Kerala High Court
Athirampuzha Grama Panchayath vs The District Police Chief on 7 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:58895
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF AUGUST 2025 / 16TH SRAVANA, 1947
WP(C) NO. 27491 OF 2025
PETITIONER:
ATHIRAMPUZHA GRAMA PANCHAYATH
ATHIRAMPUZHA , KOTTAYAM DISTRICT -686 562
REPRESENTED BY ITS SECRETARY,
SMT. NISSY JOHN CY, D/O C.S.YOHANNAN,
AGED 49 YEARS SECRETARY,
ATHIRAMPUZHA GRAMA PANCHAYATH
ATHIRAMPUZHA, KOTTAYAM DISTRICT
BY ADV SRI.M.KRISHNAKUMAR
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
KOTTAYAM DISTRICT DISTRICT POLICE OFFICE,
KOTTAYAM, PIN - 686002
2 THE CIRCLE INSPECTOR OF POLICE
OFFICE OF THE CIRCLE INSPECTOR OF POLICE
ETTUMANOOR , KOTTAYAM, PIN - 686631
3 THE SUB- INSPECTOR OF POLICE
OFFICE OF THE SUB INSPECTOR OF POLICE
ETTUMANOOR , KOTTAYAM, PIN - 686631
4 GEORGE JOSEPH
AGED 66 YEARS
S/O C.D.JOSEPH, CHAKKALAKKAL ATHIRAMPUZHA,
SREEKANTAMANGALAM PO, KOTTAYAM, PIN - 686562
5 K.N.SAHADEVAN
AGED 63 YEARS
2025:KER:58895
W.P.(C) No.27491/2025
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S/O P.K.NARAYANAN, KARITHADATHIL,
SREEKANTAMANGALAM PO, KOTTAYAM,
PIN - 686562
BY ADVS.
SMT.UMMUL FIDA
SRI.C.IJLAL
SHRI.ANANDU R.
SHRI.MAJID MUHAMMED K.
SMT.P.PARVATHY
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.08.2025, THE COURT ON 07.08.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.27491/2025
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N. NAGARESH, J.
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W.P.(C) No.27491 of 2025
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Dated this the 7th day of August, 2025
JUDGMENT
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The Athirampuzha Grama Panchayat is the
petitioner. The Panchayat is seeking police protection
against respondents 4 and 5 and their men who are causing
obstruction to the construction of the Material Collection
Facility (MCF) within the territorial area of the Panchayat for
collection and disposal of waste.
2. The petitioner states that Suchitwa Mission
envisages establishment of Material Collection Facility within
every Panchayat. The Local Self Government Department
granted permission to the Panchayat to purchase 48.28
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Cents of land. The Panchayat purchased land in the year
2024 expending more than ₹70 lakhs. The Panchayat
executed agreement with a Contractor on 14.05.2025. When
the work started, the 4th respondent and his men obstructed
the work. The petitioner approached the 1st respondent-
District Police Chief seeking protection. Effective protection
is not granted. Hence, the petitioner is before this Court.
3. Respondents 4 and 5 resisted the writ
petition. Respondents 4 and 5 state that the Panchayat
decided to start MCF near their residential area without any
notice. Establishment of MCF is not an ordinary
administrative matter. It has social impact also. It directly
affects the daily lives, health and well being of the residents
living in the locality. Any decision regarding establishment of
MCF should be made in consultation with the local
community.
4. The local residents therefore formed
Sreekandamangalam Janakeeya Samara Samithi. The
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Samithi is peacefully opposing the proposed project. The
MCF is proposed to be established in a highly populated area
with around 1500 houses in 500 metre radius. The petitioner
has no sanction under the Kerala Panchayat Building Rules
to start the construction of the MCF. The writ petition is
hence liable to be dismissed.
5. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing
respondents 1 to 3 and the learned counsel appearing for
respondents 4 and 5.
6. The petitioner-Panchayat is establishing a
Material Collection Facility under Suchitwa Mission. The
Panchayat has purchased 48.28 Cents of land for this
purpose. Construction activities of the MCF is being
physically obstructed by respondents 4 and 5 and their men.
7. The Superintending Engineer, Local Self
Government Department has granted technical sanction for
the work as per Ext.P5. After floating tenders, an agreement
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has been executed with the Contractor. The project is under
'White' category. Therefore, the Pollution Control Board was
intimated about the decision of the Panchayat.
