C. Junaid vs Assistant Commissioner Of Police
2022 Latest Caselaw 5841 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                        WP(C) NO. 14187 OF 2022
PETITIONER:

            C. JUNAID
            AGED 25 YEARS
            S/O. KOYA, PAROL HOUSE, AZHINJILLAM,
            MALAPPURAM DISTRICT, PIN - 673632
            BY ADV K.RAKESH
RESPONDENTS:

    1       ASSISTANT COMMISSIONER OF POLICE
            MEDICAL COLLEGE, KOZHIKODE CITY, PIN - 673001
    2       STATION HOUSE OFFICER
            MEDICAL COLLEGE POLICE STATION,
            KOZHIKODE DISTRICT, PIN - 673008
    3       SUDHEER
            CHERAPARAMBATH HOUSE, NELLIKODE PO,
            MANNANTHALATHAZHAM,
            KOZHIKODE DISTRICT, PIN - 673016
            BY ADVS.
            SRI.T.SETHUMADHAVAN (SR.)
            SMT.PREETHI. P.V.
            SRI.M.V.BALAGOPAL
            SRI.T.K.SHAJAHAN, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14187 OF 2022

                                       2


                                JUDGMENT

Dated this the 31st day of May, 2022

This writ petition is filed seeking the following prayers:

"(i) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the 1st respondent to afford meaningful and effective protection to the construction in the property comprised in survey No.174/47 and 174/48 of Nellikode Village in Kozhikode Taluk as against the wrongful act of the 3rd respondent and his henchmen.

(ii) Issue a writ of mandamus or any other appropriate writs, orders of directions directing the 1st respondent to consider and pass appropriate orders on Exhibit P3 as expeditiously as possible."

2. Heard the learned counsel for the petitioner, the learned

Government Pleader as well as the senior counsel appearing for the 3 rd

respondent.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the caretaker of a building under construction. It is

submitted that construction is being carried out in the property after

obtaining all necessary permits and permissions. There is a narrow

pathway on the eastern side of the property which is being used by

persons residing beyond the property on the northern side. It is WP(C) NO. 14187 OF 2022

submitted that a demand was made by the 3 rd respondent and others for

widening the pathway for lorry access and that they have threatened to

obstruct the ongoing building construction if their demand is not met.

4. The 3rd respondent has placed a counter affidavit on record. It is

contended that there is, admittedly, a pathway on the eastern side of the

property and that the attempt of the writ petitioner is to annex the

pathway into the property which is all that is objected to by the

residents of the locality including the 3 rd respondent. It is submitted that

the attempt of the petitioner is to annex the area in between the

compound wall and the GI sheets put up by the petitioner which

amounts to encroachment into the existing pathway. It is submitted that

this is all that has been objected to and there is absolutely no attempt to

obstruct the construction of the building in the property without

encroaching into the property.

5. In the above view of the matter, I am of the opinion that the issue

raised in the writ petition and the counter affidavit are matters which

have to be considered in appropriate civil proceedings between the

owner of the property and the residents who are using the pathway. WP(C) NO. 14187 OF 2022

However, in case there is any obstruction to the construction of

building, the petitioner may approach the Station House Officer who

shall afford adequate protection for the construction in accordance with

the permit granted.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 14187 OF 2022

APPENDIX OF WP(C) 14187/2022

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE BASIC TAX RECEIPT DATED 8-

3-2021 ISSUED BY THE VILLAGE OFFICE, NELLIKODE Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 19-5-2017 Exhibit P3 A TRUE COPY OF THE BUILDING PLAN APPROVED BY THE COMPETENT OFFICER OF THE KOZHIKODE CORPORATION Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 17-3-

2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P4(a) TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF EXHIBIT P4

RESPONDENTS' EXHIBITS

Exhibit R3(a) TRUE PHOTOGRAPH OF THE BUILDING UNDER CONSTRUCTION.

Exhibit R3(b) TRUE PHOTOGRAPH OF THE PATHWAY. Exhibit R3(c) TRUE PHOTOGRAPH OF THE CONCRETE COMPOUND WALL.