Kerala High Court
Vimal Mavar vs State Of Kerala Represented By ... on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 17909 OF 2024
PETITIONERS:
1 VIMAL MAVAR
AGED 40 YEARS
S/O. MAVAR N. R., NETTAYKODATH HOUSE, MANNAMTHURUTH,
VARAPUZHA P.O., ERNAKULAM, PIN - 683517
2 PREETHY MAVAR
AGED 36 YEARS
D/O. MAVAR N. R., NETTAYKODATH HOUSE, MANNAMTHURUTH,
VARAPUZHA P.O., ERNAKULAM, PIN - 683517
BY ADV GOUTHAM KRISHNA U.B.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 SECRETARY, VARAPUZHA GRAMA PANCHAYAT
WARD NO. 13, CHETTIBHAGAM MAIN RD, VARAPUZHA, KERALA, PIN
- 683517
3 DISTRICT POLICE CHIEF, ERNAKULAM RURAL
SOUTH KALAMASSERY, KALAMASSERY, ERNAKULAM, KOCHI, KERALA,
PIN - 682039
4 STATION HOUSE OFFICER, VARAPUZHA POLICE STATION
CHETTIBHAGAM MAIN RD, BESIDE VILLAGE OFFICE, VARAPUZHA,
KERALA, PIN - 683517
5 BINESH BABU
(AGE NOT KNOWN TO THE PETITIONER), S/O. BABU KRISHNAN,
KOCHUPARAMBIL HOUSE, MANNAMTHURUTH, VARAPUZHA, ERNAKULAM,
PIN - 683517
6 BINITHA SHIBU MAVELIL
(AGE NOT KNOWN TO THE PETITIONER), D/O. BABU KRISHNAN,
KOCHUPARAMBIL, KOCHUPARAMBIL HOUSE, 8/198, MANNAMTHURUTH,
VARAPUZHA P.O., ERNAKULAM, 683517. PRESENTLY RESIDING AT
MAVELI HOUSE, MANJUMMEL, UDYOGAMANDAL P.O., ELOOR,
ERNAKULAM, PIN - 683501
BY ADVS.
DENIZEN KOMATH
DEAN DENIZEN KOMATH(K/002080/2024)
WP(C) NO. 17909 OF 2024
2
MEGHA MADHAVAN(K/1671/2024)
GANGA S.(K/001039/2024)
RAMZY BIN O.A.(K/00748/2024)
SMT.REKHA C.NAIR, SENIOR G.P., SRI.NIRMAL S., SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17909 OF 2024
3
JUDGMENT
The petitioners say that respondents 5 and 6
are meting out threats and intimidation to them
solely because, they filed a complaint against
them with respect to a building that has been
constructed by them illegally.
2. The petitioners explain that they had
earlier approached this Court, to obtain Ext.P1
judgment, whereby, the 2nd respondent - Secretary
of the Grama Panchayat, was directed to consider
their objections against the application for
regularisation preferred by the 6th respondent
and that since they had been called for a hearing
on 16.05.2024, attempts were made by the party
respondents to obstruct from being able to do so,
meting out several methods of intimidation. They
WP(C) NO. 17909 OF 2024
say that they have been "tormented" by
respondents 5 and 6 and their henchmen and that
they fear for their lives because, the said
respondents are politically and monetarily
influential and affluent and would be willing to
go to any extent to even cause physical harm. The
petitioners say that, therefore, they preferred
Ext.P5 complaint before respondents 3 and 4
seeking protection, but that no action has been
taken thereon until now; thus constraining them
to approach this Court through this Writ
Petition.
3. Sri.S.Nirmal - learned Standing Counsel
for the 2nd respondent - Corporation, submitted
that though his client does not have any
knowledge of the allegations made by the
petitioners, the fact remains that they had
WP(C) NO. 17909 OF 2024
appeared for hearing on 16.05.2024 and that their
objections have been recorded.
4. Sri.Denizen Komoth - the learned counsel
for respondents 5 and 6, in response, vehemently
asserted that the allegations made against his
clients are without any basis and that they have
not committed any act, as has been imputed
against them. He added that his clients have no
intent to cause any harm or intimidation to the
petitioners, nor have they been obstructed from
invoking their legal remedies, which is manifest
from the fact that they were able to appear for
the hearing on 16.05.2024. He, however, prayed
that the liberty to his client to invoke
appropriate remedies in law be left open.
5. Smt.Rekha C.Nair - learned Senior
Government Pleader, submitted that the lives of
WP(C) NO. 17909 OF 2024
the petitioners are being protected by the police
and that as of now, there does not appear to be
any threat to them at the hands of the party
respondents or anyone else. She added that the
4th respondent - Station House Officer will keep
necessary vigil in the area and ensure that the
law and order is always maintained.
6. As is evident from the afore narrative of
the facts, the petitioners on one hand allege
that they have been threatened by respondents 5
and 6 because they had filed a complaint against
them with respect to the regularisation of
building owned by the latter among them; while,
the said respondents take the stand that they
have committed no such and that they have no
requirement to do so.
7. In such circumstances, it is luculent
WP(C) NO. 17909 OF 2024
that the afore stand of the police officers is
the most apposite; and I, therefore, deem it
appropriate to record the submissions of
Smt.Rekha C.Nair.
In the afore circumstances, I allow this Writ
Petition, recording the afore submissions of the
learned Senior Government Pleader; with a
consequential direction to the 4th respondent to
ensure the lives of the petitioners, as well as
respondents 5 and 6, are protected sufficiently
from each other and that none of them are allowed
to take law into their own hands, or to commit
any action which is in violation of peace. The
3rd respondent - District Police Chief is hereby
ordered to ensure that these directions are
complied with in its letter and spirit.
As far as the parties are concerned, the
WP(C) NO. 17909 OF 2024
respective rights against each other, as
available to them in law, are left open; for
which purpose, their rival contentions in such
regard are left undecided.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 17909 OF 2024
APPENDIX OF WP(C) 17909/2024
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE JUDGEMENT DATED 04/04/2024
OF THIS HON'BLE COURT IN W.P. (C) 11047/2023
Exhibit P2 A TRUE COPY OF SCREENSHOT OF EMAIL
REPRESENTATION DATED 18.09.2023 TO THE
OMBUDSMAN, LSGI KERALA
Exhibit P3 A TRUE COPY OF SCREENSHOT OF EMAIL
REPRESENTATION DATED 18.09.2023 TO THE THE
SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-
CORRUPTION, ERNAKULAM
Exhibit P4 A TRUE COPY OF NOTICE DATED 08/05/2024 ISSUED
BY THE 2ND RESPONDENT TO THE 1ST PETITIONER
INTIMATING THE 1ST PETITIONER TO ATTEND THE
HEARING
Exhibit P5 TRUE COPY OF THE SCREENSHOT OF COMPLAINT
SUBMITTED BY THE 1ST PETITIONER TO THE 3RD AND
4TH RESPONDENT VIDE. EMAIL DATED 11/05/24
Exhibit P6 TRUE COPY OF THE SCREENSHOT OF COMPLAINT
SUBMITTED BY THE 2ND PETITIONER TO THE 3RD AND
4TH RESPONDENT VIDE. EMAIL DATED 11/05/24
