Kerala High Court
Viswam Kuthupara vs The City Police Commissioner
Author: Ashok Bhushan
Bench: A.M.Shaffique, Ashok Bhushan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 29TH DAY OF OCTOBER 2014/7TH KARTHIKA, 1936
WP(C).No. 11845 of 2013 (E)
----------------------------------------
PETITIONER:
-------------------
VISWAM KUTHUPARA, AGED 50 YEARS,
S/O.K.N.KADUTHA, KUTHUPARA HOUSE, THRIKKAKARA P O
ERNAKULAM.
BY ADVS.SRI.R.KRISHNA RAJ
SMT.E.S.SONI
/RESPONDENTS:
------------------------
1. THE CITY POLICE COMMISSIONER,
KOCHI CITY, ERNAKULAM-682011.
2. THE SUB INSPECTOR OF POLICE, THRIKKAKKARA POLICE STATION,
ERNAKULAM- 682021.
3. THE CIRCLE INSPECTOR OF POLICE,
KALAMASSERY POLICE STATION, ERNAKULAM-683104.
4. JOSEPH AUGUSTIN,
S/O.AUGUSTIN, PUTHENVEETTIL HOUSE, GURUDEVA LANE ROAD,
THOPPIL, THRIKKAKKARA P O, ERNAKULAM DISTRICT-682021.
5. LENIN JOSEPH,
S/O.JOSEPH, PUTHENVEETTIL HOUSE, GURUDEVA LANE ROAD,
THOPPIL, THRIKKAKKARA P O, ERNAKULAM DIST-682021.
R1 - R 3 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN
R4 & 5 BY ADVS. SRI.ALAN PAPALI
SRI.SOJAN MICHEAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-10-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 11845 of 2013 (E)
---------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXT.P1:-TRUE COPY OF THE COMPLAINT DTD 1/11/2010
EXT.P2:-TRUE COPY OF THE COMPLAINT GIVEN TO THE 3RD RESPONDENT DTD
7/12/2012
EXT.P3:-TRUE COPY OF THE LETTER DTD 13/12/2012
EXT.P4:-TRUE COPY OF THE REPRESENTATION DTD 14.12.2012
EXT.P5:-TRUE COPY OF THE LETTER DTD 16/2/2013
EXT.P6:-TRUE COPY OF THE INTIMATION GIVEN BY THE 2ND RESPONDENT TO THE
PETITIOENER DTD 20/2/2013
EXT.P7:-TRUE COPY OF THE COMPLAINT DTD 22/12/2012
EXT.P8:-TRUE COPY OF THE REPRESENTATION DTD 4/2/2013
EXT.P9:-TRUE COPY OF THE REPRESENTATION DTD 1/4/2013
EXT.P10:TRUE COPY OF THE RECEIPT DTD 1/4/2013
EXT.P11: PHOTOGRAPHS SHOWING THE SARPAKAVU AND ITS IDOLS
EXT.P12: TRUE COPY OF THE ROUGH SKETCH OF THE AREA PREPARED BY THE
PETIOTIONER
EXT.P13: TRUE COPY OF THE ASTAMANGALYA PRASHNAM CONDUCTED ON 26/11/99
EXT.P14: TRUE COPY OF THE COMPLAINT DATED 20/3/13
EXT.P15: COPY OF THE COMPLAINT
RESPONDENT(S)' EXHIBITS
---------------------------------------
EXT.R4(A): TRUE COPY OF THE PETITION DATED 4/11/10 FILED BY THE 4TH
RESPONDENT BEFORE THE REVENUE DIVISIONAL OFFICER, FORT
KOCHI
EXT.R4(B): TRUE COPY OF THE JUDGMENT DATED 2/12/10 IN WRIT PETITION (CIVIL)
NO.35126 OF 2010 OF THIS HONOURABLE COURT.
EXT.R4(C): TRUE COPY OF THE REPORT DATED 9/11/10 SUBMITTED BY THE VILLAGE
OFFICER, VAZHAKKALA TO THE REVENUE DIVISIONAL OFFICER FORT
KOCHI
PJ
....2/-
..2..
