Kerala High Court
Rajeesh K.F vs The Station House Officer on 4 February, 2021
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
W.P.(C) No.729 OF 2021(M)
PETITIONER/S:
RAJEESH K.F.,
AGED 35 YEARS
S/O. FRANCIS, KALLOOR HOUSE, KAKKANAD, THRIKKAKARA
P.O. KOCHI 682 021.
BY ADVS.
K.T.THOMAS
SRI.MATHEW B. KURIAN
RESPONDENT/S:
1 THE STATION HOUSE OFFICER
THRIKKAKARA POLICE STATION, THRIKKAKARA,
KOCHI 682 030.
2 THE SECRETARY,
THRIKKAKARA MUNICIPALITY, MUNICIPAL OFFICE,
THRIKKAKARA, KOCHI 682 030.
3 PAREETH T.A,
S/O. ALI, THAZHATH VEEDU (H), COCHIN PUBLIC SCHOOL
ROAD, THRIKKAKARA P.O., KOCHI 682 021.
4 SHIHAAB T.A,
S/O. ABUBACKER T.A,
THAZHATH VEEDU (H), COCHIN PUBLIC SCHOOL ROAD,
THRIKKAKARA P.O., KOCHI 682 021.
5 ABDUL SALAM,
S/O. MAIMULLA,
THAZHATH VEEDU (H), COCHIN PUBLIC SCHOOL ROAD,
THRIKKAKARA P.O., KOCHI 682 021.
6 SHAFEEK T.K.,
AGED 35 YEARS
S/O. KHATHAR,
THAZHATH VEEDU (H), COCHIN PUBLIC SCHOOL ROAD,
THRIKKAKARA P.O., KOCHI 682 021.
7 SEETHI IBRAHIM,
S/O. IBRAHIM, KOLLAMKUDY (H),
W.P.(C) No.729 OF 2021(M)
2
COCHIN PUBLIC SCHOOL ROAD, THRIKKAKARA P.O.
KOCHI 682 021.
8 ABBAS K.M.,
KALAPURAYKKAL (H), S/O. MOHAMMED,
MODEL ENGINEERING COLLEGE ROAD,
THRIKKAKARA, KOCHI 682 021.
9 KUNJUMARAKAR,
ANJIKATH (H), KAITHAPPADATH,
THRIKKAKARA, KOCHI 682 021.
R2 BY SHRI.G.G.MANOJ, SC, THRIKKAKARA
MUNICIPALITY
R2 BY ADV. SRI.S.SARATH PRASAD
R3-9 BY ADV. SRI.R.ROHITH
OTHER PRESENT:
SRI SUNIL NATH N.B- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.729 OF 2021(M)
3
JUDGMENT
The petitioner, who is the owner in possession of the property having an extent of 2 ares along with a residential building bearing Nos.38/1523, 1524 & 1525 of Thrikkakara Municipality comprised in Re.Survey No.371/14 of Block No.8 of Vazhakkala Village of Kanayannur Taluk, obtained as per Ext.P1 Sale Deed No.2295 of 2011 of Sub Registrar Office, Thrikkakara, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that respondents 3 to 9 and their men have no right or authority to interfere with the activities carried on by the petitioner in terms of Ext.P7 permit and plan dated 13.11.2020 issued by the 2nd respondent Secretary of Thrikkakara Municipality; A writ of mandamus commanding the 1st respondent Station House Officer to afford sufficient police protection to the petitioner and his workers against respondents 3 to 9 and their men for carrying on the activities as per Ext.P7 permit and plan dated 13.11.2020 issued by the 2nd respondent Secretary of Thrikkakara Municipality; and a writ of mandamus commanding the 1st respondent Station House Officer to take appropriate action against respondents 3 to 9 and their men for taking law into their hands.
