Allowed

Sarada v. the District Police Chief

Kerala HC4 Apr 2024WP(C)/5528/2023

Case brief

AI extract

What is this about?

Petitioners alleged obstruction of their passage through a pathway and sought police protection. Respondents denied any blockade; police affirmed they maintain law and order without adjudicating property rights. The court directed police to prevent illegal blockades, leaving civil remedies open.

What did the court decide?

Second respondent directed to ensure law and order in the area and that no illegal blockade is created over the pathway; civil court remedies left open.

Sarada Vs the District Police Chief — Property and Title | Kerala HC (2024)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 4^TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

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WP(C) NO. 5528 OF 2023

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PETITIONERS:

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1 SARADA AGED 63 YEARS W/O. SOMAN NAIR, VATHALLUR HOUSE, P.O.ALANELLUR, MANNARKAD TALUK, PALAKKAD DISTRICT-., PIN - 678601

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2 CHAMI AGED 58 YEARS, S/O. PARIYANI, NEDUNGOTTIL VEEDU, P.O. KACHERIPARAMBU, KOTTOPADAM, MANNARKAD TALUK, PALAKKAD DISTRICT, PIN - 678601

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BY ADVS. P.JAYARAM P.B.AJOY K.R.PAUL ARJUN P.P.

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RESPONDENTS:

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1 THE DISTRICT POLICE CHIEF PALAKKAD, PIN - 678014

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2 THE STATION HOUSE OFFICER, NATTUKAL POLICE STATION, P.O. NATTUKAL, PALAKKAD DISTRICT, PIN - 678583

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3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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4 RAMAKRISHNAN, AGED 73 YEARS, S/O. DAMODHARAN NAIR, KRISHNASADAN, ALANELLUR TOWN, P.O. ALANELLUR, MANNARKAD TALUK, PALAKKAD DISTRICT, PIN - 678601

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5 ADDL. R5. SIVADASAN, AGED 72 YEARS S/O DAMODARAN NAIR (LATE), KRISHNA SADAN, ALANALLUR, ALANALLUR-I, PALAKKAD, KERALA- 67801

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6 ADDL. R6. RADHADEVI. K., W/O PADMANABHA MENON, BEENA NIVAS, VANIYAMKULAM-I, PALAKKAD, PANAYUR, KERALA679522.

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7 ADDL. R7. DEVAKI, AGED 76 YEARS W/O KARUNAKARAN C.K., ALANGATT HOUSE, SANGEETHA ROAD, PERINTHALMANNA, MALAPPURAM, KERALA -679322.

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WP(C) NO. 5528 OF 2023

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8 ADDL. R8. SETHUMADHAVAN C., AGED 84 YEARS, S/O JANAKI AMMA C., MODAMKIZI HOUSE, SANGEETHA ROAD, PERINTHALMANNA, MALAPPRUAM, PERINTHALMANNA -679322.

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9 ADDL. R9. SARALADEVI M.P., AGED 71 YEARS, D/O. PADMAVATHIYAMMA, KAILASAM, SANGEETHA ROAD, PERINTALMANNA, MALAPPURAM, PERINTALMANNA-679322.

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10 ADDL. R10. SUMATHI, AGED 61 YEARS, W/O CHANDRASEKAR A.K., CHANDRA NIVAS, ERANTHODE, NEAR KRISHI BHAVAN ANGADIPPURAM, VALAMBUR, MALAPPURAM -679325.

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11 ADDL. R11. SUNIL KUMAR M., AGED 53 YEARS, S/O. SETHUMADHAVAN M.P., MELEMADATHIL HOUSE, KARALMANNA POST, CHERPULACHERRY, KARALMANNA, PALAKKAD, KERALA679506.

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12 ADDL. R12. VIJAYALAKSHMI A.K., AGED 72 YEARS, AYINIKOTTIL, VATTAMANNAPPURAM P.O., PALAKKAD, KERALA679506.

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13 ADDL. R13. SANKARANARAYANAN K., AGED 59 YEARS, S/O DAMODARAN NAIR, KRISHNA SADAN, NEAR VILLAGE OFFICE, ALANALLUR, ALANNALLUR 1 PALAKKAD-678601.

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14 ADDL. R14. SOBHANA, AGED 64 YEARS, D/O DAKSHAYANI AMMA, KRISHNA SADAN, CHANDAPPADI, ALANNALLUR, PALAKKAD-678601.

