Sarada vs The District Police Chief
2024 Latest Caselaw 9474 Ker

Kerala High Court

Sarada vs The District Police Chief on 4 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

       THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

 THURSDAY, THE 4TH DAY OF APRIL    2024 / 15TH CHAITHRA, 1946

                   WP(C) NO. 5528 OF 2023

PETITIONERS:

  1     SARADA AGED 63 YEARS W/O. SOMAN NAIR, VATHALLUR
        HOUSE, P.O.ALANELLUR, MANNARKAD TALUK, PALAKKAD
        DISTRICT-., PIN - 678601

  2     CHAMI AGED 58 YEARS, S/O. PARIYANI, NEDUNGOTTIL VEEDU,
        P.O. KACHERIPARAMBU, KOTTOPADAM, MANNARKAD TALUK,
        PALAKKAD DISTRICT, PIN - 678601

        BY ADVS. P.JAYARAM
        P.B.AJOY
        K.R.PAUL
        ARJUN P.P.

RESPONDENTS:

   1    THE DISTRICT POLICE CHIEF PALAKKAD, PIN - 678014

   2    THE STATION HOUSE OFFICER, NATTUKAL POLICE STATION,
        P.O. NATTUKAL, PALAKKAD DISTRICT, PIN - 678583

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

   4    RAMAKRISHNAN, AGED 73 YEARS, S/O. DAMODHARAN NAIR,
        KRISHNASADAN, ALANELLUR TOWN, P.O. ALANELLUR, MANNARKAD
        TALUK, PALAKKAD DISTRICT, PIN - 678601

   5    ADDL. R5. SIVADASAN, AGED 72 YEARS S/O DAMODARAN NAIR
        (LATE), KRISHNA SADAN, ALANALLUR, ALANALLUR-I,
        PALAKKAD, KERALA- 67801

   6    ADDL. R6. RADHADEVI. K., W/O PADMANABHA MENON, BEENA
        NIVAS, VANIYAMKULAM-I, PALAKKAD, PANAYUR, KERALA-
        679522.

   7    ADDL. R7. DEVAKI, AGED 76 YEARS W/O KARUNAKARAN C.K.,
        ALANGATT HOUSE, SANGEETHA ROAD, PERINTHALMANNA,
        MALAPPURAM, KERALA -679322.
 WP(C) NO. 5528 OF 2023
                               2



   8      ADDL. R8. SETHUMADHAVAN C., AGED 84 YEARS, S/O JANAKI
          AMMA C., MODAMKIZI HOUSE, SANGEETHA ROAD,
          PERINTHALMANNA, MALAPPRUAM, PERINTHALMANNA -679322.

   9      ADDL. R9. SARALADEVI M.P., AGED 71 YEARS, D/O.
          PADMAVATHIYAMMA, KAILASAM, SANGEETHA ROAD,
          PERINTALMANNA, MALAPPURAM, PERINTALMANNA-679322.

   10     ADDL. R10. SUMATHI, AGED 61 YEARS, W/O CHANDRASEKAR
          A.K., CHANDRA NIVAS, ERANTHODE, NEAR KRISHI BHAVAN
          ANGADIPPURAM, VALAMBUR, MALAPPURAM -679325.

   11     ADDL. R11. SUNIL KUMAR M., AGED 53 YEARS, S/O.
          SETHUMADHAVAN M.P., MELEMADATHIL HOUSE, KARALMANNA
          POST, CHERPULACHERRY, KARALMANNA, PALAKKAD, KERALA-
          679506.

   12     ADDL. R12. VIJAYALAKSHMI A.K., AGED 72 YEARS,
          AYINIKOTTIL, VATTAMANNAPPURAM P.O., PALAKKAD, KERALA-
          679506.

   13     ADDL. R13. SANKARANARAYANAN K., AGED 59 YEARS, S/O
          DAMODARAN NAIR, KRISHNA SADAN, NEAR VILLAGE OFFICE,
          ALANALLUR, ALANNALLUR 1 PALAKKAD-678601.

   14     ADDL. R14. SOBHANA, AGED 64 YEARS, D/O DAKSHAYANI
          AMMA, KRISHNA SADAN, CHANDAPPADI, ALANNALLUR,
          PALAKKAD-678601.

   15     ADDL. R15. INDIRA, AGED 60, D/O DAMODARAN NAIR (LATE),
          KRISHNA SADAN, CHANDAPPADI, ALANNALUR PALAKKAD-
          678601.

   16     ADDL. R16. LATHA K , AGED 57 YEARS, W/O SIVADASAN
          C.P., PLOT NO. 31, D NO. 38/5 GURUVAYURAPPAN NAGAR,
          HOSUR, KRISHNAGIRI, TAMIL NADU-635109.

   17     ADDL. R17. SETHU MADHAVAN K., AGED 76 YEARS, AGED 76
          YEARS, S/O DHAMODHARAN NAIR, BHAGAVATH VILLA,
          KOLAKKADA, PERINTHALMANNA MALAPPURAM -679322.

   18     ADDL. R18. GIRIJA M.P., AGED 62 YEARS, W/O VISWANATHAN
          P, PETTAMANNA, EDATHANNATTUKARA P.O., PALAKKAD-
          678601.

   19     ADDL. R19. M.P RAMAKRISHAN, AGED 73 YEARS, S/O U
          NARAYANAN NAIR, UMMANATH, PULLIKKUTH, MELATTUR,
          MALAPPURAM-679326.
 WP(C) NO. 5528 OF 2023
                               3



   20     ADDL. R20. VASUDEVAN M.P, AGED 66 YEARS, S/O
          NARAYANAN NAIR, SREEHARI HOUSE, KOVILAKAM KUNDU NORTH,
          MANJERI, MALAPPURAM -676121.

   21     ADDL. R21. PADMANABHAN NAIR, AGED 68 YEARS, S/O
          PADMANABHAN NAIR, MODANKUZHI, CHUNDOTTUKUNNU,
          EDATHANATTUKARA, PALAKKAD -678601.

   22     ADDL. R22. RAVINDRAN M.P., AGED 64 YEARS, S/O KELUNNI,
          LAKSHMI NIVAS, THIRUVIZHAMKUNNU, KOTTOPPADAM-I,
          PALAKKAD -678601.

   23     ADDL. R23. REGHUNATHAN, AGED 62 YEARS, S/O KELUNNIO,
          MODAN KUZHI, POTTANCHOLAYIL, KOTTOPPADAM-I, PALAKKAD-
          678601
          (ARE IMPLEADED AS ADDL. RESPONDENTS R5 TO R23 AS PER
          ORDER DATED 14.03.2024 IN I.A. 1/2023 IN WP(C)
          5528/2023).

          BY ADVS. SABU GEORGE . M.B.SOORI
          P.B.KRISHNAN(K/1193/1994)
          P.B.SUBRAMANYAN(K/1145/2009)
          B.ANUSREE(K/000951/2016)
          MANU VYASAN PETER(K/000652/2013)
          PAUL C THOMAS
          BALAMURALI K.P.
          HARIPRIYA.M
          SRI P M SHAMEER-GP;


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 5528 OF 2023
                                 4



                             JUDGMENT

The petitioners have approached this Court alleging that

the party respondents are obstructing their right of passage

through a pathway, though they have no exclusive right over it.

They say that the first petitioner, therefore, preferred various

complaints before respondents 1 and 2 seeking protection, but

that they remain unheeded, thus constraining them to approach

this Court through this writ petition.

2. In response to the afore allegations of the petitioners, as

made by their learned counsel - Sri.Jayaram, the learned

counsel for the fourth respondent - Sri.P.B.Subramanyan,

submitted that the afore assertions are wrong and that no

blockade has been created, nor will be done in the future by his

client.

3. The learned counsel appearing for respondents 5 to 23

adopted the afore submissions of Sri.P.B.Subramaniam, adding

that the assertions of the petitioners are all untrue.

4. Sri.P.M.Shameer - learned Government Pleader, affirmed

that there is no blockade on the pathway at all and that the

police are maintaining law and order. He explained that some

of the party respondents appear to take the stand that the WP(C) NO. 5528 OF 2023

second petitioner is a stranger and that he has no right over the

property in question; however, that these are not issues into

which the police can enter and will enter, but that they will

ensure that none of them take law into their own hands.

