Kerala High Court
Ramathal vs The Station House Officer on 31 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 10081 OF 2024
PETITIONER:
RAMATHAL, AGED 60 YEARS, D/O MARI MUPPAN,
RESIDING AT MARIVEEDU, 1/312, ERAVATTAPPARA,
KOZHIPPARA, PALAKKAD, PIN - 678557
BY ADVS.
T.C.SURESH MENON
B.DEEPAK
NIKITHA K.V.
RESPONDENTS:
1 THE STATION HOUSE OFFICER, KOZHINJAMPARA POLICE
STATION, KOZHINJAMPARA P.O., PALAKKAD, PIN - 678555
2 VADAKARAPATHY GRAMA PANCHAYATH, PANCHAYATH OFFICE,
NATTUKAL, COIMBATORE ROAD, PALAKKAD, REPRESENTED BY
ITS SECRETARY., PIN - 678557
3 JOHN XAVIER, RESIDING AT ERAVATTAPPARA, KOZHIPPARA,
PALAKKAD, PIN - 678557
4 XAVIER, RESIDING AT ERAVATTAPPARA, KOZHIPPARA,
PALAKKAD, PIN - 678557
5 RAJ KOUNDER, RESIDING AT ERAVATTAPPARA, KOZHIPPARA,
PALAKKAD, PIN - 678557
6 AVILI, RESIDING AT ERAVATTAPPARA, KOZHIPPARA,
PALAKKAD, PIN - 678557
7 JAYAKUMAR, RESIDING AT ERAVATTAPPARA, KOZHIPPARA,
PALAKKAD, PIN - 678557.
8 THAMPI ANNAN, RESIDING AT ERAVATTAPPARA, KOZHIPPARA,
PALAKKAD, PIN - 678557
WPC 10081/24
2
BY ADVS
SARATH M S M S
SMT.REKHA C.NAIR, SR.GP.
SRI.NIRMAL S. - R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 10081/24
3
JUDGMENT
The petitioner says that she is the member of a Scheduled
Tribe and the owner of a certain parcel of land in Vadakarapathy
Village - which comes within the territorial jurisdiction of the 2 nd
respondent - Grama Panchayat. She says that she is not very
literate and that she was made to sign on a few blank
applications, purporting to record surrender of the afore land by
her in favour of the Panchayat; but that when she understood the
trap, she withdrew from it. She alleges that this has infuriated the
Panchayat, as well as respondents 3 to 8; and that, on 18.02.2024,
the said respondents trespassed into her property, attacking her
daughter and destroying her household articles, meting out further
threats to her that, if she withdraws her consent, she would be
even done away with.
2. The petitioner alleges that even her grandchildren were
terrorised and that the entire family is now living in fear; and
hence that, she approached the 1st respondent-Station House
Officer seeking protection, but which has not been acceded to
until now, thus constraining her to approach this Court through
this Writ Petition.
3. However, the learned Standing Counsel for the 2nd
respondent-Panchayat - Sri.Nirmal S., submitted that the
allegations made by the petitioner against his client are not merely
untrue, but mischievous because, they had no reason to cause any
physical attack, or threat to her or her family. He added that
there is no cause for them to do so because, they will invoke
necessary legal remedies if any, as regards the surrender of the
land in question.
4. Sri.M.S.Sarath - learned counsel appearing for
respondents 3 to 6, also submitted that his clients have never
attacked the petitioner, nor do they intend to do so; and therefore,
that all such allegations are made with a nefarious design.
5. Smt.Rekha C. Nair - learned Senior Government
Pleader, submitted that, there appears to be a dispute between the
petitioner and the Panchayat which is pending before this Court in
WP(C)No.42171/2023 qua the alleged surrender of land by her.
She added that, therefore, the Police have ensured that the lives
of the petitioner and her family are adequately protected from any
threat; and that, consequently, no untoward incident has yet been
reported thereafter.
6. When I evaluate and consider the afore submissions, it
is evident that the petitioner says that there are disputes between
her and the Panchayat with respect to the the alleged surrender of
land by her in the past. She says that she did not do so
voluntarily and that she has withdrawn certain documents, signed
by her under misrepresentation. However, the Panchayat takes the
stand that they intend to pursue legal action against the petitioner
as per law; and this is affirmed by the other party respondents
also.
7. Obviously, therefore, this Court is now enjoined and
obligated to dispose of this Writ Petition on the basis of the afore
assertions.
Resultantly, I allow this Writ Petition and direct the 1st
respondent - Station House Officer, to ensure that the lives of the
petitioner and her family are adequately and effectively protected
against any threat from any source/person, and this shall be
ensured on a continuous basis.
I, however, leave full liberty to the party respondents and
the Panchayat to invoke and pursue any remedy that may have
been initiated or to be initiated against the petitioner; qua the
land in question; for which purpose, all rival contentions are left
open.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 10081/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE COMMUNITY CERTIFICATE
NO.80228168 ISSUED BY THE CHITTUR TALUK
OFFICE, DATED 25.8.2023.
Exhibit-P2 TRUE COPY OF THE POSSESSION CERTIFICATE
NO.81610234 ISSUED BY THE 4TH
RESPONDENT, DATED 7.11.2023.
Exhibit-P3 TRUE COPY OF THE LETTER SENT BY THE
PETITIONER BEFORE THE 2ND RESPONDENT,
DATED 15.9.2023.
Exhibit-P4 TRUE COPY OF THE INTERIM ORDER IN W.P.
(C) NO.42171/2023 ON THE FILE OF THIS
HONORABLE COURT, DATED, 18.12.2023.
Exhibit-P5 TRUE COPY OF THE ORDER IN W.P.(C)
NO.42171/2023 PASSED BY THIS HONORABLE
COURT, DATED 9.1.2024.
Exhibit-P6 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT, DATED 1.3.2024.
Exhibit-P7 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED
BY THE 1ST RESPONDENT, DATED 1.3.2024.
