Disposed

John Paulose v. State of Kerala

Kerala HC10 Aug 2023WP(C)/8280/2023

Case brief

AI extract

What is this about?

Petitioner sought writ for protection and implementation of permissions to construct a slab on garden land obstructed by intruders. Court directed Panchayat permissions stand and Police to protect proceedings if objections arise.

What did the court decide?

Petitioner allowed to construct slab per Exhibits P5 and P6; Police to provide protection on complaint of obstruction; Petitioner may challenge permits if aggrieved.

John Paulose Vs State of Kerala — Property and Title | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN

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THURSDAY, THE 10TH DAY OF AUGUST 2023 / 19TH SRAVANA, 1945
WP(C) NO. 8280 OF 2023

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PETITIONER:

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JOHN PAULOSE
AGED 70 YEARS
S/O V.P.PAULOSE, VELIYAMATTATHIL HOUSE,
MULANTHURUTHY VILLAGE, ERNAKULAM DISTRICT,
KERALA, PIN - 682314
BY ADVS.
AKHIL ALPHONSE G.
JEWEL PAUL

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001

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2 DISTRICT POLICE CHIEF 4924+4VC, DISTRICT POLICE OFFICE, SH16, OPPOSITE POWER HOUSE, ALUVA, KERALA, PIN - 683101

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3 DEPUTY SUPERINTENDENT OF POLICE PUTHENKURISH SUB DIVISION, MADURAI-TONDI POINT ROAD, AIKARANAD SOUTH, ERNAKULAM, KERALA - 682308

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4 CIRCLE INSPECTOR OF POLICE S.H.O, CHOTTANIKKARA POLICE STATION, CHOTTANIKKARA VANDIPPETTA RD, CHOTTANIKKARA, KERALA- 682312

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5 THIRUVANIYOOR GRAMA PANCHAYAT REPRESENTED BY IT'S SECRETARY, THIRUVANIYOORMANEED ROAD, THIRUVANIYOOR, ERNAKULAM- 682308. BY ADVS. SRI. RAJEEV JYOTHISH GEORGE, GP

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K.S.ARUN KUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C).No.8280 /2023

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).No.8280 of 2023

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Dated this the 10^th day of August, 2023

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JUDGMENT

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This writ petition is filed with following prayers:

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A. Issue a writ of mandamus directing the respondents 1 to 5 to take appropriate action in implementing Exhibits P3, P4 orders of the Hon’ble Kerala High Court and Exhibit P5 order of the 5th respondent.

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B. Issue a writ of mandamus directing the respondents 1 to 4 to take appropriate action in Exhibits P8 and Exhibit P9 complaints forthwith by proceeding against the intruder henchmen.

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C. Issue a writ, direction, or order directing the respondents 1 to 4 to provide necessary protection to the life and property of the petitioner and his family from the illegal and high handed acts of the local intruders.

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D. Issue such other reliefs as this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.

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(SIC)

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Petitioner is the owner of the agricultural garden

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WP(C).No.8280 /2023

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land property in Resurvey Nos.242/3, 242/4-2, 242/9, 242/10, having an extent of 24.63 Ares located in Thiruvaniyoor Village, Kunnathunadu Taluk, Ernakulam District. It is the case of the petitioner that he requires a slab to be built across the thodu on one side of his property to allow access to the rest of his property for person and vehicle. It is the further case of the petitioner that certain people are regularly disturbing and interrupting such construction. Hence this writ petition.

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Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the learned counsel for the 5^th respondent.

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The counsel for the Panchayat submitted that as per Exts.P5 and P6, the Panchayat granted permission for the construction of slab with certain conditions, which were imposed because of the directions of this Court in Ext.P4 judgment. If that be the case, as long as Exts.P5 and P6 are in force, the petitioner is entitled to construct the slab and the Police is bound to give adequate protection for the same. If anybody is aggrieved by Exts.P5 and P6, they have to challenge the same in accordance with law.

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Therefore, this writ petition is disposed of in the

WP(C).No.8280 /2023

following manner:

The petitioner is free to construct the slab as allowed in Exts.P5 and P6.

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If there is any obstruction in the construction, the petitioner is free to submit a complaint before the 4^th respondent and if such a complaint is received, the 4^th respondent will give adequate police protection to the petitioner for completing the construction strictly in accordance with Exts.P5 and P6.

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If anybody is aggrieved by Exts.P5 and P6, they are free to challenge the same in accordance with law.

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sd/- P.V.KUNHIKRISHNAN JUDGE

WP(C).No.8280 /2023

APPENDIX OF WP(C) 8280/2023

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`PETITIONER EXHI`	`BITS`
`ExhibitP1`	`TRUE COPY OF THE TITLE DEED OF THESE` `PROPERTY OF THE PETITIONER NUMBERED` `975/2010 , OF PUTHENCRUZ SRO`
`ExhibitP1(a)`	`TRUE COPY OF THE TITLE DEED OF THE` `PROPERTY OF PETITIONER NUMBERED` `4902/2012, OF PUTHENCRUZ SRO`
`ExhibitP2`	`A TRUE COPY OF THE LOCATION SKETCH,` `DATED 31.12.2020, ISSUED BY THE` `VILLAGE OFFICER, THIRUVANIYOOR TO THE` `PETITIONER`
`ExhibitP3`	`A TRUE COPY OF THE JUDGMENT IN WP(C)` `38456/2015, DATED 18.12.2015, ON THE` `FILES OF THIS HONOURABLE COURT`
`ExhibitP4`	`A TRUE COPY OF THE JUDGMENT IN WP(C)` `5668/2016, DATED 22.03.2017, ON THE` `FILES OF THIS HONOURABLE COURT`
`ExhibitP5`	`TRUE COPY OF THE ORDER ISSUED BY THE` `5TH RESPONDENT, DATED 24.06.2019`
`ExhibitP6`	`A TRUE COPY OF THE LETTER OF APPROVAL` `NUMBERED A3-1369/2021, ISSUED BY THE` `5TH RESPONDENT TO THE PETITIONER,` `DATED 17.09.2021`
`ExhibitP7`	`TRUE COPY OF THE AGREEMENT ENTERED BY` `THE PETITIONER WITH THE CONTRACTOR` `MR.T.V.VIJAYAN, DATED 24.01.2022`
`ExhibitP8`	`THE TRUE COPY OF THE COMPLAINT FILED` `BY THE PETITIONER BEFORE THE 4TH` `RESPONDENT, DATED 03.03.2023, ALONG` `WITH ITS RECEIPT`
`ExhibitP9`	`THE TRUE COPY OF THE COMPLAINT, DATED` `03.03.2023, FILED BY THE PETITIONER` `BEFORE THE 2ND RESPONDENT ALONG WITH` `ITS RECEIPT`

John Paulose v. State of Kerala

Case brief

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John Paulose v. State of Kerala

Case brief

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