Kerala High Court
K.V.George vs State Of Kerala on 19 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:61478
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
WP(C) NO. 23778 OF 2025
PETITIONER:
K.V.GEORGE,
AGED 63 YEARS,
S/O. VARGHESE, KANNIKKATTU,
NIDHIN VIHAR, THRICHATTUKULAM P.O.,
PANAVALLY, CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688526
BY ADVS.
SHRI.V.N.HARIDAS
SHRI.SAIFUDEEN T.S
SMT.B.SHAMEERA
SMT.NIMISHAMOL SASIDHARAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
1ST FLOOR, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT POLICE CHIEF,
ALAPPUZHA,
DISTRICT POLICE OFFICE,
ALAPPUZHA DISTRICT., PIN - 688012
3 THE STATION HOUSE OFFICER,
POOCHAKKAL POLICE STATION,
POOCHAKKAL P.O., PANAVALLY,
CHERTHALA, ALAPPUZHA DISTRICT,
PIN - 688526
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W.P.(C) No.23778/2025
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4 SOCIAL DEMOCRATIC PARTY OF INDIA (SDPI)
AROOKKUTTY BRANCH, REPRESENTED BY ITS
SECRETARY, P.O.NADUVATHU NAGAR, AROOKKUTTY,
CHERTHALA ALAPPUZHA DISTRICT, PIN - 688535
5 THE SECRETARY,
SOCIAL DEMOCRATIC PARTY OF INDIA (SDPI)
AROOKKUTTY BRANCH, P.O.NADUVATHU NAGAR,
AROOKKUTTY, CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688535
6 MR.RASHEED,
KAMPALLY HOUSE, FAROOQ COLONY,
P.O.NADUVATH NAGAR, VADUTHALA, AROOKKUTTY,
CHERTHALA ALAPPUZHA DISTRICT, PIN - 688535
7 AJMAL,
FAROOQ COLONY, P.O.NADUVATH NAGAR,
VADUTHALA, AROOKKUTTY, CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688535
8 CHAINU,
FAROOQ COLONY, P.O.NADUVATH NAGAR, VADUTHALA,
AROOKKUTTY, CHERTHALA ALAPPUZHA DISTRICT,
PIN - 688535
BY ADVS.
SRI.P.K.ABOOBACKER(EDAPPALLY)
SRI.DHEERAJ A.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 17.07.2025, THE COURT ON 19.08.2025 DELIVERED
THE FOLLOWING:
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W.P.(C) No.23778/2025
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N. NAGARESH, J.
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W.P.(C) No.23778 of 2025
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Dated this the 19th day of August, 2025
JUDGMENT
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The petitioner states that he along with his
sons own 39 Ares 57 square metres of land under Exts.P1
and P2 title deeds. The property does not have a boundary
wall. Local people used to dump waste into the petitioner's
property. The Panchayat has issued notice requiring the
petitioner to take adequate measures to protect the property
from dumping the waste.
2. When the petitioner tried to construct a
compound wall, respondents 4 to 8 caused serious law and
order situation. Respondents 4 to 8 threatened the petitioner
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that they would kill the petitioner if he proceeded with the
construction of the compound wall. The petitioner filed
complaints before the 3rd respondent-Station House Officer
and the 2nd respondent-District Police Chief.
3. Respondents 4 to 8 informed the 3rd
respondent that if a compound wall is constructed, it would
affect the drainage. Respondents 4 to 8 demanded that the
petitioner shall construct the compound wall only after
constructing a drainage canal. The petitioner yielded and
constructed a drainage canal. However, when the petitioner
started construction of compound wall, respondents 4 to 8
again issued threats to life and property of the petitioner and
his family. Though the petitioner filed further complaints, the
complaints were of no avail. Hence, the petitioner is before
this Court.
4. The 6th respondent filed counter affidavit.
The 6th respondent stated that the petitioner had agreed to
construct a drainage outside his property and to construct a
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compound wall in such a way that the drainage canal will be
outside so that it can be cleaned by the public or Panchayat
staff. Now, the petitioner is trying to construct the compound
wall bringing the drainage inside the compound wall. The
petitioner is trying to construct compound wall crossing the
public road on the southern side of the petitioner's property.
5. The Arookutty Grama Panchayat has issued
Ext.P6 notice and the petitioner submitted Ext.P7 reply. It is
for the Panchayat to give permit to the petitioner for
construction of the compound wall. The petitioner has not
obtained any permit so far. It is for the Panchayat to decide
whether the construction of compound wall is legal or not.