5. I have no doubt that the afore position adopted by the

Police is the most apposite in the given circumstances.

In the afore circumstances, recording the submissions of

Sri.P.B.Subramaniam and that of the counsel for respondents 5

to 23, I allow this writ petition, directing the second respondent

to ensure that law and order is maintained in the area in

question and that no one is allowed to create any illegal

blockade over the pathway in question, though the rival

remedies before the Civil Courts are fully left open.

Sd/- DEVAN RAMACHANDRAN JUDGE

stu WP(C) NO. 5528 OF 2023

APPENDIX OF WP(C) 5528/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LOCATION SKETCH OF THE OBSTRUCTED WAY AND THE SURROUNDINGS PREPARED BY VILLAGE OFFICER, KOTTOPADAM-III VILLAGE

Exhibit P2 TRUE COPY OF THE REPORT DATED 06/01/2021 SENT BY THE VILLAGE OFFICER, KOTTOPADAM-III VILLAGE TO THE TALUK OFFICE, CONTAINING DETAILS OF OBSTRUCTION TO THE WAY AND ITS CONSEQUENCES WITH THE NON-CO-OPERATION OF THE 4TH RESPONDENT TO AMICABLY SETTLE THE ISSUE BEFORE THE JANAKEEYA SAMITHI IN THE VILLAGE

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 03/12/2022 FILED BY THE 1ST PETITIONER'S HUSBAND, SOMAN NAIR, THE 2ND PETITIONER AND OTHERS BEFORE THE INSPECTOR OF POLICE, NATTUKAL POLICE STATION AGAINST THE 4TH RESPONDENT

Exhibit P4 TRUE COPY OF THE RECEIPT DATED 11/12/2022 ISSUED FROM THE NATTUKAL POLICE STATION WITH RESPECT TO EXT.P3 COMPLAINT

Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 8/12/2022 FILED BY THE 1ST PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, NATTUKAL AGAINST THE 4TH RESPONDENT

Exhibit P6 TRUE COPY OF THE RECEIPT DATED 8/12/2022 ISSUED FROM THE NATTUKAL POLICE STATION WITH RESPECT TO EXT.P5 COMPLAINT

Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 20/12/2022 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT AGAINST THE 4TH RESPONDENT ON OBSTRUCTION TO THE WAY AND DESTRUCTION OF FENCING

Exhibit P8 TRUE COPY OF THE RECEIPT DATED 21/12/2022 ISSUED FROM THE DISTRICT POLICE OFFICE, PALAKKAD WITH RESPECT TO EXT.P7 COMPLAINT

Exhibit P9 TRUE COPY OF THE SALE DEED NO. 1357 OF 2019, SRO ALANELLUR, WHEREBY, THE 2ND PETITIONER AND HIS WIFE PURCHASED THE PROPERTY ON THE SIDES OF THE OBSTRUCTED WAY WP(C) NO. 5528 OF 2023

Exhibit P10 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 26/12/2022 ISSUED IN THE NAME OF 1ST PETITIONER'S SON, SARATH SOMAN, FROM VILLAGE OFFICE, KOTTOPADAM-III VILLAGE SHOWING ACTUAL POSSESSION OF THE PROPERTIES HELD BY SARATH SOMAN ON THE SIDES OF THE OBSTRUCTED WAY

Exhibit P11 TRUE COPY OF THE PHOTOGRAPHS SHOWING OBSTRUCTION TO THE WAY MADE BY THE 4TH RESPONDENT

Exhibit P12 A true copy of the application for purchase certificate of the ancestral home and property showing 1st petitioner also as a co-owner, filed by the 4th respondent before Land Tribunal, Agali

Exhibit P13 Photographs showing clearer pictures of the way and the obstruction

RESPONDENT EXHIBITS

Exhibit-R4(a) A true copy of the Circular issued by the State Police Chief dated 01-03-2012

Exhibit-R4(b) A true copy of the application dated 09-01- 2023 filed under the Right to Information Act,

Exhibit-R4(c) A true copy of the information dated 02-02- 2023 given by the State Public Information Officer, Kottoppadam Panchayat