Varkey Chakkochan vs The Superintendent Of Police
2023 Latest Caselaw 10061 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR. JUSTICE SATHISH NINAN
 MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                  WP(C) NO. 23564 OF 2023
PETITIONERS:

    1    VARKEY CHAKKOCHAN
         AGED 71 YEARS
         S/O VARKEY , CHEEYEZHATH HOUSE, KUZHUPPILLY,
         AYYAMPILLY P.O.,ERNAKULAM DISTRICT, PIN - 682501
    2    VARKEY JOSEPH
         AGED 76 YEARS
         S/O VARKEY, CHEEYEZHATH HOUSE, KUZHUPPILLY,
         AYYAMPILLY P.O.,ERNAKULAM DISTRICT, PIN - 682501
    3    CHACKO JOHNSON
         AGED 66 YEARS
         S/O CHACKO, CHEEYEZHATH HOUSE, KUZHUPPILLY,
         AYYAMPILLY P.O.,ERNAKULAM DISTRICT, PIN - 682501
    4    CHACKO TOMY
         AGED 59 YEARS
         S/O CHACKO, CHEEYEZHATH HOUSE, KUZHUPPILLY,
         AYYAMPILLY P.O.,ERNAKULAM DISTRICT, PIN - 682501
    5    MATHAI JOJO
         AGED 56 YEARS
         S/O MATHAI, CHEEYEZHATH HOUSE, KUZHUPPILLY,
         AYYAMPILLY P.O.,ERNAKULAM DISTRICT, PIN - 682501
    6    LUIS HONEY
         AGED 52 YEARS
         S/O LUIS, CHEEYEZHATH HOUSE, KUZHUPPILLY,
         AYYAMPILLY P.O.,ERNAKULAM DISTRICT, PIN - 682501
         BY ADVS.
         K.I.ABDUL RASHEED
         DEEPA SASIDHARAN


RESPONDENTS:

   1    THE SUPERINTENDENT OF POLICE
        ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT,
        PIN - 683101
 W.P.(C) No,.23564 of 2023
                            -: 2 :-


    2   THE STATION HOUSE OFFICER
        NORTH PARAVUR POLICE STATION, NORTH PARAVUR,
        ERNAKULAM, PIN - 683513
   3    ANEESH
        S/O RAJAN,TOOMBUNKKAL PARAMBU, KADDAKKARA,
        EZHIKKARA VILLAGE, PARAVUR TALUK, EZHIKKARA
        P.O., ERNAKULAM, PIN - 683513
   4    UNNI
        S/O MAANAN ,ITTYATHIPARAMBIL HOUSE, KADDAKKARA,
        EZHIKKARA VILLAGE, PARAVUR TALUK, EZHIKKARA
        P.O., ERNAKULAM, PIN - 683513
   5    UNNI
        S/O. GOVINDAN ,PEREPARAMBU HOUSE, KADDAKKARA,
        EZHIKKARA VILLAGE, PARAVUR TALUK, EZHIKKARA
        P.O., ERNAKULAM, PIN - 683513
   6    VENU
        S/O SHIVARAMAN ,PEREPARAMBU, KADDAKKARA
        EZHIKKARA VILLAGE, PARAVUR TALUK, EZHIKKARA
        P.O., ERNAKULAM, PIN - 683513
ADDL.R7 THE DISTRICT COLLECTOR,
        ERNAKULAM [ADDL.R7 IS SUO MOTU IMPLEADED AS
        PER ORDER DATED 31/07/2023 IN WP(C) 23564/2023]
         BY ADVS.
         SMT.RESMI THOMAS - GOVERNMENT PLEADER
         Shaju purushothaman M
         K.S.RAJESH(K/503/1998)


    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 18.09.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No,.23564 of 2023
                                       -: 3 :-


                     Sathish Ninan, J.
              ==============================
                 W.P(C) No. 23564 of 2023
                ==========================
        Dated this the 18th day of September, 2023

                                JUDGMENT

This writ petition is filed seeking the

following relief:

"To issue a writ of mandamus directing respondents 1 and 2 to grant adequate protection to the petitioners for carrying on the fishing activities and other incidental work in the Pulliyambilly Thazham farm in Ezhikkara village in Ernakulam District without any obstruction or threat from respondents 3 to 6, their men, workers and assistants."

2. This Court had on 31.7.2023 directed the

parties to appear before the additional 7th

respondent - the District Collector, Ernakulam to

explore an amicable settlement of the dispute.

3. The learned Government Pleader has placed on

record a report submitted by the additional 7th

respondent on 21.8.2023. The relevant portion of the W.P.(C) No,.23564 of 2023

said report reads thus:

"After hearing petitioners and respondents have jointly submitted that they have discussed the issue among themselves and has come to an agreement by which the respondents will not make any objection to the petitioners' property or business in the said land and the petitioners have submitted that they have agreed to demarcate northern part of 12 acres of land for Pokkali cultivation for 6 months in every year. Both the sides have agreed to the above and the dispute between the two parties is thus seen to be settled."

In the light of the settlement as above,

directing the parties to abide with the said

settlement, the writ petition is disposed of. To

secure compliance with the settlement as above,

necessary protection shall be provided, if situation

warrants.

Sd/-

smv Sathish Ninan, Judge W.P.(C) No,.23564 of 2023

APPENDIX OF WP(C) 23564/2023

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, EZHIKKARA TO THE 1ST PETITIONER DATED 13/7/2023 FOR THE YEAR 2023-2024. Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, EZHIKKARA TO THE 2ND PETITIONER DATED 13/7/2023 FOR THE YEAR 2023-2024. Exhibit P3 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, EZHIKKARA TO THE 3RD PETITIONER DATED 13/7/2023 FOR THE YEAR 2023-2024 . Exhibit P4 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, , EZHIKKARA TO THE 4TH PETITIONER DATED 13/7/2023 FOR THE YEAR 2023-2024. Exhibit P5 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICE ,EZHIKKARA TO THE 5TH PETITIONER DATED 13/7/2023 FOR THE YEAR 2023-2024.

Exhibit P6 TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICE ,EZHIKKARA TO THE 6TH PETITIONER DATED 13/7/2023 FOR THE YEAR 2023-2024.

Exhibit P7 TRUE COPY OF THE COMPLAINT SUBMITTED TO THE 1ST & 2ND RESPONDENTS DATED 10/7/2023.

Exhibit P7(a) TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT FOR RECEIVING THE COMPLAINT DATED 10/7/2023.

Exhibit P7(b) TRUE COPY OF THE POSTAL ACKNOWLEDGRMENT CARD SIGNED ON BEHALF OF THE 1ST RESPONDENT DATED 12/7/2023 OF EXHIBIT P7 COMPLAINT.