Kerala High Court
Azad P.H vs State Of Kerala on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 14848 OF 2024
PETITIONERS:
1 AZAD P.H, AGED 55 YEARS, S/O A.M HAMEED RAWTHER,
PARAYIL HOUSE, THELLAKOM P.O, KOTTAYAM, PIN - 686630
2 P.H BABU ANSARI, AGED 62 YEARS, S/O A.M HAMEED RAWTHER,
PARAYIL HOUSE, THELLAKOM P.O, KOTTAYAM, PIN - 686630
BY ADVS.
ARUN KRISHNA DHAN
T.K.SANDEEP
ARJUN SREEDHAR
ALEX ABRAHAM
HARIKRISHNAN P.B.
SWETHA R.
GOWRI MENON
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATION HOUSE OFFICER, EAST POLICE STATION,
KOTTYAM, PIN - 686002
3 DISTRICT POLICE CHIEF, OFFICE OF DISTRICT
POLICE CHIEF, KOTTAYAM, PIN - 686002
4 TONY THOMAS, S/O M.A THOMAS, THADATHILPARAMBIL
HOUSE, ML ROAD, KOTTAYAM, PIN - 686001
BY ADVS.
SRI.SURIN GEORGE IPE - R4
SRI.P.M.SHAMEER - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 14848/24
2
JUDGMENT
The petitioners say that they are constructing a building, on
the strength of all necessary consents and licenses and that they
have also obtained necessary permissions from the Revenue
Divisional Officer, under the provisions of Clause 6 of the Kerala
Land Utilisation Order, for such purpose. They have produced
Exts.P1 to P18 in substantiation of this; but allege that the 4 th
respondent, along with his men, have trespassed into the property,
making untenable demands and threatened their workers that if
they continue their work, they would be done away with. They say
that the 4th respondent and his men have hoisted certain flags in
this property and substantiate this through Ext.P19 photographs.
2. The petitioners submit that, therefore, they have
preferred Ext.P20 representation before the 2nd respondent - Station
House Officer, seeking protection, but that, he has taken no action
at all until now; thus constraining them to approach this Court
through this Writ Petition.
3. Sri.Surin George Ipe - learned counsel for the 4th
respondent, controverted the afore submissions of Sri.Arun Krishna
Dhan - learned counsel for the petitioners, saying that his client or
his men have never trespassed into the property, nor have they
caused any obstruction to the construction; but that they are only
engaged in a peaceful protest because their right to do the loading
and unloading work has been unfairly denied by the petitioners.
He submitted that his client intends to initiate appropriate legal
remedies for this purpose and thus prayed that this Writ Petition
be dismissed; however, asserting that the attempt of the petitioners
is only to prejudice their contentions in such course. He added
that, in fact, the construction being carried on by the petitioners is
in a totally different property, than what has been mentioned in
the Permits; and that the said Permits have been renewed illegally
and beyond time.
4. Sri.P.M.Shameer - learned Government Pleader,
submitted that the 2nd respondent has already taken action to
maintain law and order in the area; and hence, that the petitioners
and their workmen face no intimidation or threat from any person,
including the 4th respondent, as of now.
5. When I evaluate and consider the afore submissions, it
is evident that, even if the 4th respondent and his men have any
right to engage in the loading and unloading activities, they can
assert it only through legal means and not by taking law into their
own hands.
In the afore circumstances, recording the afore undertaking of
the learned Government Pleader, I allow this Writ Petition; with a
consequential direction to the 2nd respondent - Station House
Officer, to ensure that the petitioners and their workmen are not
put to any prejudice or intimidation from any person, including the
4th respondent and his men; and that they are allowed to continue
with the work, based on requisite consents and permissions.
Needless to say, if the 4th respondent has any right to claim
the loading and unloading activities, all such are left open to be
impelled by him before the competent Authority/Forum; for which
purpose, all contentions in that regard are left open.
The 2nd respondent will also ensure that law and order is
maintained in the area without any breach of peace being
committed by any person and I further direct the 3 rd respondent -
District Police Chief to oversee that these directions are implicitly
complied with.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 14848/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT DATED
05/04/2024 IN RESPECT OF RE SY NO. 117,
106, 54, 53 & 105
Exhibit P2 TRUE COPY OF ORDER DATED 27-11-2020
ISSUED UNDER KLU ALONG WITH THE REVISED
BTR
Exhibit P3 TRUE COPY OF THE LAND DEVELOPMENT PERMIT
DATED 23/05/2019 IN RE SY NO. 105, 106,
48/1, 53 AND 54
Exhibit P4 TRUE COPY OF THE ORDER DATED 06/07/2022
EXTENDING THE DEVELOPMENT PERMIT TILL
12/05/2025
Exhibit P5 A TRUE COPY OF THE BUILDING PERMIT DATED
18/11/2015
Exhibit P6 TRUE COPY OF THE LATEST ORDER OF
EXTENSION VIDE ORDER DATED 23/12/2021
EXTENDING THE BUILDING PERMIT TILL
18/11/2025
Exhibit P7 TRUE COPY OF THE LAND TAX RECEIPT DATED
05/04/2024 IN RESPECT OF RE SY NO. 122,
Exhibit P8 TRUE COPY OF ORDER DATED 07-03-2022
ISSUED UNDER KLU ALONG WITH THE REVISED
BTR
Exhibit P9 TRUE COPY OF THE LAND DEVELOPMENT PERMIT
Exhibit P10 TRUE COPY OF THE ORDER DATED 06/07/2022
EXTENDING THE DEVELOPMENT PERMIT TILL
12/05/2025
Exhibit P11 TRUE COPY OF THE BUILDING PERMIT DATED
Exhibit P12 TRUE COPY OF THE LATEST ORDER OF
EXTENSION VIDE ORDER DATED 23/12/2021
EXTENDING THE BUILDING PERMIT TILL
23/11/2025
Exhibit P13 TRUE COPY OF THE LAND TAX RECEIPT DATED
Exhibit P14 TRUE COPY OF ORDER DATED 09-03-2021
ISSUED UNDER KLU ALONG WITH THE REVISED
BTR
Exhibit P15 TRUE COPY OF THE LAND DEVELOPMENT PERMIT
Exhibit P16 TRUE COPY OF THE ORDER DATED 06/07/2022
EXTENDING THE DEVELOPMENT PERMIT TILL
12/05/2025
Exhibit P17 A TRUE COPY OF THE BUILDING PERMIT DATED
Exhibit P18 TRUE COPY OF THE LATEST ORDER OF
EXTENSION VIDE ORDER DATED 23/12/2021
EXTENDING THE BUILDING PERMIT TILL
18/11/2025
Exhibit P18(a) TRUE COPY OF THE SKETCH DATED NIL
PREPARED BY THE PETITIONERS SHOWING THE
LAYOUT OF THE PROPOSED BUILDINGS FOR
WHICH PERMITS HAVE BEEN OBTAINED FOR THE
PETITIONER'S PROPERTY
Exhibit P19 TRUE COPY OF THE PHOTOGRAPH OF THE
PETITIONER'S PROPERTY
Exhibit P20 TRUE COPY OF THE REPRESENTATION FOR
POLICE PROTECTION SUBMITTED BY THE
PETITIONER DATED 05-04-2024
