Jipin K.J vs State Of Kerala
2023 Latest Caselaw 10281 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR. JUSTICE SATHISH NINAN
         THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                            WP(C) NO. 20633 OF 2023
PETITIONER:

              JIPIN K.J.
              AGED 34 YEARS
              S/O. LATE JOY, AGED 34 YEARS, KOLLARAMARI HOUSE, EDATHALA
              KARA, ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT-
              PIN 683561, PIN - 683561

              BY ADVS.
              P.C.HARIDAS
              P.S.GOVIND



RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF HOME
              AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001,
              PIN - 695001

     2        THE SUPERINTENDENT OF POLICE, ERANAKULAM RURAL
              ALUVA, ERNAKULAM DISTRICT-683101, PIN - 683101

     3        THE CIRCLE INSPECTOR OF POLICE
              EDATHALA POLICE STATION,, ERUMATHALA PO, ALUVA, ERNAKULAM
              DISTRICT-683112, PIN - 683112

     4        JAYPRAKASAN
              S/O. NARAYANAN, KANJIRATHINKAL HOUSE, EDATHALA KARA, ALUVA
              EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT-PIN 683561,
              PIN - 683561

     5        RASHEED
              S/O. ABDUL RAZAK, PINNACKAL HOUSE, EDATHALA KARA, ALUVA EAST
              VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT-PIN 683561, PIN -
              683561

     6        SASEENDRAN NAIR
              S/O. MADHAVAN PILLAI, CHANDRIKA VEEDU, EDATHALA KARA, ALUVA
              EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT-PIN 683561,
              PIN - 683561

     7        MUHAMMED
              S/O. UMMAR, VALIYAPARAM HOUSE, EDATHALA KARA, ALUVA EAST
              VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT-PIN 683561, PIN -
 WP(C) NO.20633 OF 2023


                                2



            683561

            BY ADVS.
            SHEEJA C.S, GOVERNMENT PLEADER
            AKHEELA FARZANA
            V.K.SIDHIQUE(S-459)
            SAJITHA SIDHIK(S-929)




      THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP    FOR
ADMISSION    ON   21.09.2023,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
                           SATHISH NINAN, J.
                  ==============================
                     W.P.(C) No.20633 OF 2023
                 ===============================
            Dated this the 21st day of September, 2023

                                JUDGMENT

The writ petition is filed seeking the following

relief;

"(i) To issue a writ of mandamus or any other

appropriate writ, order on direction commanding the

respondents 1 to 3 to afford adequate and effective

protection to the petitioner for carrying out the

works of repairing and strengthening of the

compound wall to the Western side of his property,

from the interference of respondents 4 to 7 or

their men."

2. Ext.P2 is the judgment obtained by the petitioner

against the contesting respondents herein, in O.S.No.434

of 2020 of Munsiff Court, Aluva. The decretal portion WP(C) No.20633 OF 2023

therein is reads thus;

"In the result, the suit is decreed which costs

as follows:-

The defendants 1 and 2 and their men are restrained

by a permanent prohibitory injunction from trespassing

into the plaint scheduled property from enhancing the

width of the way lies on the western side of the

plaint schedule

property."

3. The petitioner contends that a portion of

the compound wall requires urgent repairs and that

the contesting respondents are obstructing from

doing the same.

4. Learned Counsel appearing for the contesting

respondents submitted that the compound wall in

question encroaches into a way. WP(C) No.20633 OF 2023

5. If there is any encroachment as alleged, it

is for them to take appropriate steps in accordance

with law and they are not entitled to obstruct the

repairing of the existing wall. The existence of the

wall was recognized by the Civil Court in O.S.No.434

of 2020.

6. In the light thereof, the 3rd respondent is

directed to provide adequate protection for the work

of repairing and strengthening of the compound wall

in question. However, it is clarified that, under

the guise of the said order, he shall not effect any

fresh construction encroaching into the disputed

way.

The writ petition is disposed of accordingly.

SATHISH NINAN JUDGE NB/21-9 APPENDIX OF WP(C) 20633/2023

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE COMMISSION REPORT DATED 08/12/2020 FILED IN O.S.434/2020 ON THE FILES OF THE MUNSIFF'S COURT, ALUVA

EXHIBIT-P2 TRUE COPY OF JUDGMENT DATED 12/08/2022 IN IN O.S.434/2020 ON THE FILES OF THE MUNSIFF'S COURT, ALUVA

EXHIBIT-P3 TRUE COPY OF REPRESENTATION DATED 31/10/2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

EXHIBIT-P4 TRUE COPY OF THE PHOTOGRAPH TAKEN BEFORE DEMOLITION OF A PORTION OF THE COMPOUND WALL

EXHIBIT-P5 TRUE COPY OF THE PHOTOGRAPH TAKEN AFTER DEMOLITION OF A PORTION OF THE COMPOUND WALL

EXHIBIT-P6 TRUE COPY OF THE REPRESENTATION DATED 17/06/2023 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE