Jayakumari.G.R vs The Superintendent Of Police
2023 Latest Caselaw 3123 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                  WP(C) NO. 6640 OF 2023
PETITIONERS:

    1    JAYAKUMARI.G.R
         AGED 68 YEARS
         MULAMOOTTIL HOUSE,
         TC NO.2/937(7),
         PAZHAYA ROAD,
         MEDICAL COLLEGE P.O.,
         THIRUVANANTHAPURAM, PIN - 695011
    2    BINDU.J.G
         AGED 43 YEARS
         W/O. PREJITH,
         MULAMOOTTIL HOUSE,
         TC NO.2/937(7),
         PAZHAYA ROAD,
         MEDICAL COLLEGE P.O.,
         THIRUVANANTHAPURAM, PIN - 695011
    3    INDU J.G.
         AGED 40 YEARS
         D/O JAYAKUMARI.G.R,
         MULAMOOTTIL HOUSE,
         TC NO.2/937(7),
         PAZHAYA ROAD,
         MEDICAL COLLEGE P.O.,
         THIRUVANANTHAPURAM, PIN - 695011

         BY ADVS.
         MITHUN P.
         AFSAL KHAN H.


RESPONDENTS:

    1    THE SUPERINTENDENT OF POLICE
         THIRUVANANTHAPURAM DISTRICT,
         THIRUVANANTHAPURAM, PIN - 695033
    2    THE STATION HOUSE OFFICER
         MEDICAL COLLEGE POLICE STATION,
         THIRUVANANTHAPURAM, PIN - 695011
 WP(C) No.6640 of 2023
                             :2 :


     3      KINGSLY
            AGED 41 YEARS
            RESIDING AT LAKSHMANA,
            T.C. NO 2/581(2),
            RAJEEV GANDHI NAGAR,
            MEDICAL COLLEGE. P. O,
            THIRUVANANTHAPURAM, PIN - 695011
     4      SURYA KINGSLY
            D/O.RADHAKRISHNAN. K. P,
            AGED 39 YEARS,
            RESIDING AT LAKSHMANA,
            TC NO 2/581(2),
            RAJEEV GANDHI NAGAR,
            MEDICAL COLLEGE. P. O,
            THIRUVANANTHAPURAM, PIN - 695011

            BY ADVS.
            P.RAMAKRISHNAN RAMAKRISHNAN ADV
            T.C.KRISHNA(K/000802/1990)
            C.ANIL KUMAR(K/000906/1993)
            ASHA K.SHENOY(K/000576/1999)
            PRATAP ABRAHAM VARGHESE(K/000235/2005)
            GOKUL KRISHNA(K/001228/2022)
            E.C.BINEESH, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 23.03.2023, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 WP(C) No.6640 of 2023
                                  :3 :




                          JUDGMENT

Dated this the 23rd day of March, 2023

The 1st petitioner is a widow and belongs to

Scheduled Caste. Petitioners 2 and 3 are daughters of the

1st petitioner.

2. The petitioners state that the 3 rd respondent has

illegally leased out the their property to foreign citizens without

following legal formalities. Respondents 3 and 4 are

constantly creating problems to pressurise the petitioners to

concede their demand to sell the petitioners' property to them.

3. The 3rd respondent through his henchmen has

threatened the petitioners on 21.02.2023. Respondents 3 and

4 trespassed into the petitioners' property claiming to repair

the drainage. When the petitioners tried to stop respondents WP(C) No.6640 of 2023

3 and 4, they were physically assaulted, contend the

petitioners. Though complaints were filed before the police

authorities, there was no response. Hence, the petitioners are

before this Court.

4. Respondents 3 and 4 entered appearance and

resisted the writ petition. Respondents 3 and 4 submitted that

there was a drainage in existence passing through the

property of the petitioners for a long period. The petitioners

have blocked the said drainage illegally. The issue is related

to drainage of water.