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15 ADDL. R15. INDIRA, AGED 60, D/O DAMODARAN NAIR (LATE), KRISHNA SADAN, CHANDAPPADI, ALANNALUR PALAKKAD678601.

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16 ADDL. R16. LATHA K , AGED 57 YEARS, W/O SIVADASAN C.P., PLOT NO. 31, D NO. 38/5 GURUVAYURAPPAN NAGAR, HOSUR, KRISHNAGIRI, TAMIL NADU-635109.

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17 ADDL. R17. SETHU MADHAVAN K., AGED 76 YEARS, AGED 76 YEARS, S/O DHAMODHARAN NAIR, BHAGAVATH VILLA, KOLAKKADA, PERINTHALMANNA MALAPPURAM -679322.

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18 ADDL. R18. GIRIJA M.P., AGED 62 YEARS, W/O VISWANATHAN P, PETTAMANNA, EDATHANNATTUKARA P.O., PALAKKAD678601.

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19 ADDL. R19. M.P RAMAKRISHAN, AGED 73 YEARS, S/O U NARAYANAN NAIR, UMMANATH, PULLIKKUTH, MELATTUR, MALAPPURAM-679326.

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WP(C) NO. 5528 OF 2023

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20 ADDL. R20. VASUDEVAN M.P, AGED 66 YEARS, S/O NARAYANAN NAIR, SREEHARI HOUSE, KOVILAKAM KUNDU NORTH, MANJERI, MALAPPURAM -676121.

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21 ADDL. R21. PADMANABHAN NAIR, AGED 68 YEARS, S/O PADMANABHAN NAIR, MODANKUZHI, CHUNDOTTUKUNNU, EDATHANATTUKARA, PALAKKAD -678601.

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22 ADDL. R22. RAVINDRAN M.P., AGED 64 YEARS, S/O KELUNNI, LAKSHMI NIVAS, THIRUVIZHAMKUNNU, KOTTOPPADAM-I, PALAKKAD -678601.

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23 ADDL. R23. REGHUNATHAN, AGED 62 YEARS, S/O KELUNNIO, MODAN KUZHI, POTTANCHOLAYIL, KOTTOPPADAM-I, PALAKKAD678601 (ARE IMPLEADED AS ADDL. RESPONDENTS R5 TO R23 AS PER ORDER DATED 14.03.2024 IN I.A. 1/2023 IN WP(C) 5528/2023).

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BY ADVS. SABU GEORGE . M.B.SOORI P.B.KRISHNAN(K/1193/1994) P.B.SUBRAMANYAN(K/1145/2009) B.ANUSREE(K/000951/2016) MANU VYASAN PETER(K/000652/2013) PAUL C THOMAS BALAMURALI K.P. HARIPRIYA.M SRI P M SHAMEER-GP;

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5528 OF 2023

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JUDGMENT

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The petitioners have approached this Court alleging that the party respondents are obstructing their right of passage through a pathway, though they have no exclusive right over it. They say that the first petitioner, therefore, preferred various complaints before respondents 1 and 2 seeking protection, but that they remain unheeded, thus constraining them to approach this Court through this writ petition.

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In response to the afore allegations of the petitioners, as made by their learned counsel - Sri.Jayaram, the learned counsel for the fourth respondent – Sri.P.B.Subramanyan, submitted that the afore assertions are wrong and that no blockade has been created, nor will be done in the future by his client.

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The learned counsel appearing for respondents 5 to 23 adopted the afore submissions of Sri.P.B.Subramaniam, adding that the assertions of the petitioners are all untrue.

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Sri.P.M.Shameer - learned Government Pleader, affirmed that there is no blockade on the pathway at all and that the police are maintaining law and order. He explained that some of the party respondents appear to take the stand that the

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WP(C) NO. 5528 OF 2023 5

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second petitioner is a stranger and that he has no right over the property in question; however, that these are not issues into which the police can enter and will enter, but that they will ensure that none of them take law into their own hands.

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I have no doubt that the afore position adopted by the Police is the most apposite in the given circumstances.

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In the afore circumstances, recording the submissions of Sri.P.B.Subramaniam and that of the counsel for respondents 5 to 23, I allow this writ petition, directing the second respondent to ensure that law and order is maintained in the area in question and that no one is allowed to create any illegal blockade over the pathway in question, though the rival remedies before the Civil Courts are fully left open.

