Kerala High Court
K. Vijayan vs The Commissioner Of Police on 25 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:54795
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 25TH DAY OF JULY 2025 / 3RD SRAVANA, 1947
WP(C) NO. 18116 OF 2025
PETITIONERS:
1 K. VIJAYAN
AGED 74 YEARS
S/O DAMODARAN, RESIDING AT ASHTAPATHI,
THIRUVANNUR, KOZHIKODE, PIN - 673029
2 VASANTH KAMATH
AGED 65 YEARS
S/O VANKITESH KAMATH, RESIDING AT 5/3523B,
TRA 3, SREELAKSHMI NIVAS, THIRUTHIYAD,
P.O. PUTHIYARA, KOZHIKODE, PIN - 673004
3 D. SUDHAKAR BALIGA
AGED 77 YEARS
S/O DAMODAR BALIGA, RESIDING AT 1/1253 A2,
JEEVANA, NEAR KANAKALAYA BANK,
P.O. WEST HILL, KOZHIKODE, PIN - 673005
4 M. SATHYAPRAKASH
AGED 60 YEARS
S/O M. KUNHIKANNAN, RESIDING AT OASIS APARTMENTS,
KOLATHARA, KOZHIKODE, PIN - 673655
5 G. RAJARAM
AGED 77 YEARS
S/O GANAPATHY, RESIDING AT EF7/110, KSHD FLATS,
CHEVARAMBALAM, KOZHIKODE, PIN - 673017
6 K. RAMAKRISHNAN
AGED 55 YEARS
S/O KELUKUTTY, RESIDING AT PUNATHIL PARAMBA,
2025:KER:54795
W.P.(C) No.18116/2025
:2:
PALATTU NAGAR, THIRUVANNUR,
KOZHIKODE, PIN - 673029
7 E.K. SURENDRAN
AGED 67 YEARS
S/O E.K. KARUNAN, RESIDING AT AMMADATH PARAMBA,
CHALAPPURAM, KOZHIKODE, PIN - 673002
8 RAGHUNATH
AGED 52 YEARS
S/O BALASUBRAMANIAN, RESIDING AT SWEET HOME,
P.O. TALI, KOZHIKODE, PIN - 673002
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS:
1 THE COMMISSIONER OF POLICE
KOZHIKODE CITY,
OFFICE OF THE COMMISSIONER OF POLICE,
KOZHIKODE CITY, KOZHIKODE, PIN - 673001
2 THE ASSISTANT COMMISSIONER OF POLICE
KOZHIKODE CITY,
OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE,
KOZHIKODE CITY, KOZHIKODE,
PIN - 673001
3 THE STATION HOUSE OFFICER
TOWN POLICE STATION, KOZHIKODE,
PIN - 673001
4 KAILASHNADH MISRA
AGED 71 YEARS
S/O BALARAM MISRA MAHARAJ,
RESIDING AT 36/535, BAIRAGI MADHOM,
MELE PALAYAM ROAD, KOZHIKODE,
PIN - 673001
2025:KER:54795
W.P.(C) No.18116/2025
:3:
5 KOZHIKODE CORPORATION
REPRESENTED BY ITS SECRETARY,
BEACH ROAD, KOZHIKODE,
PIN - 673032
6 THE SECRETARY
KOZHIKODE CORPORATION,
BEACH ROAD, KOZHIKODE,
PIN - 673032
BY ADVS.
SRI.N.M.MADHU
SMT.BINDUMOL JOSEPH
SMT.C.S.RAJANI
SMT. ANIMA M, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 20.06.2025, THE COURT ON 25.07.2025 DELIVERED
THE FOLLOWING:
2025:KER:54795
W.P.(C) No.18116/2025
:4:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.18116 of 2025
`````````````````````````````````````````````````````````````
Dated this the 25th day of July, 2025
JUDGMENT
~~~~~~~~~
The petitioners, who are tenants of the
Bairagi Madhom, a religious institution managed by the 4th
respondent, are before this Court seeking to direct
respondents 1 to 3 to give adequate police protection to the
petitioners for putting up a temporary roof over the building
occupied by them, on the basis of the permission granted by
the Kozhikode Corporation.
2. The petitioners state that the religious
institution, which is under the control of the Malabar
Devaswom Board, has been making efforts to evict the
2025:KER:54795
petitioners from their respective tenanted shop rooms. The
4th respondent filed a suit to evict the petitioners
unsuccessfully.
3. The 4th respondent has not been
maintaining the building properly. The shop rooms of the
petitioners divided by intervening walls are a single tiled roof.
The 4th respondent obtained an order from Kozhikode
Corporation to demolish the building alleging that it is in a
dangerous condition. The Kozhikode Corporation refused to
renew trade licences issued to the petitioners. The orders of
the Kozhikode Corporation are stayed by this Court as per
interim orders in W.P.(C) Nos.17308 and 17954 of 2022.
