Kerala High Court

Jagadeeshan vs The Superintendent Of Police on 5 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                      WP(C) NO. 16728 OF 2024
PETITIONER:

          JAGADEESHAN
          AGED 44 YEARS
          S/O RAMANKUTTI, IDAYILE MANNUTHARAYIL HOUSE, MUTTAM
          VADAKKU, THATTARAMBALAM P.O, MAVELIKARA, ALAPPUZHA,
          PIN - 690101
          BY ADV JAYARAMAN S.


RESPONDENT/S:

    1     THE SUPERINTENDENT OF POLICE
          OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPPUZHA,
          PIN - 688001
    2     THE DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
          ALAPPUZHA, PIN - 688001
    3     THE STATION HOUSE OFFICER
          NOORANADU POLICE STATION, ALAPPUZHA, PIN - 690504
    4     MOHANAN NAIR
          POYIKAYIL THEKKETHIL HOUSE, CHERUMUKHA, AYIRANIKUDY,
          ALAPPUZHA, PIN - 690558
    5     SABU
          KAVULLATHIL HOUSE, CHITTAKKADU LAKSHAM VEEDU COLONY,
          CHERUMUKHA, AYIRANIKUDY, ALAPPUZHA, PIN - 690558
    6     SIBI KUTTAN
          KUZHIYIL HOUSE, CHERUMUKHA, AYIRANIKUDY, ALAPPUZHA,
          PIN - 690558
          BY ADV GEORGE ZACHARIAH ERUTHICKEL
          SMT.REKHA C.NAIR - SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, ALONG WITH WP(C).16766/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C)NOs.16728 & 16766 of 2024    2



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                       WP(C) NO. 16766 OF 2024
PETITIONER:

          KRISHNAKUMARI
          AGED 57 YEARS
          W/O SIVAN, THARAYIL HOUSE, PUTHIYAKAVU, MAVELIKARA
          P.O, MAVELIKARA VILLAGE, MAVELIKARA TALUK,
          ALAPPUZHA-, PIN - 690101
          BY ADV JAYARAMAN S.


RESPONDENTS:

    1     THE SUPERINTENDENT OF POLICE
          OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPPUZHA,
          PIN - 688001
    2     THE DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
          ALAPPUZHA, PIN - 688001
    3     THE STATION HOUSE OFFICER
          NOORANADU POLICE STATION, ALAPPUZHA, PIN - 690504
    4     SANTHOSH
          CHERUMUKHA, AYIRANIKUDY, ALAPPUZHA, PIN - 690558
    5     VIJAYAN. T
          JAYANTHI BHAVAN HOUSE, CHERUMUKHA, AYIRANIKUDY,
          ALAPPUZHA, PIN - 690558
    6     JAYAN
          JAYABHAVANAM HOUSE, CHERUMUKHA, AYIRANIKUDY,
          ALAPPUZHA, PIN - 690558
          BY ADV GEORGE ZACHARIAH ERUTHICKEL
          SMT.REKHA C.NAIR, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2024, ALONG WITH WP(C).16728/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C)NOs.16728 & 16766 of 2024      3

                    JUDGMENT

[WP(C) Nos.16728/2024, 16766/2024]

The petitioners assert that they are constructing a building in

their property on the strength of valid building permit issued by the

jurisdictional Local Self Government Institution. They say that,

however, when their employees are engaged in such activity, they are

being obstructed by the party respondents, making untenable claims;

and therefore, that they preferred Exts.P5 application for protection

before the 3rd respondent, but that it has not evoked any response, thus

constraining them to approach this Court through these writ petitions.

2. However, in response to the afore submissions of the

petitioners, as impelled by their learned counsel - Sri.Jayaraman S., the

learned counsel appearing for the party respondents in both these

cases - Sri.George Zachariah Eruthickel, submitted that the averments

in these writ petitions are wholly incorrect and intended to mislead. He

explained that his clients have never caused any physical obstruction,

nor they intent to do so, but have already invoked their remedies before

the various Authorities, including the National Green Tribunal, because

the attempt of the petitioners is not to make a construction, but to

excavate their property and remove minerals therefrom illegally. He

argued that this has already been interdicted by the various orders of WP(C)NOs.16728 & 16766 of 2024 4

the National Green Tribunal and that the present attempt of the

petitioners is blatantly illegal and contrary to the statutory scheme,

because the area in question is a very vulnerable one. He thus prayed

that these writ petitions be dismissed.