8. The Panchayat is constructing MCF under a
Government project. If respondents 4 and 5 or anyone else
has any complaint regarding the work, they have to move the
appropriate statutory authorities if the construction or
establishment of MCF is in violation of any statutory
provisions. Respondents 4 and 5 have no right to physically
obstruct the construction work. If respondents 4 and 5 cause
any obstruction to the work, respondents 1 to 3 are bound to
give protection to the petitioner for executing the work.
The writ petition is therefore allowed.
Respondents 1 to 3 are directed to give adequate police
protection for construction of MCF, from any obstruction
caused by respondents 4 and 5 and their men. This will be
without prejudice to the right of respondents 4 and 5 to move
statutory authorities against establishment of MCF if they so
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desire and without prejudice to their right to conduct peaceful
protest without any physical obstruction to the construction
activities.
Sd/-
N. NAGARESH, JUDGE
aks/06.08.2025
2025:KER:58895
APPENDIX OF WP(C) 27491/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE THE ORDER DATED 5-01-
2024 PASSED BY THE JOINT DIRECTOR,
LSGD, GOVERNMENT OF KERALA.
Exhibit P2 TRUE COPY OF OF THE RESOLUTION DATED
13-11-2024 OF THE PETITIONER PANCHAYAT
Exhibit P3 TRUE COPY OF THE RECEIPT DATED 1-02-
2025 ISSUED BY THE RAJEEV GANDHI
INSTITUTE OF TECHNOLOGY
Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED
3-03-2025 FROM THE RAJEEV GANDHI
INSTITUTE OF TECHNOLOGY
Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED
11-04-2025 FROM THE SUPERINTENDING
ENGINEER, LSGD
Exhibit P6 TRUE COPY OF THE RESOLUTION DATED 28-
04-2025 OF THE PETITIONER PANCHAYAT
ACCEPTING THE TENDER SUBMITTED BY SRI.
ANIL GEORGE SEBASTIAN
Exhibit P7 TRUE COPY OF THE CONTRACT FOR THE
CONSTRUCTION WORK DATED 14-05-2025
ENTERED INTO BETWEEN THE PETITIONER
THROUGH THE ASSISTANT ENGINEER AND THE
CONTRACTOR SRI. ANIL GEORGE SEBASTIAN
Exhibit P8 TRUE COPY OF THE LETTER DATED 11-06-
2025 SEEKING THE PETITIONER TO APPLY
AND PROVIDE FOR ELECTRICAL CONNECTION
FOR THE PROPOSED PROJECT
Exhibit P9 TRUE COPY OF THE INTIMATION OF
OPERATION OF WHITE CATEGORY
INDUSTRY/ESTABLISHMENTS SUBMITTED BY
THE PETITIONER TO THE KERALA STATE
POLLUTION CONTROL BOARD
Exhibit P10 TRUE COPY OF THE LETTER DATED 11-07-
2025 ISSUED BY THE PANCHAYAT TO THE
JOINT DIRECTOR LSGD GOVERNMENT OF
KERALA
Exhibit P11 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER TO THE 3 RD
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RESPONDENT AND THE RECEIPT
Exhibit P12 TRUE COPY OF THE RECEIPT DATED 12-07-
2025 ISSUED TO THE PETITIONER FROM THE
OFFICE OF THE 1 ST RESPONDENT
Exhibit P13 TRUE COPY OF THE INTERIM ORDER DATED
21-07-2025 PASSED BY THE HIGH COURT OF
RESPONDENT'S EXHIBITS
Exhibit R4(A) A true copy of the Material Collection
Facility Guidelines
Exhibit R4(B) A copy of the google image of the site
Exhibit R4(C) A true copy of the representation
dated 10/06/2025, submitted by the 1st
petitioner to the 2nd respondent
Exhibit R4(D) A true copy of the letter dated
23/06/2025 issued by the the joint
director, Kottayam District Panchayat
to the 4th respondent
Exhibit R4(E) A true copy of the letter dated
23/06/2025 issued by the petitioner to
the 4th respondent
Exhibit R4(F) A true copy of the letter dated
25/06/2025 sent by the 5th respondent
to the petitioner
