Anil Kumar vs State Of Kerala
2024 Latest Caselaw 15645 Ker

Kerala High Court

Anil Kumar vs State Of Kerala on 6 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                          WP(C) NO. 15048 OF 2024
PETITIONER:

              ANIL KUMAR
              AGED 46 YEARS
              RAJI BHAVAN, CHILAMBIL, AZHOOR, SASTHAVATTOM,
              THIRUVANANTHAPURAM, KERALA, PIN - 695305
              BY ADVS.
              G.RANJU MOHAN
              M.SANTHI (K/868/2011)
              SREEHARI M.B.
              THEERTHA NAIR A.P.
              DEV NATH A.
              PYARIN B. KURUVITHADAM


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY HOME SECRETARY, HOME DEPARTMENT,
              SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2        KERALA STATE POLICE CHIEF
              POLICE HQ, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
     3        SUB INSPECTOR OF POLICE
              VELLARADA POLICE STATION, VELLARADA, THIRUVANANTHAPURAM,
              PIN - 695505
     4        CHANDRA BABU S.S
              SECRETARY, AZHOOR GRAMA PANCHAYAT, THIRUVANANTHAPURAM.,
              PIN - 695305
     5        DIRECTORATE OF MINING AND GEOLOGY
              KESAVADASAPURAM, PATTOM PALACE PO, THIRUVANANTHAPURAM,
              PIN - 695004
     6        DEEPU
              AGED 42 YEARS
              DEEPU NIVAS, CHILAMPIL SASTHAVATTOM P.O, AZHOOR VILLAGE,
              THIRUVANATHAPURAM DISTRICT., PIN - 695305
     7        RAJESH (MANIKANTAN)
              AGED 38 YEARS
              CHANDRIKA NIVAS CHILAMPIL SASTHAVATTOM P.O AZHOOR
 WP(C) NO. 15048 OF 2024
                                  2

           VILLAGE,THIRUVANATHAPURAM DISTRICT, PIN - 695305
     8     ANURAJ
           AGED 41 YEARS
           S/O RAJAN NAIR, MADATHIL VEEDU, CHILAMPIL ,SASTHAVATTOM
           PO AZHOOR VILLAGE ,THIRUVANANTHAPURAM DISTRICT, PIN -
           695305
     9     SREEDEVI
           AGED 40 YEARS
           D/O RAJAN NAIR SREEKALABHAVAN,CHILAMBIL,SASTHAVATTOM P O
           AZHOOR VILLAGE,THIRUVANANTHAPURAM DISTRICT, PIN - 695305
    10     ANUJA
           AGED 34 YEARS
           D/O RAJAN NAIR, KUNNUMPURATHU VEEDU, CHILAMBIL,
           SASTHAVATTOM P O, AZHOOR VILLAGE, THIRUVANANTHAPURAM
           DISTRICT, PIN - 695305
    11     ADDL. R11. SUB-INSPECTOR OF POLICE,
           CHIRAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM PIN -
           685304. (*ADDL. R11 IS IMPLEADED AS PER ORDER DATED
           03.05.2024 IN IA-2/2024 IN WP(C) N0. 15048/2024.)
           BY ADVS.
           LIJU MP
           G.P.SHINOD
           GOVIND PADMANAABHAN(K/925/2010)
           AJIT G ANJARLEKAR(K/000083/2014)
           ATUL MATHEWS(K/1675/2018)
           GAYATHRI S.B.(K/2005/2020)



           SMT.REKHA C.NAIR, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15048 OF 2024
                                       3

                                 JUDGMENT

The petitioner says that, he is engaged in

the construction of a "Villa Apartment Project"

in his own property, within the territorial

jurisdiction of Azhoor Grama Panchayat and has

produced Ext.P1 "Development Permit" issued by

it. He says that, for the purpose of completing

the work as per Ext.P1 Development Permit, sand

and minerals have to be removed from the

property, for which, he has received Ext.P2

"Movement Permit" from the jurisdictional

Geologist; but that when he and his employees

tried to do so, they have been obstructed by

respondent Nos.4 to 10, making various untenable

demands and therefore, that he approached the 3rd

respondent - Sub Inspector of Police seeking

protection, which has not been, however,

granted.

WP(C) NO. 15048 OF 2024

2. The petitioner alleges that, even though

he preferred Ext.P3 complaint detailing all his

grievances, the 3rd respondent has refused to

act, presumably because of the influence cast

upon him by the party respondents; and

therefore, that he has been left without any

other option but to approach this Court.

3. However, in response to the afore

submissions of Sri.G.Ranju Mohan - learned

counsel for the petitioner, the learned counsel

appearing for respondents Nos.6 to 10 -

Sri.Govind Padmanabhan, submitted that his

clients have not meted out any threat or

intimidation to the petitioner, nor they require

to do so, because they have already invoked

their legal remedies before the competent Court

and have obtained orders. He explained that his

clients are fearful of the actions of the WP(C) NO. 15048 OF 2024

petitioner because, if the amount of sand and

mineral that he intents to remove from the

properties is allowed to be done, it would cause

the lateral support of their property to be

completely deteriorated and devastated, thus

causing catastrophic consequences. He submitted

that, therefore, his clients have approached the

competent Court and have obtained an order of

injunction, wherein, several conditions have

been imposed before the petitioner can be

allowed to remove sand; and therefore, this writ

petition is an abuse of process, thus pray that

it be dismissed.

