Kerala High Court
Aleyamma Mathunny vs District Police Chief on 16 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 5768 OF 2024
PETITIONER:
ALEYAMMA MATHUNNY
AGED 58 YEARS
W/O.ALEXANDER KOSHY, KUZHIYIL VEEDU, KIZHAKKETHERUVU P.O,
KOTTARAKKARA, KOLLAM, PIN - 691531.
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
MARIYA JOSE
RESPONDENTS:
1 DISTRICT POLICE CHIEF
KOLLAM RURAL, KOTTARAKKARA, KOLLAM, PIN - 691506.
2 DEPUTY SUPERINTENDENT OF POLICE
KOTTARAKKARA, KOLLAM, PIN - 691506.
3 THE STATION HOUSE OFFICER
KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, PIN -
691506.
4 MOLY MATHEW
THERAKATHU HOUSE, KIZHAKKETHERUVU P.O, KOTTARAKKARA,
KOLLAM, PIN - 691531.
5 MATHEW THOMAS
THERAKATHU HOUSE, KIZHAKKETHERUVU P.O, KOTTARAKKARA,
KOLLAM, PIN - 691531.
6 SAJI THOMAS
VENKALAKADA HOUSE, KIZHAKKETHERUVU P.O, KOTTARAKKARA,
KOLLAM, PIN - 691531.
7 KOSHY.K.BABU
KUTTIYILAZHIKATHU VEEDU, KIZHAKKETHERUVU P.O,
KOTTARAKKARA, KOLLAM, PIN - 691531.
8 ABRAHAM ALEXANDER
PANDALAYIL HOUSE, KIZHAKKETHERUVU P.O, KOTTARAKKARA,
KOLLAM (PANCHAYAT MEMBER, WARD NO.15, MELILA PANCHAYAT),
PIN - 691531.
9 MELILA GRAMA PANCHAYAT
CHENGAMANADU P.O, KOTTARAKKARA, KOLLAM REPRESENTED BY ITS
WP(C) NO. 5768 OF 2024 2
SECRETARY, PIN - 691557.
SRI.SHAMEER P M, GP. &
SRI.PREMCHAND R NAIR, SC FOR MELILA GRAMA PANCHAYATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5768 OF 2024 3
JUDGMENT
The petitioner states that she is the absolute owner in title and
possession of an item of property having an extent of about 23.80 Ares
comprised in Re.Sy. No.89/7 of Melila Village. The aforesaid property was
purchased by her on the strength of Ext.P1. She refers to Exts.P2 and P3 tax
receipts and possession certificates to substantiate that she is in absolute
possession of the property. She states that based on a request, the Taluk
Surveyor has measured the property and has issued notice in Form No.13.
According to the petitioner, she approached the local authority and filed an
application seeking to permit the construction of a compound wall on the
southern side of the property. Based on the request and on the strength of
the documents placed before the authorities, Ext.P6 site approval and
building permit have been issued. The petitioner states that the 7th
respondent and his men are opposing the construction of the boundary wall.
It is on these assertions that this writ petition is filed seeking directions.
2. Though notice was issued to the party respondents, they have
not chosen to enter appearance.
3. The learned Standing Counsel appearing for the 9th
respondent Panchayath, submits the petitioner has been issued with a
permit.
4. The learned Government Pleader submits that as of date there
is no law and order situation prevailing in the locality. It is submitted that
the request made by the petitioner before the Deputy Superintendent of
Police was forwarded to the Station House Officer and according to him
there is no law and order situation.
5. I find that the petitioner is the absolute owner and she has a
permit in her name for carrying out the construction of the boundary wall.
From Ext.P4 it appears that the Taluk Surveyor has also measured out the
property and fixed the boundary wall.
In that view of the matter, I am of the view that necessary
directions can be issued. If any obstruction is caused to the construction of
the boundary wall strictly in terms of Ext.P6 permit, the petitioner may
approach the Station House Officer who shall render necessary assistance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sru
APPENDIX OF WP(C) 5768/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE COPY OF SALE DEED NO.536/2001 DATED
15.2.2001 EXECUTED IN FAVOUR OF THE PETITIONER.
Exhibit P2 THE COPY OF TAX RECEIPT DATED 23.9.2023 ISSUED
BY THE VILLAGE OFFICER, MELILA.
Exhibit P3 THE COPY OF POSSESSION CERTIFICATE DATED
23.9.2023 ISSUED BY THE VILLAGE OFFICER,
MELILA.
Exhibit P4 THE COPY OF NOTICE IN FORM NO.13 DATED
16.10.2023 ISSUED BY THE TAHSILDAR,
KOTTARAKKARA.
Exhibit P5 THE COPY OF FIELD PLAN FOR THE SURVEY 89/7 OF
MELILA VILLAGE DATED NIL.
Exhibit P6 THE COPY OF BUILDING PERMIT ALONG WITH THE
APPROVED PLAN FOR THE CONSTRUCTION OF THE
COMPOUND WALL DATED 28.10.2023.
Exhibit P7 THE COPY OF COMPLAINT DATED 16.1.2024 SUBMITTED
BEFORE THE 2ND RESPONDENT.
Exhibit P7(a) THE COPY OF RECEIPT DATED 17.1.2024 ISSUED BY
THE 2ND RESPONDENT.
