Kerala High Court
Dany Jose vs The District Police Chief on 21 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 36464 OF 2023
PETITIONERS:
1 DANY JOSE, AGED 32 YEARS, S/O. JOSE,
PUNNAIKKAL KILUKKAN HOUSE, MANJAPRA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
2 VARGHESE ANTHONY KARINGEN, AGED 65 YEARS,
S/O. ANTHONY KARINGEN, KARINGEN HOUSE,
MANJAPRA P.O., ERNAKULAM DISTRICT, PIN - 683581.
BY ADVS.
PAUL K.VARGHESE
A.A.GEETHA
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF,
ALUVA RURAL, ALUVA,
ERNAKULAM DISTRICT, PIN - 683101.
2 THE STATION HOUSE OFFICER,
AYYAMPUZHA POLICE STATION, AYYAMPUZHA,
KALADY, PIN - 683581.
3 CHERIYAN ITTIRA, S/O. ITTIRA, PALATTY HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
4 AKIL PAUL, S/O. PAUL, PALATTY HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
5 DINESH, S/O. THAKAPPAN, CHENGANATTU HOUE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
6 VIDHYASAGAR, S/O. THAKAPPAN, CHENGANATTU HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
7 BENNY, S/O. DEVASIKUTTY, KOIKKARA HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
WP(C) NO. 36464 OF 2023
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ERNAKULAM DISTRICT, PIN - 683581.
8 DEVASSIKUTTY, S/O. OUSEPH, KOIKKARA HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
9 ARYAN KURIAN, S/O. KURIYAN, PALATTY HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
10 STEPHEN ITTIRA, S/O. ITTIRA, PALATTY HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
11 TONY STEPHEN, S/O. STEPHEN, PALATTY HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
12 PAULOSE RAPPAY, S/O. RAPPAY, ALUKKA HOUSE,
AMALAPURAM, AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683581.
13 CHAKKU OUSEPH, S/O. OUSEPH.
PAROKKARAN HOUSE, AMALAPURAM,
AYYAMPUZHA P.O.,
ERNAKULAM DISTRICT, PIN - 683881.
BY ADVS.MAYA T S
K.A.SUNITHA(K/347/2003)
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 36464 OF 2023
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JUDGMENT
The petitioners say that they are proposing
to establish a 'Cement Bricks Unit' in the
property covered by Ext.P1, which is owned by
them; but that they are being obstructed from
even commencing the work by the party
respondents, though they are acting strictly as
per Exts.P3 to P5 consents and permissions given
by the authorized and competent Authorities.
They say that they have, therefore, preferred
Ext.P6 complaint before the 2nd respondent -
Station House Officer, seeking protection; but
that no action has been taken thereon, thus
constraining them to have approached this Court
through this Writ Petition.
2. In response to the afore submissions of
Smt.A.A.Geetha - learned counsel for the
petitioner, the learned counsel appearing for
respondents 3 to 13 - Smt.Maya T.S., submitted
WP(C) NO. 36464 OF 2023
that her clients have filed a counter affidavit,
wherein, it has been averred that they have
absolutely no objections to the petitioners
engaging themselves in any lawful activity,
including the commencement of the Unit; but that
they can do so only in strict compliance with
the legal requirements and in no other manner.
She submitted that, however, the petitioners are
trying to violate law, in not obtaining
necessary clearances from the Local Self
Government Institution before establishing a
borewell on their property on the strength of
Ext.P5, though such a condition is specifically
ingrained in it.
3. Smt.Maya T.S. thus prayed that, even if
this Court is inclined to grant protection to
the petitioners, it may be clarified that they
will not be allowed to act in violation of law
or to dig a borewell except in terms of Ext.P5,
WP(C) NO. 36464 OF 2023
after obtaining necessary clearances from the
Local Self Government Institution.
4. Smt.Rekha C.Nair - the learned Senior
Government Pleader, in response to the afore
rival positions of the parties, submitted that
the Police, in obedience to the interim
direction of this Court dated 06.11.2023, have
ensured that there is no law and order violation
in the area on account of the internecine
disputes between the parties; but that they
cannot resolve or decide the same in any manner
whatsoever. She added that they are willing to
abide by any direction to be issued by this
Court.
5. I have examined the pleadings of the
parties, particularly the counter affidavit
filed by the party respondents.
6. As I have already recorded above, the
party respondents only say that the petitioners
WP(C) NO. 36464 OF 2023
are attempting to dig a borewell illegally
without obtaining necessary clearances from the
Local Self Government Institution, even though
this is one of the specific conditions
mentioned in Ext.P5. This certainly, is not a
matter that this Court can look into or answer
affirmatively, while acting under the 'police
protection' jurisdiction. But, it is needless to
say that any action by the parties can be
allowed by the competent Authorities only if
they are in full compliance of the requirements
of law.
7. Be that as it may, the internecine
disputes between the parties cannot be allowed
to degenerate into a law and order issue, nor
can they be allowed to commit any action against
each other which would cause injury, threat or
intimidation. The Police are certainly expected
to ensure that this is fully complied with.
WP(C) NO. 36464 OF 2023
In the afore circumstances, I allow this
Writ Petition to the limited extent of directing
the 2nd respondent to ensure that the lives of
the petitioners and their workmen, as also that
of the party respondents, are protected from
each other; and that any action carried on by
the petitioners in lawful compliance with
Exts.P3 to P5 is permitted without violation of
law; however, ensuring that all necessary
requirements and requisites are satisfied.
As far as the party respondents are
concerned, their remedies before any other
Authority, including against Exts.P3 to P5, as
they are advised, are left open; for which
purpose, all rival contentions are also left
undecided.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 36464 OF 2023
APPENDIX OF WP(C) 36464/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY
THE VILLAGE OFFICER AYYAMPUZHA VILLAGE
IN FAVOUR OF THE PETITIONER DATED
6.5.2023.
EXHIBIT P2 TRUE COPY OF THE LEASE DEED EXECUTED
BETWEEN THE 1ST PETITIONER AND 2ND
PETITIONER DATED 12.9.2023.
EXHIBIT P3 TRUE COPY OF THE SITE APPROVAL AND
BUILDING PERMIT ISSUED BY THE
AYYAMPUZHA GRAMA PANCHAYAT TO THE 1ST
PETITIONER DATED 31.3.2023.
EXHIBIT P4 TRUE OF THE CONSENT TO ESTABLISH THE
UNIT ISSUED BY THE POLLUTION CONTROL
BOARD, KADAVNATHRA DATED 3.12.2022.
EXHIBIT P5 TRUE COPY OF THE PERMISSION GRANTED BY
THE DISTRICT UNDERGROUND WATER
DEPARTMENT TO THE 1ST PETITIONER DATED
3.7.2023.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT PREPARED TO
BE SUBMITTED BEFORE THE STATION HOUSE
OFFICER, AYYAMPUZHA POLICE STATION
DATED 30.10.2023.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT PREPARED TO
BE SUBMITTED BEFORE THE DISTRICT
POLICE CHIEF, ALUVA DATED 30.10.2023.
EXHIBIT P8 TRUE COPY OF THE RECEIPT ISSUED BY THE
OFFICE OF THE DISTRICT POLICE CHIEF
ACKNOWLEDGING EXT. P7 COMPLAINT DATED
1.11.2023 .
WP(C) NO. 36464 OF 2023
RESPONDENT EXHIBITS
EXT R-5[A] MASS COMPLAINT GIVEN BY THE NATIVES
BEFORE THE UNDER GROUND WATER
DEPARTMENT DATED 6-10-2023
