Kerala High Court
A.L.George vs Director General Of Police And State ... on 21 August, 2020
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 21ST DAY OF AUGUST 2020 / 30TH SRAVANA, 1942
WP(C).No.11641 OF 2020(E)
PETITIONER/S:
A.L.GEORGE, AGED 61 YEARS, S/O.LONAN, APPILLY HOUSE,
PONNARIMANGALAM.P.O, MULAVUKAD, ERNAKULAM DISTRICT.
BY ADV. SRI.T.K.VIPINDAS
RESPONDENT/S:
1 DIRECTOR GENERAL OF POLICE AND STATE POLICE CHIEF,
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM,
PIN-695010.
2 THE COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM-
682011.
3 THE ASSISTANT COMMISSIONER OF POLICE,
KOCHI CITY, ERNAKULAM-682011.
4 STATION HOUSE OFFICER,
MULAVUKAD POLICE STATION, MULAVUKAD,
ERNAKULAM DISTRICT-682504.
5 MANUEL XAVIER, S/O.FRANCIS XAVIER,
THIRUNELETH HOUSE, PONNARIMANGALAM.P.O,
MULAVUKADU, ERNAKULAM DISTRICT-682504.
6 MOLLY MANUEL, AGED 48 YEARS,
W/O.MANUEL XAVIER, THIRUNILETH HOUSE,
PONNARIMANGALAM.P.O, MULAVUKADU,
ERNAKULAM DISTRICT, PIN-682504.
7 NOEL MANUEL, AGED 18 YEARS,
S/O.MANUEL XAVIER, THIRUNILETH HOUSE,
PONNARIMANGALAM.P.O, MULAVUKADU,
ERNAKULAM DISTRICT, PIN-682504.
8 HAYANA MANUEL, AGED 20 YEARS,
D/O.MANUEL XAVIER, THIRUNILETH HOUSE,
PONNARIMANGALAM.P.O, MULAVUKADU,
ERNAKULAM DISTRICT, PIN-682504.
WP(C).No.11641/2020(E) 2
ADDL.R9 THE ADDITIONAL TAHSILDAR,
KANAYANNUR TALUK, ERNAKULAM.
ADDL.R10 TALUK SURVEYOR, KANAYANNUR TALUK, ERNAKULAM.
(ADDL. R9 AND 10 ARE SUO MOTU IMPLEADED AS PER
ORDER DATED 21.08.2020 IN WP(C) NO.11641/2020.)
R5-8 BY ADV. SRI.GEO PAUL
R5-8 BY ADV. SRI.SANU MATHEW
R5-8 BY ADV. SRI.C.R.PRAMOD
R5-8 BY ADV. SRI.RADHIKA RAJASEKHARAN P.
R5-8 BY ADV. SHRI.NAVEEN T.U.
BY SENIOR GOVERNMENT PLEADER, SRI.P.P.THAJUDHEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.11641/2020(E) 3
JUDGMENT
Dated this the 21st day of August 2020 The petitioner approached this Court for police protection. According to the petitioner, the neighbouring owner pulled down the boundary wall. The petitioner submits that when he attempted to restore the boundary wall, the respondents resisted. Accordingly, the petitioner seeks police protection.
2. The learned counsel for the party respondents submitted that the party respondents have no objection in constructing the boundary wall within the petitioner's land. However, without demarcating this land, the petitioner is likely to encroach into the party respondents land. It is further submitted that the police protection is accorded as prayed, that would enable the petitioner to encroach upon the land belonging to the party respondents. If the Additional Tahsildar identifies and demarcates the petitioner's land, the party respondents have no objection in putting up the wall by the petitioner.
3. In the light of the above, the Additional Tahsildar and the Taluk Surveyor are directed to identify the land belonging to the petitioner and demarcate the boundaries of WP(C).No.11641/2020(E) 4 the petitioner as well as the party respondents. On identifying the boundary, the petitioner can construct the boundary wall. If there is any law and order situation, the police shall accord necessary protection. However, it is made clear that the petitioner cannot put up any boundary wall beyond the identified boundary by the revenue authority. If the petitioner has any claim beyond the boundary fixed by the Revenue Authority, the petitioner is free to move the civil court. The Additional Tahsildar and the Taluk Surveyor shall give necessary notice to the petitioner and the party respondents before demarcating the property by inspection. The entire exercise shall be completed within a period of two months.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.11641/2020(E) 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE BASIC TAX RECEIPT DATED 29.10.2019 ISSUED TO THE PETITIONER BY VILLAGE OFFICER, MULAVUKAD.
EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT DATED 7.1.2020 SUBMITTED BY THE PETITIONER BEFORE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 15.2.2020 FILED BY PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF EMERGENCY DEPARTMENT REGISTRATION CARD,GOVERNMENT HOSPITAL,ERNAKULAM DATED 15.2.2020.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 16.2.2020 THE COMPLAINT FILED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 4.
EXHIBIT P6 THE PHOTOGRAPHS SHOWING THE EXISTENCE OF NORTHERN COMPOUND WAIL PRIOR TO DEMOLITION. EXHIBIT P7 THE PHOTOGRAPH OF THE DEMOLISHED NORTHERN AND EASTERN COMPOUND WALL OF THE PETITIONER;S PROPERTY.
EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 9.5.2020 SUBMITTED BY BEFORE THE 3RD RESPONDENT. EXHIBIT P9 TRUE COPY OF THE CMP NO.396/2020 BEFORE THE JFCM-1, ERNAKULAM.
EXHIBIT P10 TRUE COPY OF THE FIR IN CRIME NO.269/2020. EXHIBIT P11 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 4TH RESPONDENT IN W.P(C) NO.14947/2019 WITHOUT EXHIBIT.
EXHIBIT P12 THE SURVEY SKETCH OF SURVEY NO.199. EXHIBIT P13 THE PHOTOGRAPH OF 5TH RESPONDENT LIFTING HUGE GRANITE BOULDER STONE.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 NIL
EXHIBIT R2 NIL
WP(C).No.11641/2020(E) 6
EXHIBIT R3 NIL
EXHIBIT R4 NIL
EXHIBIT R5 THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED
16.5.1998 ISSUED BY MINISTRY OF HEALTH, SULTANATE OF OMAN.
EXHIBIT R5A THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 17.5.1998 ISSUED BY MINISTRY OF HEALTH, SULTANATE OF OMAN.
EXHIBIT R5B THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 19.5.1998 ISSUED BY MINISTRY OF HEALTH, SULTANATE OF OMAN.
EXHIBIT R5C THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 26.7.1998 ISSUED BY MINISTRY OF HEALTH, SULTANATE OF OMAN.
EXHIBIT R5D THE TRUE COPY OF THE SETTLEMENT DEED NO.4402/1998 OF S.R.O., ERNAKULAM.
EXHIBIT R5E THE TRUE COPY OF THE POSSESSION CERTIFICATE. EXHIBIT R5F THE TRUE COPY OF THE LOCATION SKETCH. EXHIBIT R5G THE TRUE COPY OF BASIC LAND TAX RECEIPT. EXHIBIT R5H THE TRUE COPY OF PROPERTY TAX RECEIPT OF BUILDING EXHIBIT R5I THE TRUE COPY OF THE FIR IN CRIME NO.42/2020 OF MULAVUKADU POLICE STATION.
EXHIBIT R5J THE TRUE COPY OF THE 161 STATEMENT. EXHIBIT R5K THE TRUE COPY OF THE EMERGENCY DEPARTMENT REGISTRATION CARD ISSUED BY GOVT, HOSPITAL, ERNAKULAM.
EXHIBIT R5L THE TRUE COPY OP CHARGE CASH RECEIPT ISSUED BY LISSY HOSPITAL, ERNAKULAM.
EXHIBIT R5M THE TRUE COPY OF THE COMPLAINT GIVEN TO THE 4TH RESPONDENT.
EXHIBIT R5N THE TRUE COPY OF COMPLAINT GIVEN TO THE MULAVUKAD PANCHAYATH AUTHORITIES.
EXHIBIT R5O THE TRUE COPY OF REPLY ISSUED BY PANCHAYATH SECRETARY, MULAVUKAD