Kerala High Court
Baby vs District Police Chief (Rural) on 22 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
WP(C) NO. 5465 OF 2024
PETITIONERS:
1 BABY
AGED 66 YEARS
S/O ABRAHAM, KALLUMPURATHU VEEDU, PANVELI MURI,
VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK,
KOLLAM DISTRICT, PIN - 691538
2 KUNJUMOL
AGED 61 YEARS
W/O BABY, KALLUMPURATHU VEEDU, PANVELI MURI,
VETTIKKAVALA VILLAGE, KOTTERAKKARA TALUK,
KOLLAM DISTRICT, PIN - 691538
BY ADVS.
C.RAJENDRAN
B.K.GOPALAKRISHNAN
R.S.SREEVIDYA
MANU M.
RESPONDENTS:
1 DISTRICT POLICE CHIEF (RURAL)
KOLLAM CITY, LINK ROAD, ASRAMOM, KOLLAM DISTRICT,
PIN - 691001
2 STATION HOUSE OFFICER
KOTTARAKKARA POLICE STTAION, KOTTARAKKARA PO, KOLLAM,
PIN - 691506
3 UNNI R.S
AGED 30 YEARS
S/O RAJAN R RESIDING AT UNNI NIVAS, THETTIYODU,
KARIKOM P.O, VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK,
KOLLAM, PIN - 691531
4 MANOJ RAVEENDRAN
AGED 45 YEARS
S/O RAVEENDRAN, RAVEENDRA VILASOM, KANNAMKODU,
VETTIKKAVALA P.O, VETTIKKAVALA VILLAGE,
KOTTARAKKARA TALUK, KOLLAM, PIN - 691532
5 VETTIKKAVALA GRAMA PANCHAYATH
VETTIKKAVLA PO, VETTIKKAVALA, KOTTARAKKARA REPRESENTED
BY ITS SECRETARY, PIN - 691538
6 GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY, ASRAMOM,
KOLLAM DISTRICT, PIN - 691002
WP(C) NO. 5465 OF 2024 2
BY ADVS.
Alexander George
Sasith M R
SMT.REKHA C. NAIR - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5465 OF 2024 3
JUDGMENT
When this matter was called today, the learned counsel on both
sides were ad idem that this matter can be disposed of confirming the
interim order granted by this Court dated 20.03.2024.
2. The interim order afore referred is to the following effect:
"The learned Government Pleader submitted that complaints were received
that the petitioner was violating the orders passed by the learned Munsiff
and it was only in the said circumstances that he was summoned.
2. Having considered the submissions advanced by the learned counsel
appearing for the petitioner, Sri. Rajendran, Sri. Alexander Joseph George,
the learned counsel appearing for the respondent and the learned
Government, I find that the party respondents have already approached the
Munsiff Court and have instituted O.S.No.599 of 2023 and an order has been
passed interdicting the petitioner and their men from excavating soil from
the plaint schedule property causing deprivation of lateral support for the
western Panchayat road until further orders. The petitioner is bound to
abide by the order passed by the Munsiff. If the petitioner has a valid
permit and if he abides by the order passed by the learned Munsiff, the
police shall not unnecessarily harass him."
In the afore circumstances, with the consent of both sides, this
writ petition is disposed of confirming the afore interim order and
directing the parties to act as per its terms.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/22.5
APPENDIX OF WP(C) 5465/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTO COPY OF THE PERMIT FOR THE
BUILDING WITH PLAN DATED 18/01/2023.
Exhibit P2 A TRUE PHOTOCOPY OF THE ORDER OF THE MINING
AND GEOLOGY DEPARTMENT KOLLAM DATED 30
/11/2023
Exhibit P3 A TRUE PHOTOCOPY OF THE ORDER DATED
27/07/2023 ISSUED FROM THE OFFICE OF THE
EXECUTIVE ENGINEER, KERALA STATE TRANSPORT
PROJECT
Exhibit P4 A TRUE PHOTO COPY OF THE PLAINT IN OS NO.
599/2023 OF THE MUNSIFF COURT,
KOTTARAKKARA.
Exhibit P5 A TRUE PHOTOCOPY OF THE LETTER OF THE
KERALA STATE ELECTRICITY BOARD DATED
24/07/2023.
Exhibit P6 A TRUE PHOTOCOPY OF THE ORDER OF THE
MUNSIFF COURT KOTTARAKKARA IN OS NO.
599/2023 DATED 18/12/2023
RESPONDENT EXHIBITS
Ext.R4(a) True copy of the complaint filed by the 4th
respondent and others before the District
Collector, Kollam dated nil
