Joseph Chacko @ Sabu Chacko vs Department Of Home Affairs
2023 Latest Caselaw 2913 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR.JUSTICE N.NAGARESH
        MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                         WP(C) NO. 4338 OF 2023
PETITIONER

             JOSEPH CHACKO @ SABU CHACKO
             AGED 56 YEARS
             SON OF LATE SRI. CHACKO, PUTHUPARAMBIL HOUSE,
             SACHIVOTHAMAPURAM KARA, SACHIVOTHAMAPURAM P.O.,
             MANDIRAM KAVALA BHAGAM, KURICHY VILLAGE,
             KOTTAYAM DISTRICT, KERALA,, PIN - 686532
             BY ADVS.
             LUKE J CHIRAYIL
             M.G.SREEJITH
             ELSA MARY THOMAS
             AMAL JOSE


RESPONDENTS:

    1        DEPARTMENT OF HOME AFFAIRS
             OFFICE OF THE CHIEF MINISTER, 3RD FLOOR, NORTH BLOCK,
             SECRETARIAT, THIRUVANANTHAPURAM, KERALA
             REPRESENTED BY ITS SECRETARY, PIN - 695001
    2        DIRECTOR GENERAL OF POLICE
             STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
             THIRUVANANTHAPURAM,, PIN - 695010
    3        STATION HOUSE OFFICER
             JANAMAITRI POLICE STATION,
             CHINGAVANAM NEAR AMALA FISH MARKET, CHINGAVANAM,
             KOTTAYAM DISTRICT, KERALA, PIN - 686531

             SRI.E.C.BINEESH-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.4338 OF 2023
                                          2




                            JUDGMENT

Dated this the 13th day of March, 2023

The petitioner, who intends to start a Fish Stall in Kurichy

Grama Panchayat in Kottayam District, has approached this

Court alleging police harassment. The petitioner states that

the police is forcing the petitioner to stop all activities in the

proposed Fish Stall.

2. According to the petitioner, Secretary to the Kurichy

Grama Panchayat issued Ext.P8 Stop Memo alleging that the

petitioner is causing unauthorised construction and requiring

the petitioner to demolish the alleged illegal constructions

made by the petitioner. The petitioner states that he has not

made any illegal construction as alleged.

3. Against Ext.P8(a) order, the petitioner has

approached the Tribunal for Local Self Government WP(C) NO.4338 OF 2023

Institutions, Thiruvananthapuram and the Tribunal has passed

Ext.P9 interim order dated 16.07.2022 staying the operation of

Ext.P8(a).

4. Government Pleader entered appearance and

resisted the writ petition. The Government Pleader submitted

that even after Ext.P9 interim order of the Tribunal, the

Panchayat Secretary addressed a letter to the police

authorities requiring assistance to stop the illegal construction

made by the petitioner. It was in such circumstances that the

petitioner was required to stop all activities. If the petitioner is

holding all statutory Licences and Consents, the police

authorities have no objection in the petitioner carrying out any

activities legally. The police has acted solely based on the

communication received from the Secretary to the Grama

Panchayat.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the WP(C) NO.4338 OF 2023

respondents.

6. It has come out from the pleadings that the issue

regarding unauthorised construction and the Panchayat

Licence for the proposed Fish Stall of the petitioner is subject

matter of Appeal No.469 of 2022 of the Tribunal for Local Self

Government Institutions, Thiruvananthapuram. The petitioner

concedes that he is yet to obtain due clearance from the

Kerala Pollution Control Board. The petitioner will not make

any construction in the Fish Stall and will start functioning of

the Fish Stall only after obtaining all requisite Licences

including Consent from the Kerala Pollution Control Board.

7. In that view of the matter, I find that there is no

reason for the petitioner to apprehend that police will harass

him. The statement made by the petitioner that he will start

activities of the Fish Stall only after obtaining all statutory

Permits and Consent is recorded. If the petitioner is not

carrying out any activities, the 3rd respondent shall desist from WP(C) NO.4338 OF 2023

any further action against the petitioner, based on the

communication sent by the Secretary of the Panchayat.

The writ petition is disposed of as above.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.4338 OF 2023

APPENDIX OF WP(C) 4338/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER DATED 04.04.2019 IN W.P. (C) NO. 8683 OF 2019 ON THE FILES OF THE HONORABLE HIGH COURT OF KERALA AT ERNAKULAM Exhibit P2 THE TRUE COPY OF THE ORDER IN W.P.(C) NO. 12348 OF 2019 DATED 26.11.2021 ON THE FILES OF THE HONORABLE HIGH COURT OF KERALA AT ERNAKULAM Exhibit P3 THE TRUE COPY OF THE NOTICE NUMBERED AS PCB/KTM/CO/4785/2018 DATED 03.12.2021 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KOTTAYAM Exhibit P4 THE TRUE COPY OF THE NOTICE NUMBERED PCB/KTM/CO/4785/2018 DATED 28.02.2022 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KOTTAYAM ExhibitP5 THE TRUE COPY OF THE LETTER NUMBERED PCB/KTM/CO/4785/2018 DATED 26.03.2022 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KOTTAYAM Exhibit P6 THE TRUE COPY OF THE LETTER NUMBERED PCB/KTM/CO/4785/2018 DATED 27.05.2022 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KOTTAYAM Exhibit P7 THE TRUE COPY OF THE LETTER NUMBERED PCB/KTM/CO/4785/2018 DATED 25.06.2022 ISSUED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KOTTAYAM Exhibit P8 THE TRUE COPY OF THE ORDER ISSUED BY THE SECRETARY, KURICHY GRAMA PANCHAYAT, WP(C) NO.4338 OF 2023

WHICH IS NUMBERED AS J.C2-1557/2022 DATED 06.07.2022 Exhibit P8(a) THE TRUE COMPUTER TYPED COPY OF EXT.P8 Exhibit P9 THE TRUE COPY OF THE STAY ORDER IN APPEAL NO. 469/2022 DATED 16.07.2022 ON THE FILES OF THE HONORABLE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM RESPONDENT'S EXHIBITS : NIL