5. Aggrieved by the action of the petitioners in

blocking the drainage, respondents 3 and 4 have approached

the Ombudsman for Local Self Government Institutions. The

Ombudsman has intervened in the matter and passed certain

orders, by way of remedial measures. Since the issue is

pending before the Ombudsman, the matter has to be decided

by that forum. Pending those proceedings, if police protection

is granted, respondents 3 and 4 will be put to difficulties. WP(C) No.6640 of 2023

6. The counsel for respondents 3 and 4 submitted that

respondents 3 and 4 have not trespassed into the property of

the petitioners nor do they intend to do so in future. They will

be pursuing their remedies before the Ombudsman and other

statutory authorities.

7. I have heard the learned counsel for the petitioners,

the learned Government Pleader representing respondents 1

and 2 and the learned counsel appearing for respondents 3

and 4.

8. The pleadings in the writ petition and the counter

affidavit would show that there is a dispute relating to

drainage pipeline, allegedly passing through the property of

the petitioners. The allegation of respondents 3 and 4 is that

the petitioners have deliberately blocked the drainage

pipeline. The petitioners would submit that the petitioners

have not blocked any drainage as alleged by respondents 3

and 4.

9. Taking into consideration the fact that the

proceedings in this regard are pending before the WP(C) No.6640 of 2023

Ombudsman and the stand taken by respondents 3 and 4

that they do not intend to trespass into the property of the

petitioners, I am of the view that the dispute between the

parties can be left to be decided by the statutory authority. As

respondents 3 and 4 have submitted that they have no

intention to encroach into the property of the petitioners, there

is no requirement of any police protection order.

The writ petition is accordingly disposed of granting

permission to the petitioners to approach respondents 1 and

2, in case there is any trespass into the petitioners' property.

It is made clear that this will be without prejudice to the

respective claims of the petitioners and respondents 3 and 4

over the drainage dispute to be decided by the appropriate

statutory authority.

Sd/-

N. NAGARESH JUDGE sss WP(C) No.6640 of 2023

APPENDIX OF WP(C) 6640/2023

PETITIONERS' EXHIBITS

EXHIBIT P1 COPY OF THE COMPLAINT PREFERRED BY THE 1ST PETITIONER DATED 21.02.2023.

RESPONDENT EXHIBITS EXHIBIT R4-(A) TRUE COPY OF THE LETTER DATED 18.10.2006 FROM THE ASSISTANT EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM TO THE ASSISTANT ENGINEER AND B AND R SUB DIVISION THIRUVANANTHAPURAM ALONG WITH THE SKETCH.

EXHIBIT R4-(B) PHOTOGRAPHS SHOWING THE BLOCKAGE OF SEWAGE PIPE AND THE OVERFLOW OF SEWAGE. EXHIBIT R4-(C) TRUE COPY OF THE SAID COMPLAINT SUBMITTED BY RESPONDENTS 3 AND 4 BEFORE THE 2ND RESPONDENT.

EXHIBIT R4-(D)    TRUE COPY OF THE COMPLAINT DATED
                  20/02/2023     SUBMITTED     BEFORE    THE

ASSISTANT EXECUTIVE ENGINEER, WATER SEWAGE AUTHORITY.

EXHIBIT R4-(E) TRUE COPY OF COMPLAINT SUBMITTED BEFORE THE SECRETARY, THIRUVANANTHAPURAM CORPORATION.

EXHIBIT R4-(F) TRUE COPY OF COMPLAINT SUBMITTED BEFORE THE CHAIRMAN, HEATH, THIRUVANANTHAPURAM CORPORATION.

EXHIBIT R4-(G) TRUE COPY OF ORDER DATED 10/03/2023 OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT EXHIBIT R4-(H) TRUE COPY OF THE ORDER DATED 14/03/2023 ISSUED BY THE OMBUDSMAN.

EXHIBIT R4-(I) TRUE COPY OF THE SAID RENT DEED DATED 19/11/2022.

EXHIBIT R4-(J) TRUE COPY OF THE LICENSE ISSUED BY THE THIRUVANANTHAPURAM CORPORATION. WP(C) No.6640 of 2023

EXHIBIT R4-(K) TRUE COPY OF THE LETTER DATED 24/02/2023 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, MUNICIPAL CORPORATION, THIRUVANANTHAPURAM. EXHIBIT R4-(L) TRUE COPY OF NOTICE DATED 02/03/2023 OF THE HEALTH INSPECTOR MEDICAL COLLEGE CIRCLE, THIRUVANANTHAPURAM CORPORATION.