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Sd/- DEVAN RAMACHANDRAN JUDGE

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stu

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WP(C) NO. 5528 OF 2023

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APPENDIX OF WP(C) 5528/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE LOCATI OBSTRUCTED WAY AND THE VILLAGE OFFICER, KOTTOP	ON SKETCH OF THE SURROUNDINGS PREPARED BY ADAM-III VILLAGE
Exhibit P2	TRUE COPY OF THE REPORT BY THE VILLAGE OFFICER, TO THE TALUK OFFICE, CO	DATED 06/01/2021 SENT KOTTOPADAM-III VILLAGE NTAINING DETAILS OF
	OBSTRUCTION TO THE WAY	AND ITS CONSEQUENCES
	WITH THE NON-CO-OPERATI TO AMICABLY SETTLE THE	ON OF THE 4TH RESPONDENT ISSUE BEFORE THE
	JANAKEEYA SAMITHI IN TH	E VILLAGE

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Exhibit P3	TRUE COPY OF THE FILED BY THE 1ST NAIR, THE 2ND PET INSPECTOR OF POLI AGAINST THE 4TH R	COMPLAINT DATED 03/12/2022 PETITIONER'S HUSBAND, SOMAN ITIONER AND OTHERS BEFORE THE CE, NATTUKAL POLICE STATION ESPONDENT
Exhibit P4	TRUE COPY OF THE ISSUED FROM THE N RESPECT TO EXT.P3	RECEIPT DATED 11/12/2022 ATTUKAL POLICE STATION WITH COMPLAINT
Exhibit P5	TRUE COPY OF THE FILED BY THE 1ST INSPECTOR OF POLI RESPONDENT	COMPLAINT DATED 8/12/2022 PETITIONER BEFORE THE CIRCLE CE, NATTUKAL AGAINST THE 4TH
Exhibit P6	TRUE COPY OF THE FROM THE NATTUKAL TO EXT.P5 COMPLAI	RECEIPT DATED 8/12/2022 ISSUED POLICE STATION WITH RESPECT NT
Exhibit P7	TRUE COPY OF THE FILED BY THE 1ST RESPONDENT AGAINS OBSTRUCTION TO TH FENCING	COMPLAINT DATED 20/12/2022 PETITIONER BEFORE THE 1ST T THE 4TH RESPONDENT ON E WAY AND DESTRUCTION OF
Exhibit P8	TRUE COPY OF THE ISSUED FROM THE D PALAKKAD WITH RE	RECEIPT DATED 21/12/2022 ISTRICT POLICE OFFICE, SPECT TO EXT.P7 COMPLAINT
Exhibit P9	TRUE COPY OF THE SRO ALANELLUR, WH HIS WIFE PURCHASE THE OBSTRUCTED WA	SALE DEED NO. 1357 OF 2019, EREBY, THE 2ND PETITIONER AND D THE PROPERTY ON THE SIDES OF Y

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WP(C) NO. 5528 OF 2023

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Exhibit P10 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 26/12/2022 ISSUED IN THE NAME OF 1ST PETITIONER'S SON, SARATH SOMAN, FROM VILLAGE OFFICE, KOTTOPADAM-III VILLAGE SHOWING ACTUAL POSSESSION OF THE PROPERTIES HELD BY SARATH SOMAN ON THE SIDES OF THE OBSTRUCTED WAY

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Exhibit P11 TRUE COPY OF THE PHOTOGRAPHS SHOWING OBSTRUCTION TO THE WAY MADE BY THE 4TH RESPONDENT

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Exhibit P12 A true copy of the application for purchase certificate of the ancestral home and property showing 1st petitioner also as a co-owner, filed by the 4th respondent before Land Tribunal, Agali

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Exhibit P13 Photographs showing clearer pictures of the way and the obstruction

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RESPONDENT EXHIBITS

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Exhibit-R4(a) A true copy of the Circular issued by the State Police Chief dated 01-03-2012

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Exhibit-R4(b) A true copy of the application dated 09-012023 filed under the Right to Information Act, 2005

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Exhibit-R4(c) A true copy of the information dated 02-022023 given by the State Public Information Officer, Kottoppadam Panchayat

Sarada v. the District Police Chief

Case brief

What is this about?

What did the court decide?

Sarada v. the District Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

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