Allowed

Balakrishnan Thengil, v. the State of Kerala

Kerala HC5 Feb 2020WP(C)/805/2020

Case brief

AI extract

What is this about?

The Court held that the police must provide necessary protection to the petitioner to erect a compound wall based on a valid building permit issued by the Naduvil Grama Panchayat, preventing obstruction by respondents who had failed to appear in a prior suit.

What did the court decide?

The police are directed to accord necessary protection to the petitioner to erect the compound wall as per the granted permit, restraining obstruction by the respondents.

Balakrishnan Thengil, Vs the State of… — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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WEDNESDAY, THE 05TH DAY OF FEBRUARY 2020 / 16TH MAGHA, 1941

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WP(C).No.805 OF 2020(A)

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PETITIONER:

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BALAKRISHNAN THENGIL, AGED 59 YEARS, S/O.KANNAN NAMBIAR, THENGIL HOUSE, NEAR NADUVIL BHAGAVTHI TEMPLE, NEW NADUVIL VILLAGE,

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NADUVIL P.O., TALIPARAMBA TALUK, KANNUR DISTRICT, PIN- 670 582.

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BY ADVS. SRI.R.SURENDRAN KUM.S.MAYUKHA

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,

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THIRUVANANTHAPURAM- 695 001.

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2 THE SUB INSPECTOR OF POLICE, KUDIYANMALA POLICE STATION, KANNUR DISTRICT- 670 692.

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3 THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, ALAKODE, TALIPARAMBA TALUK, KANNUR DISTRICT- 670 692.

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4 THE DEPUTY SUPERINTENDENT OF POLICE,

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OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, TALIPARAMBA, KANNUR DISTRICT- 670 101.

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5 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, KANNUR DISTRICT, KANNUR- 670 001.

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6 PUTHIYAKATH AYISHA, AGED ABOUT 40 YEARS, W/O.KASIM, PUTHIYAKATH HOUSE, NODUVIL TOWN, NADUVIL P.O., TALIPARAMBA TALUK, KANNUR DISTRICT, PIN- 670582.

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WP(C).No.805 OF 2020

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-2-

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7 PUTHYAKATH SHIHAB, AGED 24 YEARS, S/O.MUTHALEEB, PUTHIYAKATH HOUSE, NODUVIL TOWN, NADUVIL P.O., TALIPARAMBA TALUK, KANNUR DISTRICT, PIN- 670582.

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8 PUTHIYAKATH SHAKIR, AGED 21 YEARS, S/O.SABU, PUTHIYAKATH HOUSE, NODUVIL TOWN, NADUVIL P.O., TALIPARAMBA TALUK, KANNUR DISTRICT, PIN- 670 582.

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BY ADV. SRI.PP THAJUDEEN, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.805 OF 2020

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-3-

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JUDGMENT

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Dated this the 5th day of February 2020

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The petitioner on the strength of Ext.P5 building permit issued by the Secretary, Naduvil Grama Panchayat wants to erect a compound wall. According to the petitioner, the party respondents are obstructing construction of the compound wall. This is not a dispute between neighbours about boundary. It appears that a suit filed against the petitioner was dismissed for default. Though notice issued to the respondents, none appeared.

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In the light of the facts and circumstances, this Court is of the view that the police shall accord necessary protection to the petitioner to erect compound wall as per the building permit granted to the petitioner by the Panchayat from any obstruction being caused to him by the party respondents or their associates.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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akv/6.2.2020

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WP(C).No.805 OF 2020

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-4-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.3934/1992 DATED 19.12.1992 OF SRO ALAKODE.

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EXHIBIT P2 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 18.10.2019 ISSUED BY THE VILLAGE OFFICER TO THE PETITIONER, IN RESPECT OF PROPERTY SITUATED IN R.S.NO.181/1 (NOW R.S.NO.181/305)

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EXHIBIT P3 TRUE COPY OF THE SITE PLAN/LOCATION MAP DATED 26.04.2019, ISSUED BY THE VILLAGE OFFICER, NEW NADUVIL VILLAGE. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 09.10.2014 IN O.S.NO.138 OF 2011 OF MUNSIFF'S COURT, TALIPARAMBA. EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY, NADUVIL GRAMA PANCHAYAT DATED 09.06.2016 WITH THE PLAN AND RENEWED TILL 08.06.2020. EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 11.05.2017 ISSUED BY SECOND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE PETITION DATED 20.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT ON 23.10.2019.

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EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 23.10.2019 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

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RESPONDENT'S/S EXHIBITS : NIL.

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//TRUE COPY//

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P.A. TO JUDGE

Balakrishnan Thengil, v. the State of Kerala

Case brief

What is this about?

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Balakrishnan Thengil, v. the State of Kerala

Case brief

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