Kerala High Court
Bhavanimayan vs The District Police Chief on 5 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945
WP(C) NO. 1786 OF 2021
PETITIONER:
BHAVANIMAYAN,AGED 44 YEARS,S/O.SIVADASAN ACHARI,
NARAYANEEYAM @ NANDANA BHAVANAM, AITHOTHOTTUVA, WEST
KALLADA P.O. AND VILLAGE, KOLLAM DISTRICT 691 500
BY ADVS.MANU RAMACHANDRAN
SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
SHRI.SAMEER M NAIR
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF,RURAL POLICE, DISTRICT
KOLLAM, KOTTARAKARA, KOLLAM DISTRICT 689 645
2 THE STATION HOUSE OFFICER,POLICE STATION OF
SASTHAMCOTTA, KOLLAM DISTRICT 689 691
3 USHA,AGED 50 YEARS, W/O.LATE PRASANNAN, KANNNKARA
VEEDU, AITHOTHOTTUVA, WEST KALLADA P.O. AND VILLAGE,
KOLLAM DISTRICT 691 500
4 AMALCHAND,AGED 26 YEARS,S/O.LATE PRASANNAN,
KANNNKARA VEEDU, AITHOTHOTTUVA, WEST KALLADA P.O.
AND VILLAGE, KOLLAM DISTRICT 691 500
BY ADVS.
GOVERNMENT PLEADER SRI.SYAMANTHAK.B.S
SRI.ARUN BABU
SRI.C.S.SUMESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.10.2023, ALONG WITH WP(C).24108/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA,
1945
WP(C) NO. 24108 OF 2023
PETITIONER:
BHAVANIMAYAN,AGED 46 YEARS,S/O SIVADASAN
ACHARI, NARAYANEEYAM @ NANDANA BHAVANAM,
AITHOTHOTTUVA, WEST KALLADA P.O & VILLAGE,
KOLLAM DISTRICT, PIN - 691500
BY ADVS.MANU RAMACHANDRAN
M.KIRANLAL
SAMEER M NAIR
R.RAJESH (VARKALA)
GEETHU KRISHNAN
SAILAKSHMI MENON
ABHISHEK JOHNSON
RESPONDENT/S:
1 THE DISTRICT POLICE CHIEF,KOLLAM RURAL ,
KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691506
2 THE STATION HOUSE OFFICER,THE POLICE STATION
OF SASATHAMKOTTA, KOLLAM DISTRICT, PIN -
690521
3 THE ASSISTANT ENGINEER,KERALA WATER AUTHORITY,
KWA SECTION-2, SASTHAMCOTTA, KOLLAM DISTRICT,
PIN - 690521
4 USHA,AGED 52 YEARS,W/O LATE. PRASANNAN,
KANNANKARA VEEDU, AITHOTHOTTUVA, WEST KALLADA
P.O & VILLAGE, KOLLAM DISTRICT, PIN - 691500
5 AMALCHAND,AGED 28 YEARS,S/O LATE. PRASANNAN,
KANNANKARA VEEDU, AITHOTHOTTUVA, WEST KALLADA
P.O & VILLAGE, KOLLAM DISTRICT, PIN - 691500
BY ADVS.P.M.JOHNY
ARUN BABU
G.P SRI.SYAMANTHAK.B.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.10.2023, ALONG WITH WP(C).1786/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
==============================
W.P(C) Nos.1786 of 2021 & 24108 of 2023
==========================
Dated this the 5th day of October, 2023
JUDGMENT
The petitioner wants to re-lay the drinking water
pipe line to his residential house. He has obtained
Exts.P3 and P4 sanctions from the authorities in the
said regard. The pipe line passes through a way portion
situated within the property of the petitioner. She has
approached this Court alleging interference and
obstruction by respondents 4 and 5.
2. It appears that respondents 4 and 5 stake a
claim to have water pipe line drawn to their houses
through the way in question. In connection with the
same, a Writ Petition is pending before this Court as
W.P(C) No.6966 of 2022.
3. Whatever that be, the respondents 4 and 5 have
no right to obstruct the re-laying of the pipe line by
W.P(C) Nos.1786 of 2021 & 24108 of 2023
the petitioner and the Kerala Water Authority.
4. The learned counsel appearing for the
respondents 4 and 5 submits that they have no intention
to obstruct such activity as referred to above.
5. In the light thereof it is ordered that, if the
petitioner makes a request before the 2 nd respondent, he
shall afford adequate protection for the re-laying of
the drinking water pipe line to the petitioner's
property in terms of Exts P3 and P4.
The Writ Petition is disposed of as above.
Sd/-
Sathish Ninan, Judge
vdv
APPENDIX OF WP(C) 1786/2021
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT DATED
18.2.2015 IN A.A.NO.29/2012 ON THE FILES
OF SUB COURT, KARUNAGAPALLY
EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED
1.7.2013 OF THIS HON'BLE COURT IN W.P.
(C) NO.1162/2013
EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION
DATED 16.1.2021 SEEKING POLICE
PROTECTION FILED BY TH PETITIONER BEFORE
THE 1ST AND 2ND RESPONDENT ALONG WITH
THE RECEIPTS
APPENDIX OF WP(C) 24108/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPROMISE JUDGMENT AND
DECREE DATED 06.04.2002 IN O.S NO.107/2000 ON
THE FILES OF MUNSIFF'S COURT, SASTHAMCOTTA
Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED
31.08.2022 IN RSA NO.47/2016 OF THIS HON'BLE
COURT
Exhibit P3 THE TRUE COPY OF THE PERMIT FOR ROAD CUTTING
VIDE NO.KRFB-PMU/KLM/AE-2/RC-10/2023 DATED
NIL ISSUED BY THE OFFICE OF THE EXECUTIVE
ENGINEER, KERALA ROAD FUND BOARD, KOLLAM
DIVISION
Exhibit P4 THE TRUE COPY OF THE AGREEMENT VIDE NO.KRFB-
PMU/KLM/AE-2RC-10/2023 DATED 22.05.2023
EXECUTED BETWEEN THE EXECUTIVE ENGINEER,
KRFB-PMU, KOLLAM AND ASST.ENGINEER, KWA-2,
SASTHAMCOTTA
Exhibit P5 THE TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
LIE OF THE PATHWAY AND ITS SURROUNDINGS
Exhibit P6 THE TRUE COPY OF THE VIDEO SCREEN-GRABS
SHOWING THE 4TH RESPONDENT STANDING IN THE
PIT CREATED FOR THE WORK AND OBSTRUCTING THE
WORK
Exhibit P7 THE TRUE COPY OF THE COMPLAINT DATED
10.07.2023 PREFERRED BY THE PETITIONER TO THE
2ND RESPONDENT ALONG WITH RECEIPT VIDE
NO.15293045-2023-5-00486 DATED 10.07.2023
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION DATED
19.07.2023 PREFERRED BY THE PETITIONER ALONG
WITH THE EMAIL DATED 19.07.2023
