Kerala High Court

Pusphalatha vs Radhakrishnan on 21 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                          WP(C) NO. 14196 OF 2024
PETITIONERS:

     1       PUSPHALATHA,
             AGED 44 YEARS
             W/O. SHANKAR, RESIDING AT 74, KARUPPANAN LAYOUT,
             PELLAMEDU, COIMBATORE, TAMIL NADU, PIN - 641004
     2       GAJENDRAN VELUSAMY,
             AGED 35 YEARS
             S/O. VELUSAMY, NO. 74, OLD NO. 398A, KARUPPANA LAYOUT,
             V.K. RAOD, PELLAMEDU, COIMBATORE SOUTH TALUK, COIMBATORE,
             TAMIL NADU, PIN - 641004
             BY ADVS.
             T.P.SAJID
             K.P.MOHAMED SHAFI
             SREESHMA B. CHANDRAN
             SHIFA LATHEEF
             MUHAMMED HAROON A.N.
             P.T.SHAHUL HAMEED
             HASHARURAHIMAN U.
             MOHEMED FAVAS


RESPONDENTS:

     1       THE SECRETARY,
             AGALI GRAMA PANCHAYAT, AGALI PO, ATTAPPADY, PALAKKAD
             DISTRICT, PIN - 678581
     2       AGALI GRAMA PANCHAYAT,
             REPRESENTED BY ITS SECRETARY, AGALI PO, ATTAPPADY,
             PALAKKAD DISTRICT, PIN - 678581
             BY ADV K.MOHANAKANNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.06.2024, ALONG WITH WP(C).10887/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) Nos.14196/2024, 10887/2024
                                     2



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                          WP(C) NO. 10887 OF 2024
PETITIONERS:

     1       PUSPHALATHA
             AGED 44 YEARS
             W/O. SHANKAR, RESIDING AT 74, KARUPPANAN LAYOUT,
             PELLAMEDU, COIMBATORE, TAMIL NADU, PIN - 641004
     2       GAJENDRAN VELUSAMY,
             AGED 35 YEARS
             S/O. VELUSAMY, NO. 74, OLD NO. 398A, KARUPPANA LAYOUT,
             V.K. RAOD, PELLAMEDU,COIMBATORE SOUTH TALUK, COIMBATORE,
             TAMIL NADU, PIN - 641004
             BY ADVS.
             T.P.SAJID
             SHIFA LATHEEF
             MUHAMMED HAROON A.N.
             HASHARURAHIMAN U.
             MOHEMED FAVAS
             K.P.MOHAMED SHAFI
             SREESHMA B. CHANDRAN


RESPONDENTS:

     1       RADHAKRISHNAN,
             S/O. KUNJIKRISHNAN NAIR, PULIKKAPADAM, THENKARA,
             MANNARKAD, PALAKKAD DISTRICT, PIN - 678582
     2       REMA,
             W/O. RADHAKRISHNAN, PULIKKAPADAM, THENKARA, MANNARKAD,
             PALAKKAD DISTRICT, PIN - 678582
     3       MANEESH,
             S/O. MOHANAN, MADATHIL HOUSE, PALLIYARA, AGALI PO,
             PALAKKAD DISTRICT, PIN - 678581
     4       THE DEPUTY SUPERINTENDENT OF POLICE,
             AGALI POLICE STATION, AGALI, PALAKKAD DISTRICT, PIN -
 WP(C) Nos.14196/2024, 10887/2024
                                   3

           678581
     5     THE SUPERINTENDENT OF POLICE,
           AGALI POLICE STATION, AGALI, PALAKKAD DISTRICT, PIN -
           678581
           BY ADVS.
           K.MOHANAKANNAN
           H.PRAVEEN (KOTTARAKARA)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.06.2024, ALONG WITH WP(C).14196/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) Nos.14196/2024, 10887/2024
                                       4

                                   JUDGMENT

I am considering and disposing of these Writ

Petitions together because, the factual

circumstances and the controversy impelled are

interlayered and substantially common.

