In this writ petition, the High Court adjudicated a dispute regarding police protection for constructing a compound wall. The Court recorded submissions on road width constraints and inter-parties undertakings.
Undertakings from respondents recorded; direction to SHO to afford adequate police protection if construction proceeds as permitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 19843 OF 2022
PETITIONERS:
1 P.V.SHAJI, AGED 50 YEARS S/O. MAATHU BHAT, PADINJAREL VEETIL, SOUTH CHELLANAM, KOCHI-682008. 2 PUSHPA K.G., AGED 48 YEARS W/O. P.V. SHAJI, PADINJAREL VEETIL, SOUTH CHELLANAM, KOCHI-682008. BY ADV K.BINNI
RESPONDENTS:
1 STATION HOUSE OFFICER, KANNAMALI POLICE STATION, KANNAMALI, KOCHI-682008. 2 ASSISTANT COMMISSIONER OF POLICE, MATTANCHERRY. 3 RAGHU, PADINJAREL VEETIL, SOUTH CHELLANAM, KOCHI-82008. 4 PONNAN, THAIYIL HOUSE, CHELLANAM, KOCHI-682008. 5 VALSALA, THAIYIL HOUSE, CHELLANAM, KOCHI-682008. 6 MINI, W/O. RAGHU, PADINJAREL VEETIL, SOUTH CHELLANAM, KOCHI682008. 7 ADDL R7 :CHELLANAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, CHELLANAM, KOCHI - 682008 ADDL. R7 IS IMPLEADED AS PER ORDER DATED 18.07.2022 IN IA 1/2022 IN WP(C) NO. 19843/2022. BY ADVS. M.R.SARIN DINESH R.SHENOY M.S.THOMAS EBIN MATHEW(K/483/2015) A.JOSEPH GEORGE(K/547/2007) SILESH S. PRABHU(K/510/2020) JOMOL PIUS(K/002269/2022) SAMBHU NARAYANAN S.(K/2143/2022) BY SRI.T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 21st day of October, 2022
This writ petition is filed seeking the following
reliefs:
“(i) Issue a writ of mandamus or any other writ, order or direction, directing the 1st or 2nd respondent to provide necessary police protection to the petitioners for constructing a compound wall in their property.
(ii) Issue a writ of mandamus or any other writ, order or direction, directing the 1st or 2nd respondent to prevent respondents 3 to 6 from creating any obstruction in the construction of compound wall in the petitioners' property.
(iii) Issue a writ of mandamus or any other writ, order or direction, directing the 1st or 2nd respondent to give adequate police protection to the petitioners by preventing illegal and high handedness of respondent 3 to 6.”
petitioners, the learned Government Pleader, the
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learned counsel appearing for the Panchayat as well as learned counsel appearing for respondents 3 to 5.
the petitioners that the petitioners, who are husband and wife, are owners of 7 cents of property in Survey Nos.S-435/3-2 and S-435/3-3 of the Chellanam Village in Kochi Taluk in Ernakulam District. It is submitted that the petitioners had started construction of a compound wall in their property which was illegally obstructed by respondents 3 and 4 and a complaint submitted by the petitioners was not properly attended to by the police.
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permit had been issued to the petitioners on
08.08.2022. However, a complaint was raised that the width of the road on the southern side of the petitioners' property which has a width of 1.90 metres in the village records and that therefore, the construction can be made only after taking into account the said width. It is submitted that Exhibit R7(d) communication has been issued by the Panchayat to the petitioners, making it clear that since the width of the road is seen entered in the village records as 1.9 metres, the construction of
the compound wall can be done only after leaving the said width.
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also submit that the relevant records were verified and it was found that the road in the southern side of the petitioners' property has a width of 1.92 meters.
submits that the petitioners intend to construct the compound wall only after complying specifically with Annexure R7(d).
The said submission is recorded. The learned counsel for the respondent submits that if the construction of the compound wall is done as permitted by Exhibit P5, specifically in accordance with Exhibit R7(d), it is undertaken that respondents 3 to 6 that they will not obstruct such construction. The said submission is recorded. In case of any obstruction to the construction of the compound wall in accordance with Exhibit P5 in
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terms of Exhibit R7(b), the petitioners may inform the Station House Officer who shall afford adequate protection to the petitioners for carrying out the construction.
Sd/ANU SIVARAMAN JUDGE
SSK/21/10
W.P.(C)No.19843 OF 2022
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APPENDIX
PETITIONER'S EXHIBITS
| EXHIBIT P1 | A TRUE COPY OF THE SAID RECEIPT PET NO.7355/22 DATED 27/01/2022. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE SAID COMPLAINT DATED 31/05/2022. |
| EXHIBIT P3 | A TRUE COPY OF THE RECEIPT OF THE PETITION BEARING NO. 93857/2022 DATED 31/05/2022. |
| EXHIBIT P4 | TRUE COPIES OF THE PHOTOGRAPHS. |
| EXHIBIT P5 | A TRUE COPY OF THE BUILDING PERMIT DATED |
| RESPONDENT EXHIBITS | 08-08-2022 ISSUED BY SECRETARY CHELLANAM GRAMAPANCHAYATH. |
| EXHIBIT R7(A) | TRUE PHOTOCOPY OF THE NOTICE BEARING NO.SC.4-1524/22 DATED 25/8/2022. |
| EXHIBIT R7(B) | TRUE PHOTOCOPY OF THE LETTER DATED ISSUED TO THE VILLAGE OFFICER, CHELLANAM VILLAGE. |
| EXHIBIT R7(C) | TRUE PHOTOCOPY OF THE REPLY DATED 27/8/2022 ISSUED BY THE VILLAGE OFFICER, CHELLANAM TO THE SECRETARY OF CHELLANAM PANCHAYATH. |
| EXHIBIT R7(D) | TRUE PHOTOCOPY OF THE ORDER DATED 31/8/2022. |
SSK //TRUE COPY// PA TO JUDGE
3 issues framed by the court
Whether to issue writ of mandamus directing police to protect petitioners for constructing a compound wall.
Whether to direct police to prevent respondents from obstructing construction.
Whether to order police protection against alleged illegal high handedness by specific respondents.
P.V. Shaji
Pushpa K.G.
Station House Officer, Kannamali Police Station
Assistant Commissioner of Police, Mattancherry
Raghu
Ponn
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