The 6th respondent has not threatened the petitioner as stated
in the writ petition.
6. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
respondents 1 to 3. I have also heard the learned counsel for
the 6th respondent.
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7. The petitioner is aggrieved by the
obstruction caused by respondents 4 to 8 in construction of a
compound wall. There is no serious dispute that the
petitioner and his sons own 39 Ares 57 square metres of land
comprised in Re-survey No.384/30-1, 384/28, 384/29,
384/30-2. Exts.P1 and P2 are title deeds. Exts.P3 to P5 are
copies of land tax receipts. The petitioner has constructed a
drainage and he is constructing a compound wall to his
property. The demand of the 4th respondent is that the
petitioner shall construct the compound wall leaving the
drainage canal outside the wall.
8. As long as the petitioner is owner of his
property, the 4th respondent or anyone else for that matter
cannot obstruct the petitioner from constructing the
compound wall, irrespective of whether the canal is inside his
compound or outside. If the petitioner has committed violation
of any statutes, it will be open to the competent authorities to
take appropriate action including penal action in accordance
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with law. Respondents 4 to 8 cannot be permitted to take law
into their hands.
The writ petition is therefore disposed of directing the
3rd respondent to extend adequate protection for construction
of compound wall to the petitioner. It is made clear that such
protection need be given only as long as there are no other
prohibitory orders from any statutory authorities.
Sd/-
N. NAGARESH, JUDGE
aks/14.08.2025
2025:KER:61478
APPENDIX OF WP(C) 23778/2025
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF ONE OF THE TITLE DEEDS
DATED 20.08.2022
Exhibit P2 A TRUE COPY OF ANOTHER TITLE DEED IN
THE NAME OF THE PETITIONER AND HIS
SON, DATED 27.09.2010
Exhibit P3 A TRUE COPY OF THE TAX RECEIPT ISSUED
BY THE AROOKUTTY VILLAGE OFFICE DATED
04.04.2025
Exhibit P4 A TRUE COPY OF THE TAX RECEIPT WITH
RESPECT TO THE PROPERTIES COMPRISED IN
RE SY NO 384/29 ISSUED BY THE
AROOKUTTY VILLAGE OFFICE DATED
04.04.2025
Exhibit P5 A TRUE COPY OF THE TAX RECEIPT WITH
RESPECT TO THE PROPERTIES COMPRISED IN
RE SY NO 384/30-2 ISSUED BY THE
AROOKUTTY VILLAGE OFFICE DATED
04.04.2025
Exhibit P6 A TRUE COPY OF THE NOTICE ISSUED BY
THE SECRETARY, AROOKUTTY GRAMA
PANCHAYAT, TO THE PETITIONER DATED
03.10.2024
Exhibit P7 A TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONER TO EXT.P6 NOTICE, DATED
11.10.2024
Exhibit P8 A TRUE COPY OF THE COMPLAINT PREFERRED
BY THE PETITIONER TO THE 3RD
RESPONDENT, DATED 04.04.2025, ALONG
WITH THE ACKNOWLEDGMENT RECEIPT ISSUED
BY THE OFFICE OF THE 3RD RESPONDENT,
DATED 05.04.2025
Exhibit P9 A TRUE COPY OF THE COMPLAINT PREFERRED
BY THE PETITIONER TO THE 2ND
RESPONDENT, DATED 05.04.2025, ALONG
WITH THE ACKNOWLEDGMENT RECEIPT ISSUED
BY THE OFFICE OF THE 2ND RESPONDENT
Exhibit P10 PHOTOGRAPHS SHOWING THE DANGEROUS
SITUATION CREATED BY THE RESPONDENTS 4
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TO 8 (3 NOS.).
Exhibit P11 A TRUE COPY OF THE COMPLAINT PREFERRED
BY THE PETITIONER TO THE 3RD
RESPONDENT, DATED 17.06.2025, SEEKING
PROTECTION TO THE LIFE AND PROPERTY OF
THE PETITIONER AND TO MAINTAIN THE LAW
AND ORDER SITUATION
Exhibit P12 A TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT ISSUED FROM THE OFFICE OF THE
3RD RESPONDENT, DATED 18.06.2025
RESPONDENTS' EXHIBITS:
Exhibit R6 A The true copy of the mass petition
dated 29.11.2022 filed by the local
residents of the locality to the
Revenue Divisional Officer, Alappuzha.
Exhibit R6 B The true copy of the Acknowledgment
card signed on 30.11.2022 by the
office of the Revenue Divisional
Officer, Alappuzha.
