEAR RAMASSERRY
              L.P.SCHOOL, RAMASSERRY P.O., PALAKKAD, PIN - 678 622.

     6        *[ABHILAH
              S/O.NAGAPPAN, NEAR RAMASSERRY L.P.SCHOOL, RAMASSERRY
              P.O., PALAKKAD, PIN - 678 622.]
 WP(C) NO. 16359 OF 2022              2



             *[AS PER ORDER DATED 31/05/2022 IN I.A-1/22 IN WP(C)
             16359/22 ADDRESS OF R6 IS AMENDED BY SUBSTITUTING HIS
             FATHER'S NAME 'NAGAPPAN' WITH 'ARUCHAMI']

             BY ADVS.
             RAJESH SIVARAMANKUTTY
             VIJINA K.



OTHER PRESENT:

             T.K.SHAJAHAN-SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16359 OF 2022                    3




                                     JUDGMENT

This writ petition is filed seeking the following reliefs:-

Issue a writ of mandamus or such other writ, order or direction compelling the Respondents | to 4 to extend adequate police protection to the maintenance works including the side tin sheet roofing works of the school

- buildings of ALP School, Ramassery belonging to the petitioner situated in the property covered by Exts.P2 and P3, as against the illegal obstruction of the respondents 5 and 6 and their associates.

2. Heard the learned counsel for the petitioner, the

learned Government Pleader and learned counsel appearing for 5 th

respondent. A counter affidavit has been placed on record by the

5th respondent.

3. This writ petition was filed complaining of obstruction in

the matter of maintenance works of the School building including

the side tin sheet roofing works of ALP School, Ramassery

belonging to the petitioner.

4. In the counter affidavit filed on behalf of the 5 th

respondent, there is no contention with regard to the title of the

petitioner over the property. The contention is only that there is

an attempt to encroach and obstruct a pathway which is in

existence in the property.

Having considered the contentions advanced, having heard

the Government Pleader also and in view of the pleadings and the

contentions raised, I am of the opinion that the directions sought

as for are liable to be granted. In case the 5 th respondent has any

contentions with regard to the obstruction of any pathway, it is for

the said respondent to approach the civil court for appropriate

reliefs since the said matter cannot be adjudicated in these

proceedings. Since the party respondents do not dispute the title

of the petitioner, there will be a direction to the respondents to

afford appropriate protection for the maintenance works of the

school building including for the side tin sheet roofing works. This

will be without prejudice to the contentions of the parties and their

rights to agitate any easementary or other civil right in

appropriate proceedings in accordance with law.

This writ petition is ordered accordingly.

Sd/-

                                                        ANU SIVARAMAN
     ska                                                      JUDGE





                          APPENDIX OF WP(C) 16359/2022

PETITIONER EXHIBITS

Exhibit P1                 A PHOTOSTAT COPY OF THE ORDER DATED 14/06/2021

ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, CHITTUR.

Exhibit P2 A PHOTOSTAT COPY OF THE LAND TAX RECEIPT DATED 11/02/2021 RESPECT TO 32.73 ARES OF LAND.

Exhibit P3 A PHOTOSTAT COPY OF THE LAND TAX RECEIPT DATED 03/12/2021 WITH RESPECT TO 27.32 ARES OF LAND.

Exhibit P4 A PHOTOSTAT COPY OF THE CIRCULAR DATED 16/03/2022 ISSUED BY THE PRINCIPAL SECRETARY OF THE LOCAL SELF GOVERNMENT DEPARTMENT OF THE GOVERNMENT OF KERALA.

Exhibit P5 A TRUE PHOTOGRAPH SHOWING THE PARKING OF THE VEHICLES INSIDE THE SCHOOL COMPOUND OF THE PETITIONER DATED NIL.

Exhibit P6 A TRUE PHOTOGRAPH SHOWING THE PARKING OF THE VEHICLES INSIDE THE SCHOOL COMPOUND OF THE PETITIONER DATED NIL.

Exhibit P7 A TRUE PHOTOGRAPH SHOWING THE PARKING OF THE VEHICLES INSIDE THE SCHOOL COMPOUND OF THE PETITIONER DATED NIL .

Exhibit P8 A TRUE PHOTOGRAPH SHOWING THE MAINTENANCE WORKS OF THE SCHOOL BUILDING OF THE PETITIONER DATED NIL.

Exhibit P9 A PHOTOSTAT COPY OF THE PETITION DATED 05/05/2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.