2. On 12.01.2021, when this writ petition came up for W.P.(C) No.729 OF 2021(M) 4 admission, the learned Government Pleader took notice on admission for the 1st respondent Station House Officer and the learned Standing Counsel took notice on admission for the 2 nd respondent Secretary of Thrikkakara Muncipality. Urgent notice on admission by special messenger was ordered to respondents 3 and 9, returnable by 20.01.2020. The learned Government Pleader was directed to get instructions from the 1 st respondent Station House Officer.
3. On 20.01.2021, when this writ petition came up for consideration, this Court passed the following order;
"Despite service of notice, none appears for respondents 3 to
9. The learned Standing Counsel for the 2 nd respondent Municipality would submit that the proposed construction is in terms of Ext.P7 site approval and building permit. The learned Government Pleader, on instructions from the 1 st respondent Station House Officer would submit that at present there is no law and order problem in the area. However, respondents 3 to 9 are objecting the construction of the compound wall.
Having considered the averments in the writ petition and also the submissions made by the learned counsel on both sides, this Court finds that the petitioner, who is the holder of Ext.P7 site approval and building permit is entitled for police protection to undertake the construction of compound wall on the strength of that building permit. In such circumstances, there will be an interim order as W.P.(C) No.729 OF 2021(M) 5 prayed for, for a period of one month."
4. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for the 1st respondent, and also the learned Standing Counsel for the 2nd respondent. Despite service of notice, none appears for respondents 3 to 9.
5. The learned counsel for the petitioner would submit that the construction of the compound wall has already been completed.
6. The learned Standing Counsel for Thrikkakara Municipality would point out that the Secretary of the Municipality has already issued a stop memo to the petitioner, after the interim order of this Court dated 20.01.2021 based on the complaint made by the local residents against the construction of compound wall and that, the Overseer in the Municipality has already inspected the property and submitted a report. The petitioner has submitted his objections to the stop memo. The learned Standing Counsel would submit that the Secretary of the Municipality will consider the objection of the petitioner to that stop memo and take appropriate action, if found necessary, with a notice to the petitioner and also to the complainants.
Since, the construction of the compound wall has already been completed after the interim order dated 20.01.2021 granted W.P.(C) No.729 OF 2021(M) 6 by this Court, this writ petition is disposed of by recording the said fact; however without prejudice to the right of the Secretary of Thrikkakara Municipality to proceed with the stop memo issued to the petitioner, based on the complaint made by the local residents, in accordance with law and take an appropriate decision, with notice to the petitioner and also to the complainants.
Sd/-
ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.729 OF 2021(M) 7 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2295/2011 OF THRIKKAKARA SUB REGISTRY OFFICE.
EXHIBIT P2 TRUE COPY OF BASIC TAX RECEIPT DATED 25.06.2020 ISSUED BY VILLAGE OFFICE, VAZHAKKALA.
EXHIBIT P3 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 02.06.2020 FOR DOOR NO. 1523, ISSUED BY THE THRIKKAKARA MUNICIPALITY. EXHIBIT P4 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 02.06.2020 FOR DOOR NO. 1524 ISSUED BY THE THRIKKAKARA MUNICIPALITY. EXHIBIT P5 TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 02.06.2020 FOR DOOR NO. 1525 ISSUED BY THE THRIKKAKARA MUNICIPALITY. EXHIBIT P6 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY ISSUED BY VILLAGE OFFICER, VAZHAKKALA.
EXHIBIT P7 TRUE COPY OF THE BUILDING PERMIT DATED 13.11.2020 ALONG WITH APPROVED SITE AND LOCATION PLAN ISSUED BY THE THRIKKAKRA MUNICIPALITY.
EXHIBIT P8 PHOTOGRAPHS OF THE BUILDING AND LOCATION.
EXHIBIT P9 PHOTOGRAPHS OF THE LOCATION AND BUILDING.
EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 11.12.2020 SUBMITTED BY THE PETITIONER. EXHIBIT P11 TRUE COPY OF ACKNOWLEDGEMENT DATED 11.12.2020 ISSUED BY THE 1ST RESPONDENT.