2. The petitioners in both these cases

allege that, even though they were legally

putting up fencing on their property, it has

been interdicted by the Panchayat, leading to

WP(C)No.14196/2024 being filed; and that even

before so, the party respondents in

WP(C)No.10887/2024 used force and meted out

threats and intimidation to them and their

employees, obstructing them from doing so. They

say that they approached the police for

protection, but that when it was denied, they

approached this Court, through the

aforementioned WP(C)No.10887/2024. WP(C) Nos.14196/2024, 10887/2024

3. Today, Sri.T.P.Sajid - learned counsel

for the petitioners, submitted that, as far as

WP(C)No.14196/2024 is concerned, his clients

will be satisfied if the Panchayat is directed

to take up Ext.P11 reply preferred by them

against Ext.P12 notice, purportedly issued under

Section 220 A of the Kerala Panchayat Raj Act

because, it will then be rendered clear whether

there is a public road as asserted by them, or

if they have caused any trespass into the same

as alleged. He then submitted that, as far as

WP(C)No.10887/2024 is concerned, though his

clients have sought protection to put up the

iron fence, or to repair the same, he is not

pressing it for the time being; but that their

lives may be ordered to be protected because,

they fear that they would be even done away with

by the party respondents therein, in the WP(C) Nos.14196/2024, 10887/2024

meanwhile.

4. In response, Sri.K.Mohana Kannan -

learned counsel appearing for the Panchayat, as

also the party respondents in

WP(C)No.10887/2024, submitted that since the

petitioners have replied to the notice issued by

the Panchayat under Section 220A of the Act, his

client is willing to consider the same as per

law and to issue appropriate orders thereon. He,

however, asserted that the party respondents in

WP(C)No.10887/2024 have not taken law into their

own hands, nor do they intend to do so because,

it is not required for them to do so, since they

have already invoked legal remedies before the

Panchayat, leading to a "Stop Memo" having been

issued by them.

In the afore circumstances and with the

consent of both sides, I dispose of these Writ WP(C) Nos.14196/2024, 10887/2024

Petitions with the following directions:

a) WP(C)No.14196/2024 is allowed, directing

the competent Authority of the Panchayat to take

up Ext.P13 and dispose of the same, after

hearing both sides and following due procedure;

thus culminating in an appropriate final

decision thereon, as expeditiously as is

possible, but not later than one month from the

date of receipt of a copy of this judgment.

the 5th respondent - Superintendent of Police to

ensure that the lives of both the parties are

protected against each other, but without

intervening into any of the disputes between

them; thus ensuring that law and order is always

maintained, without any breach of peace.

I, however, clarify that the petitioners

cannot cause any construction or repair of the WP(C) Nos.14196/2024, 10887/2024

iron fence until such time as the Panchayat

takes a final decision in terms of direction (a)

above.

I, further clarify that even though certain

observations have been made in this judgment, it

is not intended to trammel or fetter any of the

rival rights of the parties, or the competence

of the Panchayat to take a final appropriate

decision; and that they are all left open to be

completed, as per law.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) Nos.14196/2024, 10887/2024

APPENDIX OF WP(C) 10887/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE JENMON SALE DEED DATED 18/1/2023 OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE JENMON SALE DEED DATED 18/1/2023 OF 2ND PETITIONER Exhibit P3 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 1ST PETITIONER FROM AGALI VILLAGE DATED 7/3/2024 Exhibit P4 TRUE COPY OF THE TAX RECEIPT ISSUED FROM AGALI VILLAGE OFFICE DATED 7/3/2024 TO THE 2ND PETITIONER Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 9/3/2024 BY THE AGALI VILLAGE OFFICE Exhibit P6 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 2ND PETITIONER DATED 9/3/2024 BY THE AGALI VILLAGE OFFICE Exhibit P7 TRUE COPY OF THE PHOTOGRAPHS OF THE EVIDENCING THE DAMAGED FENCING Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 5/3/2024 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P9 TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONERAGAINST THE COMPLAINT, DATED 05/03/2024 Exhibit P10 TRUE COPY OF THE COMPLAINT DATED 12/3/2024 SUBMITTED BY THE PETITIONERS BEFORE THE 5TH RESPONDENT Exhibit P11 TRUE COPY OF THE CORRECTED REPRESENTATION SENT TO THE 5TH RESPONDENT DATED 12/03/2024 WP(C) Nos.14196/2024, 10887/2024