3. Smt.Rekha C.Nair - learned Sr. Government Pleader, in

response, submitted that the Police are ensuring that law and order is

maintained, but cannot supervise the construction. She added that if

any threat or interference is faced by the petitioners and their

employees - in case they act as per law and within the confines of the

consents/permissions obtained - the Police will offer them protection,

but that if their attempt is to cause any illegality including by making

illegal excavation as alleged by the party respondents, then necessary

action may be permitted to be initiated and concluded as per law.

4. Going by the pleadings on record, it is limpid that the

petitioners say that they are only making a construction. There is no

reference therein to any attempt to cause excavation or to remove

minerals. However, there is a peripheral averment in one of the

paragraphs, that the petitioners have started construction by

excavating the land; and if this is so, then obviously, it will have to be

done only on the strength of valid permissions and Development Permit,

as the case may be, issued by the competent Authorities.

WP(C)NOs.16728 & 16766 of 2024 5

5. Since the party respondents say that they have already moved

the National Green Tribunal against the excavation of land or removal

of minerals, obviously the Police will have to ensure that the parties do

not engage in any illegal activity, while complying with directions from

this Court for protection.

6. To paraphrase, the province of the Police is only to ensure that

the lives and properties of the parties are adequately protected, but not

to supervise construction or to assist in excavation or such other

activities. The disputes between the parties in such regard will have to

be certainly resolved by them in terms of law, but without resorting to

violence.

In the afore circumstances, I allow these writ petitions to the

limited extent of directing the 3 rd respondent - Station House Officer, to

afford adequate and effective protection to the petitioners and their

employees, as long as they act within law and cause construction as per

the consents and licences obtained by them.

If, as stated by the party respondents, the attempt of the

petitioners is to cause excavation and removal of minerals without valid

licences from the competent Authorities, the Police shall intervene and

take necessary action as per law, including by involving such

Authorities as may be relevant and empowered; and will also make sure WP(C)NOs.16728 & 16766 of 2024 6

that no one is put to any undeserving benefit on account of the

directions in this judgment.

The Police shall, however, ensure that law and order is always

maintained, without anyone being allowed to take law into their own

hands and that the internecine disputes between the parties do not

degenerate into infraction of peace.

As far as the parties are concerned, their respective remedies and

liberties in law against each other are fully left open; and I clarify that

none of the rival contentions have been considered on its merits or

decided in this judgment and that they are all left open.

Sd/-

APPENDIX OF WP(C) 16728/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 01.07.2023 Exhibit P2 TRUE COPY OF THE SALE DEED NO.2014/2015/I DATED 03.12.2015 OF SRO NOORANADU Exhibit P3 TRUE COPY OF THE PERMIT NUMBER SC4-BA (111420/2024) DATED 27.03.2024 ISSUED FROM NOORANAD GRAMA PANCHAYATH Exhibit P4 TRUE COPY OF THE AFFIDAVIT DATED 14.04.2024 SUBMITTED BEFORE THE DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY ALAPPUZHA Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 17.04.2024 PREFERRED BEFORE THE SHO, NOORANAD POLICE STATION Exhibit P6 TRUE COPY OF THE RECEIPT DATED 19.04.2024 ISSUED FROM THE NOORANAD POLICE STATION WP(C)NOs.16728 & 16766 of 2024 8

APPENDIX OF WP(C) 16766/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 01.07.2023 Exhibit P2 TRUE COPY OF THE SALE DEED NO.2014/2015/I DATED 03.12.2015 OF SRO NOORANADU Exhibit P3 TRUE COPY OF THE PERMIT NUMBER SC4-BA (62658/2024) DATED 20.02.2024 ISSUED FROM NOORANAD GRAMA PANCHAYATH Exhibit P4 TRUE COPY OF THE AFFIDAVIT DATED 04.04.2024 SUBMITTED BEFORE THE DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY ALAPPUZHA Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 17.04.2024 PREFERRED BEFORE THE SHO, NOORANAD POLICE STATION Exhibit P6 TRUE COPY OF THE RECEIPT DATED 19.04.2024 ISSUED FROM THE NOORANAD POLICE STATION