4. Smt.Rekha.C.Nair - learned Senior

Government Pleader, submitted that the Police

have adverted to the complaints of the

petitioner, to find that the disputes between

the parties are primarily with respect to the WP(C) NO. 15048 OF 2024

development of the latter's land and the removal

of sand therefrom. She added that Ext.P2

'Movement Permit' earlier granted to the

petitioner has now expired; and therefore, that

the police are not in a position to act. She

submitted that, therefore, the police will abide

by any direction to be issued by this Court.

5. In reply, however, Sri.G.Ranju Mohan -

learned counsel for the petitioner, submitted

that, even though the original term of Ext.P2

has now expired, his client has applied for its

renewal which he is confident of obtaining since

the Panchayat, as also the competent Authority,

have recommended the same. He, therefore, prayed

that the police be directed to afford necessary

protection to his client, as and when he obtains

his renewed Movement permit; undertaking that

they will abide by every order, directions and WP(C) NO. 15048 OF 2024

instruction to be issued to them by the

competent Courts and Authorities.

6. When I consider and evaluate the afore

rival positions, it is clear that the role of

the police will be attracted only if there is a

law and order issue and if the parties commit

action which are in breach of peace.

7. As matters now stand, the real

controversy is with respect to the removal of

sand from the petitioner's property, which

appears to be objected to by the party

respondents; but that the term of Ext.P2 has now

admittedly expired.

8. Obviously, until the petitioner is able

to renew Ext.P2, he will not be in the position

to remove the sand; and this is pertinent

because, as recorded above, the party

respondents say that they have already obtained WP(C) NO. 15048 OF 2024

certain orders from the competent Court, which

they have produced before the jurisdictional

Geologist and such other Authorities.

9. To paraphrase, unless the 'Movement

Permit', namely Ext.P2, is either renewed or a

fresh one issued in favour of the petitioner,

the controversy projected in this case does not

have any relevance because, it is conceded by

Sri.Ranju Mohan also that his client will not

act without such.

In the afore circumstances, I allow this

Writ Petition to the limited extent of directing

the 3rd respondent to ensure that the lives of

both parties are adequately protected and that

law and order is always maintained in the area,

without any of the parties being allowed to take

law into their own hands, or to commit any

action which is in violation of peace. The said WP(C) NO. 15048 OF 2024

Authority will also ensure that no activities

are carried on by either of the parties in

violation of law, without the relevant licences

and consents; and such are to be so produced

before it, then it shall look into the same and

take necessary action to ensure that necessary

protection is offered, subject to law and

subject to all orders issued or to be issued by

the competent Courts.

I, however, clarify that I have not entered

into the merits of any of the rival contentions

of the parties and that they are all left open;

as also their available liberties, without it

being decided or interdicted in any manner.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 15048 OF 2024

APPENDIX OF WP(C) 15048/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE DEVELOPMENT PERMIT OF AZHOOR GRAMA PANCHAYAT DATED 29-12-2021 Exhibit P2 TRUE COPY OF MOVEMENT PERMIT FOR TRANSPORTATION OF ORDINARY EARTH EXCAVATED IN CONNECTION WITH CONSTRUCTION OF BUILDING GRANTED BY THE DEPARTMENT OF MINING AND GEOLOGY DATED 03-04-2024 Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BEFORE CHIRAYINKEEZHU POLICE STATION DATED 08-04-2024 Exhibit P4 THE RECEIPT OF THE COMPLAINT FILED BEFORE CHIRAYINKEEZHU POLICE STATION DATED 08-04-2024

RESPONDENTS' EXHIBITS:

EXHIBIT R6(a) THE TRUE COPY OF THE LATEST COMPLAINT DATED 16.04.2024 SUBMITTED BY THE 8TH RESPONDENT BEFORE THE AZHOOR GRAMA PANCHAYAT EXHIBIT R6(b) A TRUE COPY OF THE PLAINT IN OS.NO.213/2024 OF THE MUNSIFF COURT, ATTINGAL DATED 5.4.2024 EXHIBIT R6(c) A TRUE COPY OF PLAINT OS.NO.UNNUMBERED/2024 (CF.NO.6799/2024) OF THE DISTRICT COURT, THIRUVANANTHAPURAM DATED 16.04.2024 EXHIBIT R6(d) A TRUE COPY OF INJUNCTION ORDER IN I.A.NO.3/2024 IN OS.NO.UNNUMBERED/2024(C.F.NO.6799/2024) OF THE DISTRICT COURT, THIRUVANANTHAPURAM DATED 17.4.2024 EXHIBIT R6(e) A TRUE COPY OF THE COMPLAINT DATED 16.04.2024 SUBMITTED BEFORE THE GEOLOGIST BY THE EIGHTH RESPONDENT