APPENDIX OF WP(C) 14196/2024

PETITIONERS' EXHIBITS:

Exhibit P1 TRUE COPY OF THE JENMON SALE DATED 18/1/2023 OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE JENMON SALE DEED DATED 18/1/2023 OF 2ND PETITIONER Exhibit P3 TRUE COPY OF THE TAX RECEIPT ISSUED TO THE 1ST PETITIONER FROM AGALI VILLAGE DATED 7/3/2024 Exhibit P4 TRUE COPY OF THE TAX RECEIPT ISSUED FROM AGALI VILLAGE OFFICE DATED 7/3/2024 TO THE 2ND PETITIONER Exhibit P5 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE 1ST PETITIONER DATED 9/3/2024 BY THE AGALI VILLAGE OFFICE Exhibit P6 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 9/3/2024 ISSUED TO THE 2ND PETITIONER BY THE AGALI VILLAGE OFFICE Exhibit P7 TRUE COPY OF THE PHOTOGRAPHS OF THE EVIDENCING THE DAMAGED FENCING Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 12/3/2024 SUBMITTED BY THE PETITIONERS BEFORE THE SUPERINTENDENT OF POLICE, PALAKKAD Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 18/3/2024 PASSED BY THIS HON'BLE COURT IN W.P.(C).

Exhibit P10 TRUE COPY OF THE APPLICATION DATED 24/8/2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT Exhibit P11 TRUE COPY OF THE REPLY DATED 26/8/2023 ISSUED BY THE RESPONDENT PANCHAYAT TO THE PETITIONER Exhibit P12 TRUE COPY OF THE NOTICE BEARING NO. SC3- 5752/2023 DATED 23/3/2024 ISSUED BY THE RESPONDENT TO THE PETITIONER Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 28/3/2024 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT WITHOUT ANNEXURES RESPONDENTS' EXHIBITS:

Exhibit R1(a) TRUE COPY OF THE NOTICE ISSUED BY THE 1ST WP(C) Nos.14196/2024, 10887/2024

RESPONDENT DATED 02.05.2024 Exhibit R1(b) TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO EXHIBIT R1(A) DATED 10.05.2024 NOTICE Exhibit R1(c) TRUE COPY OF THE RELEVANT PAGE OF THE ASSET REGISTER MAINTAINED BY THE PANCHAYATH PETITIONER EXHIBITS EXHIBIT P14 TRUE COPY OF THE REPRESENTATION DATED 5/3/2024 SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY SUPERINTENDENT OF POLICE , AGALY EXHIBIT P15 TRUE COPY OF THE RECEIPT ISSUED FROM THE AGALI POLICE STATION DATED 05/03/2024 EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 31/05/2024 SUBMITTED BY THE PETITIONERS BEFORE THE SECRETARY , AGALI GRAMA PANCHAYATH, WITHOUT ANNEXURES EXHIBIT P17 TRUE COPY OF THE POSTAL RECEIPT OF EXT. P16 DATED 31/05/2024 EXHIBIT P18 TRUE COPY OF THE NOTICE ISSUED BY THE SECRETARY , AGALI GRAMA PANCHAYATH TO THE PETITIONERS DATED 02/05/2024 EXHIBIT P19 TRUE COPY OF THE REPLY DATED 10/05/2024 SUBMITTED BY THE PETITIONERS BEFORE THE SECRETARY , AGALI GRAMA PANCHAYATH, WITHOUT ANNEXURES EXHIBIT P20 TRUE COPY OF THE POSTAL RECEIPT OF EXT.P19 DATED 13/05/2024