The High Court of Kerala disposed of a writ petition filed by a petitioner seeking police protection against neighbours who allegedly obstructed construction of concrete slabs pursuant to a Grama Panchayat order. The court held that both parties had grievances but found no evidence of violation of the order or lack of demarcation.
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 MR. JUSTICE AMIT RAWAL
FRIDAY, THE 11TH DAY OF AUGUST 2023 / 20TH SRAVANA, 1945
WP(C) NO. 15572 OF 2020
PETITIONER:
LILLY KURIAPPAN
AGED 71 YEARS
W/O.KURIAPPAN, PARAMBAN HOUSE, CHERUVALOOR P.O.,
KORATTY, THRISSUR-680 308.
BY ADVS.
B.ASHOK SHENOY
SMT.C.G.PREETHA
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
RESPONDENTS:
1 THE STATION HOUSE OFFICER KORATTY POLICE STATION, NH47, THRISSUR-680 308.2 OUSEPH ALIAS JOYS/O.KUNJUVAREETH, PAYYAPPILLY HOUSE, CHERUVALOOR P.O.,
KORATTY THRISSUR - 680 308.
3 PAUL JAMES,S/O.PAUL, MECHILEDATH HOUSE, CHERUVALOOR P.O., KORATTY
THRISSUR - 680 308.
4 PAUL JOHNYS/O.PAUL, MECHILEDATH HOUSE, CHERUVALOOR P.O., KORATTY
THRISSUR - 680 308.
*ADDL.5 THE VILLAGE OFFICER KADUKUTTY VILLAGE, THRISSUR-680 309*ADDL.6 THE SECRETARY KADUKUTTY GRAMA PANCHAYAT, THRISSUR-680 309*ADDL.7THE AGRICULTURE OFFICER,
KADUKUTTY GRAMA PANCHAYAT, THRISSUR-680 309
(*ADDL.R5 AND R6 AND R7 IMPLEADED SUO MOTU VIDE ORDER
DATED 21.08.2020 IN W.P.(C) 15572/2020.)
WP(C) NO. 15572 OF 2020 -2-
BY ADV
SRI.JUSTIN JACOB, SR.GP
SRI.WILSON URMESE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 15572 OF 2020 -3-
JUDGMENT
WP(C) NO. 15572 OF 2020 -4-
support of their contention relied upon the photographs to show the concrete slabs which had apparently obstructed the flow of water to the land of respondent Nos.2 to 4.
With the aforementioned observations writ petition stands disposed off.
Sd/-
AMIT RAWAL JUDGE
vv
WP(C) NO. 15572 OF 2020 -5-
APPENDIX OF WP(C) 15572/2020
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF LAND TAX RECEIPT
NO.KLO8060902 395/2020 DATED 8/6/20
ISSUED BY KADUKUTTY VILLAGE OFFICE TO
THE PETITIONER.
EXHIBIT P2TRUE COPY OF ORDER NO.E-1711/2020
DATED 29/6/20 ISSUED BY SECRETARY,
KADUKUTTY GRAMA PANCHAYAT
EXHIBIT P3TRUE COPY OF RECEIPT NO.4189/2020
DATED 24/7/20 ISSUED BY KADUKUTTY
GRAMA PANCHAYAT TO PETITIONER.
EXHIBIT P4TRUE COPY OF COMPLAINT DATED 26/7/20
SUBMITTED BY PETITIONER BEFORE THE 1ST
RESPONDENT.
EXHIBIT P5TRUE COPY OF ACKNOWLEDGMENT RECEIPT
NO.580/DTPN/L2/2020DATED26/7/20
ISSUEDBY1STRESPONDENTTO
PETITIONER.
RESPONDENT EXHIBITS
EXHIBIT R3 |
APHOTOGRAPHHOUSE AND2019 FLOOD |
S OFROAD |
THE 3RD RESPONDENT'SIN FRONT OF IT, DURING |
|---|---|---|---|
EXHIBIT R3 |
BTRUE COPY22.2.2016,KADUKUTTY |
OFSUBMGRAMA |
THE COMPLAINT DATEDITTED TO THE SECRETARY,PANCHAYATH. |
EXHIBIT R3 |
CTRUE COPY9.5.2016RESPONDENT |
OFSUBM |
THE COMPLAINT DATEDITTED NU THE 2ND |
EXHIBIT R3 |
DTRUE COPY7.3.2018,RESPONDENTOFFICER, T |
OFSUBTOHRISS |
THE COMPLAINT DATEDMITTED BY THE 2NDTHE REVENUE DIVISIONALUR. |
WP(C) NO. 15572 OF 2020 -6-
EXHIBIT R3 E
PHOTOGRAPHS OF THE LAND, AFTER
CONSTRUCTION OF THE CONCRETE SLAB.
2 issues framed by the court
Whether a writ petition for police protection against alleged obstruction by neighbours during construction work is maintainable when constructive remedies are available.
Whether the party can obtain relief for alleged violation of a gram panchayat order despite mutual grievances between parties regarding land demarcation.
LILLY KURIAPPAN
THE STATION HOUSE OFFICER KORATTY
OUSEPH ALIAS JOY
PAUL JAMES
PAUL JOHNY
THE VILLAGE OFFICER KADUKUTTY VILLAGE
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court