Kerala High Court
Aswathy G vs State Of Kerala on 3 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:73291
WP(C) NO. 34516 OF 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 34516 OF 2024
PETITIONER/S:
1 ASWATHY G.
AGED 38 YEARS
W/O THARUN T.G., KUTTIKKATTU HOUSE, PERAYAM,
UMAYANALLUR ESTATE POST, KOLLAM, PIN - 691020.
2 THARUN T.G.
AGED 42 YEARS
S/O THANKAPPAN PILLAI, KUTTIKKATTU HOUSE, PERAYAM,
UMAYANALLUR ESTATE POST, KOLLAM, PIN - 691020.
BY ADVS.
THAREEQ ANVER K.
K.SALMA JENNATH
K.C.KHAMARUNNISA
K.SHAMSUDHEEN
ARUN CHAND
RASSAL JANARDHANAN A.
RESPONDENT/S:
1 STATE OF KERALA
REP. BY ITS SECRETARY, DEPARTMENT OF HOME, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 DISTRICT POLICE CHIEF, KOLLAM CITY
MUNDAKKAL, KOLLAM, PIN - 691001.
3 STATION HOUSE OFFICER, KOTTIYAM POLICE STATION
KOTTIYAM, THAZHUTHALA, KOLLAM, PIN - 691571.
4 THRIKKOVILVATTOM GRAMA PANCHAYAT
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WP(C) NO. 34516 OF 2024 2
REP. BY ITS SECRETARY
MUKHATHALA, KOLLAM, PIN - 691576.
5 R. SURENDRANATH
AGED 62 YEARS
S/O RAGHAVAN PILLAI, VALIYIDAVANA HOUSE, PERAYAM,
UMAYANALLOOR POST, KOLLAM, PIN - 691589.
6 MADHUSOODHANAN PILLAI
AGED 59 YEARS
S/O PARAMESWARAN PILLAI, PAYATTUMKOTTU MANDIRAM,
PERAYAM, THAZHUTHALA POST, KOLLAM, PIN - 691589.
7 RAJAN PILLAI
AGED 66 YEARS
S/O RAGHAVAN PILLAI, NEDIYAZHIKATHU HOUSE, PERAYAM,
UMAYANALLOOR POST, KOLLAM, PIN - 691589.
SRI, SUNILKUMAR KURIAKOSE, SR. GP.
SRI. V. RENJITH KUMAR, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 34516 OF 2024 3
JUDGMENT
The petitioners claim to be the absolute owners in
possession of a residential property having an extent of 4.82
ares in Thazhuthala Village, Kollam District. The petitioners
have been issued with permit for constructing a compound
wall to their property. It is alleged that, construction of the
compound wall is being obstructed by respondents 5 to 7 and
the petitioner, his family members and employees are being
threatened with physical harm, if the construction is proceeded
with.
2. I heard the learned Government Pleader and the
learned Standing Counsel for the Panchayat.
3. From the pleadings and records it is apparent that
the petitioners are residing in Kannur and compound wall is to
be constructed for their property situated in Kollam. In such
circumstances, the dispute, if any, with respect to the
construction of the compound wall ought to be resolved by
2024:KER:73291
approaching the jurisdictional civil court. Be that as it may,
respondents 5 to 7 have no right to take law into their hands
or cause physical harm to the petitioners or their men.
The writ petition is hence closed, reserving the
petitioners' right to approach the police in the event of any
real threat of physical harm from respondents 5 to 7 and
directing the police to intervene and do the needful on receipt
of such information.
Sd/-
V.G.ARUN
JUDGE
Sru
2024:KER:73291
APPENDIX OF WP(C) 34516/2024
PETITIONERS EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BASIC TAX RECEIPT DATED
10/06/2024 ISSUED BY THAZHUTHALA VILLAGE,
KOLLAM DISTRICT BEARING NO.KL02031106739/2024
ISSUED TO THE PETITIONERS.
Exhibit P2 THE TRUE COPY OF THE PROPERTY TAX DATED
05/10/2023 ISSUED BY THE 4TH RESPONDENT AND
BEARING NO.6035711012234 TO THE PETITIONERS.
Exhibit P3 THE TRUE OF THE SITE APPROVAL AND BUILDING
PERMIT DATED 18/07/2024 ISSUED BY THE 4TH
RESPONDENT BEARING NO.A4-BA(240135)/2024
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED
28/08/2024 BEFORE THE 2ND RESPONDENT ALONG
WITH THE RECEIPT ISSUED AGAINST ITS
SUBMISSION BY THE PETITIONER.
Exhibit P5 THE TRUE COPY OF THE ORDER DATED 15/07/2021
IN WP(C) 9215/2021 BEFORE THIS HON'BLE COURT.
RESPONDENTS EXHIBITS : NIL
