Kerala High Court
Mathew Baby vs State Of Kerala on 5 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 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 3800 OF 2024
PETITIONERS:
1 MATHEW BABY, AGED 67 YEARS, S/O MATHEW, CHETTUPARAMBU,
KOKKOTHAMANGALAM, VELLIYAKULAM, CHERTHALA,
THANEERMUKKOM, ALAPPUZHA, PIN - 688527
2 PENNAMMA, AGED 62 YEARS, W/O MATHEW BABY,
CHETTUPARAMBU, KOKKOTHAMANGALAM, VELLIYAKULAM,
CHERTHALA, THANEERMUKKOM, ALAPPUZHA, PIN - 688527
BY ADVS.
LAL K.JOSEPH
P.MURALEEDHARAN (THURAVOOR)
T.A.LUXY
SURESH SUKUMAR
ANZIL SALIM
SANJAY SELLEN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF
SECRETARY TO HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 THE DISTRICT COLLECTOR, ALAPPUZHA
COLLECTORATE, CIVIL STATION WARD, ALAPPUZHA - 688001
3 THE SUPERINTENDENT OF POLICE
MUKHAMPURAYIDOM, CIVIL STATION WARD, ALAPPUZHA - 688012
4 THE STATION HOUSE OFFICER
CHETHALA POLICE STATION, ALAPPUZHA, PIN - 688524
5 LENIN, MEMBER, KERALA HEAD LOAD WORKERS, INDIAN
NATIONAL TRADE UNION CONGRESS (INTUC), CHERTHALA,
ALAPPUZHA,, PIN - 688527
6 UTHAMAN, MEMBER, KERALA HEAD LOAD WORKERS, BHARATIYA
MAZDOOR SANGH (BMS), CHERTHALA, ALAPPUZHA - 688527
WP(C) NO. 3800 OF 2024
2
7 CHANDRAN, MEMBER, KERALA HEAD LOAD WORKERS, CENTRE
OF INDIAN TRADE UNION (CITU), CHERTHALA,
ALAPPUZHA,, PIN - 688527
8 KERALA HEAD LOAD WORKERS
INDIAN NATIONAL TRADE UNION CONGRESS (INTUC),
CHERTHALA, ALAPPUZHA, REPRESENTED BY ITS UNIT
SECRETARY,, PIN - 688527
9 KERALA HEAD LOAD WORKERS
BHARATIYA MAZDOOR SANGH (BMS), CHERTHALA,
ALAPPUZHA, REPRESENTED BY ITS UNIT SECRETARY-
688527
10 KERALA HEAD LOAD WORKERS
CENTRE OF INDIAN TRADE UNION (CITU), CHERTHALA,
ALAPPUZHA, REPRESENTED BY ITS UNIT SECRETARY -
688527
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 3800 OF 2024
3
JUDGMENT
The petitioners are stated to be husband and wife as also
senior citizens; and assert that they are constructing a residential
house for themselves, on the strength of all relevant permits and
clearances issued by the Local Self Government Institutions and
other competent Authorities. They allege that, however,
respondents 5 to 7 - who are the members of various Trade
Unions, are obstructing their construction, by criminally
intimidating them and their employees with even injury and
death, making certain usurious demands; and that, in furtherance
thereof, they even demolished a portion of the construction
carried on.
2. The petitioners contend that the party respondents have
no right to intervene in the construction, particularly in view of
the declarations of this Court in Shyam Sunder v. Circle Inspector
of Police [2012 (3) KLT 698] and therefore, that they are entitled
to be granted protection by the police, which, however, has been
denied to them in spite of them having preferred Ext.P5 before
the fourth respondent - Station House Officer. They, therefore,
pray that the said Authority be directed to afford them and their
workmen necessary protection for the purpose of completion of
WP(C) NO. 3800 OF 2024
the construction.
3. The files reveal that service of summons from this Court
has been validly completed on respondents 5 to 10. However,
they are not present in person today, nor are they represented
through counsel; inferentially guiding me to the impression that
she has nothing to offer in opposition to the various reliefs sought
for in this writ petition.
4. Sri.P.M.Shammer - learned Government Pleader, affirmed
that the petitioners have all the licences and consents to
undertake and complete construction and that respondents 5 to
10 cannot obstruct it, in view of the declarations in Shyam Sunder
(supra). He added that, therefore, the police have summoned the
party respondents and warned them adequately, resultant to
which, there have been no law and order violations, nor any
obstruction presently faced by the petitioners.
5. The afore submissions and undertaking of the learned
Government Pleader certainly would be sufficient for the
petitioners because, they only seek adequate protection by the
police, which has now been offered to them.
In the afore circumstances, I allow this writ petition,
WP(C) NO. 3800 OF 2024
recording the submissions and undertaking of the learned
Government Pleader; with a consequential direction to the fourth
respondent to ensure that law and order is maintained in the area
where the petitioners are residing and that they and their
employees are given adequate protection, when they complete the
construction on the strength of all valid and necessary licences. It
shall also be ensured on a continual basis that the party
respondents do not take law into their own hands, or commit any
action which is in breach of peace.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 3800 OF 2024
APPENDIX OF WP(C) 3800/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE SALE DEED NO.701/12
DATED 14/03/2012 REGISTERED WITH CHERTHALA
S.R.O.
Exhibit P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE
NO.82041780 DATED 25/11/2023 ISSUED BY THE
KOKKOTHAMANGALAM VILLAGE OFFICE IN FAVOUR OF
THE 1STPETITIONER
Exhibit P3 THE TRUE COPY OF THE RECEIPT DATED 28/12/2023
EVIDENCING PAYMENT OF PERMIT FEE FOR
CONSTRUCTION OF BUILDING.
Exhibit P4 THE TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT DATED 29/12/2023 BEARING
NO.SC 3-BA(435037)/2023 BOTH ISSUED BY THE
THANNEERMUKKAM GRAMA PANCHAYATH IN FAVOUR OF
THE 1ST PETITIONER
Exhibit P5 THE TRUE COPY OF THE COMPLAINT DATED
21/01/2024 SUBMITTED BY THE 1ST PETITIONER
BEFORE THE 4TH RESPONDENT
Exhibit P5(a) THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT
DATED 21/01/2024 EVIDENCING THE RECEIPT OF
EXT.P5