4. In the month of May, 2022, the 4th
respondent clandestinely removed the tiles of the common
roof. The 4th respondent prevented the petitioners from
putting up a temporary tarpaulin roof. In W.P.(C)
No.19446/2022, this Court passed an interim order
permitting the petitioners to put up a temporary roof by using
2025:KER:54795
tarpaulin. Now, the parties are relegated to Kozhikode
Corporation for a decision in the matter.
5. The petitioners state that the Secretary of
the Kozhikode Corporation passed Ext.P7 order dated
24.04.2025 permitting the petitioners to temporarily repair
the roof of the building putting sheets instead of tarpaulin
sheets. The petitioners approached respondents 1 to 3 for
police protection to comply with Ext.P7 order. The police has
not turned up to assist the petitioners. The petitioners state
that during this monsoon season, unless a temporary roof is
put in place, the petitioners will be put to hardship and the
building is likely to get damaged further.
6. The 4th respondent entered appearance and
resisted the writ petition. The 4th respondent submitted that
the building in question is old and has structural damage. It
requires demolition. The building is likely to fall down at any
point of time. The Corporation had issued demolition order.
Ext.P7 was passed without hearing the 4th respondent.
2025:KER:54795
Allowing the petitioners to put up sheets as requested would
lead to endangering the building and life of persons
occupying the same. The writ petition is therefore to be
dismissed.
7. I have heard the learned counsel for the
petitioners, the learned Government Pleader representing
respondents 1 to 3, the learned counsel appearing for the 4th
respondent and the learned Standing Counsel representing
respondents 5 and 6.
8. The petitioners are tenants of Bairagi
Madhom of which the 4th respondent is the Managing
Trustee. The tenanted shop rooms occupied by the
petitioners are old.
9. The 4th respondent would submit that the
Corporation had issued orders to demolish the building as it
is in a dilapidated condition. It is seen from the pleadings
that this Court relegated the parties to the Kozhikode
Corporation for a decision in the matter. Ext.P7 order
2025:KER:54795
passed on 24.04.2025 would indicate that the Corporation
has permitted the petitioners to cover the roof using sheets
temporarily. The 4th respondent submits that Ext.P7 was
passed without hearing him.
10. It is not in dispute that the building is old
and there is no permanent roof to the building consisting of
the shop rooms, at present. The petitioners had approached
this Court earlier filing W.P.(C) No.20121/2023 and this
Court had passed an interim order directing the police to give
adequate protection to the petitioners to restore the
temporary tarpaulin roof put up by the petitioners.
In the facts of the case, I am of the view
that temporary interim measures have to be taken for
maintaining the building till the issues between the parties
are resolved. The writ petition is therefore disposed of
permitting the petitioners to put up temporary tarpaulin /
plastic roof over the building in question. Respondents 2
and 3 shall give adequate protection to the petitioners for
2025:KER:54795
putting up the temporary roof. It is made clear that this
judgment is delivered only by way of interim measure to
protect the petitioners and general public from a potential
danger. This judgment shall not affect the civil rights of the
petitioners and the 4th respondent in any manner.
Sd/-
N. NAGARESH, JUDGE
aks/23.07.2025
2025:KER:54795
APPENDIX OF WP(C) 18116/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE NEWS ITEM WHICH WAS
PUBLISHED IN THE MALAYALA MANORAMA
DAILY DATED 30.05.2022
Exhibit P2 A TRUE COPY OF THE COMMON JUDGMENT OF
THIS HONOURABLE COURT IN W.P.(C)
17308/2022, W.P.(C) 17954/2022 AND
W.P.(C) 19446/2022 DATED 13.02.2023
Exhibit P3 A TRUE COPY OF THE INTERIM ORDER
PASSED BY THIS HONOURABLE COURT IN
W.P. (C) 20121/2023 DATED 21.06.2023
Exhibit P4 A TRUE COPY OF THE EXPERT REPORT DATED
17.10.2023 SUBMITTED BY THE EXPERT
COMMITTEE FORMED BY THE KOZHIKODE
CORPORATION
Exhibit P5 A TRUE COPY OF THE JUDGMENT OF THIS
HONORABLE COURT IN W.P.(C) 20121/2023
DATED 06.06.2024
Exhibit P6 A TRUE COPY OF THE NOTICE DATED
29.10.2024 ISSUED BY THE KOZHIKODE
CORPORATION TO THE 2ND PETITIONER
Exhibit P7 A TRUE COPY OF THE ORDER NO. 809376-
2025 OF THE SECRETARY, KOZHIKODE
CORPORATION DATED 24.04.2025
Exhibit P8 A TRUE COPY OF THE REQUEST MADE BY THE
PETITIONERS TO RESPONDENTS 1 TO 3 AND
THE JURISDICTIONAL CIRCLE INSPECTOR
DATED 05.05.2025