WP(C).No. 11845 of 2013 (E)
---------------------------------------
EXT.R4(D): PHOTOGHRAPH SHOWING THE BOARD IN THE POPERTY OF THE
PETITIONER
EXT.R4(E): TRUE COPY OF THE ORDER DATED 19/12/12 IN BAIL APPLICATION
NO.9524/12 OF THIS HONOURABLE COURT
EXT.R4(F): TRUE COPY OF THE COPLAINT DATED NIL SUBMITTED BY THE 4TH
RESPNDENT TO THE ASSISTANT COMISSIONER OF POLICE,
THRIKKAKARA
EXT.R4(G): TRUE COPY OF THE COMPLAINT DATED 12/2/13 GIVEN BY THE 4TH
RESPONDENT TO THE SUB INSPECTOR OF POLICE, THRIKKAKARA
EXT.R4(H): TRUE COPY OF THE COMPLAINT DATED 11/3/13 FILED BY THE 4TH
RESPONDENT TO THE SUB INSPECTOR OF POLICE, THRIKKAKARA
EXT.R4(I): PHOTOGRAPHS SHOWING THE OVERHANGING BRANCHES AND THE LIE
OF THE LIE OF THE PROPERTY
EXT.R4(J): TRUE COPY OF THE PETITION FILED BY THIS DEPONENT AGAINST THE
PETITIONER AND HIS BROTHER BEFORE THE S.I. OF POLICE,
THRIKKAKARA POLICE STATION DATED 7/8/13
EXT.R4(K): TRUE COPY OF THE PETITION FILED BY THE PETITIONER AND THE
ENDORSEMENT BY THE SUB COLLECTOR, PORT KOCHI DATED 31/7/13
EXT.R4(L): TRUE COPY OF THE LETTER GIVEN TO THIS DEPONENT BY THE
SECRETARY OF THE THRIKKAKARA MUNNICIPALITY DATED 20/7/13.
/ TRUE COPY /
P.S. TO JUDGE
PJ
ASHOK BHUSHAN, Ag.CJ
& A.M.SHAFFIQUE, J.
* * * * * * * * * * * * *
W.P.C.No.11845 of 2013
----------------------------------------
Dated this the 29th day of October 2014
J U D G M E N T
Shaffique,J This writ petition is filed inter alia seeking for a direction to respondents 1 to 3 to provide necessary police protection to the life of the petitioner and his family members and also to render police protection to the Nagarkavu namely Kuthupara Aayilyam Kavu Nagaraja.
2. The issue projected by the petitioner is with reference to certain nuisance alleged to have been caused by party respondents 4 and 5. It is inter alia contended that a sarpakavu is being managed by the petitioner where large number of devotees come and conduct pooja and other rituals. It is stated that party respondents have sprayed chemicals on the trees standing in the grove, as a result of which, cases had been taken against party respondents. It is further submitted that presently, party respondents are W.P.C.No.11845/2013 2 indulging in several other nuisance and preventing the functioning of the sarpakavu. Though petitions were filed before the police, no action has been taken in the matter and hence the petitioner has approached this Court.
3. Counter affidavit has been filed by the party respondents inter alia stating that their attempt was only to remove the overhanging branches of the trees which are causing nuisance to the enjoyment of their property. The sarpakavu is situated just opposite to the residence of the party respondents and the overhanging branches of the trees are causing danger to their life. It is also stated that they had approached the Revenue Divisional Officer who had passed an order rejecting their application. Thereafter, the matter was taken in revision before this Court in Crl.R.P.No.1254/2014 and by order dated 31/07/2014, a direction was issued by this Court to the petitioner herein to cut and remove the overhanging branches of the trees as requested by the party respondents before the Executive W.P.C.No.11845/2013 3 Magistrate.
4. Having regard to the aforesaid submission, the learned counsel for the petitioner submits that the petitioner should not be called upon to cut and remove the branches of the trees as the petitioner fear that something may happen if the branches of the trees of a serpent grove is cut and removed. On the other hand, the learned counsel for the party respondents would submit that in so far as a direction had already been issued by this Court, petitioner is bound to comply with the said direction.
5. Though this is an application for police protection, taking into consideration the issue involved between the neighbours, we are of the view that the order passed by this Court in Crl.R.P.No.1254/2014 has to be complied with by either parties in letter and spirit. However, if there is dispute between the parties as to whether there are any overhanging branches of the trees or not, it is advisable for the petitioner to arrange cutting of the branches of the trees W.P.C.No.11845/2013 4 on the advice of the Village Officer concerned.
6. As far as the other issues relating to law and order situation is concerned, it is always open for the parties to approach the concerned Station House Officer, if there is any offence being committed or there is any attempt to commit offence.
Hence this writ petition is disposed of as under:
i) If there is any offence being committed or there is an attempt to commit any offence by either parties, it shall be open for them to approach police, who shall take necessary action, after conducting enquiry in accordance with the procedure prescribed.
ii) In regard to cutting of the overhanging branches of the trees, the same shall be done by the petitioner in the presence of the Village Officer and as per his directions. The petitioner shall produce a copy of this judgment before the Village Officer along with a request to be present at the time when overhanging branches are cut and removed. Such W.P.C.No.11845/2013 5 request can be made by the party respondents as well. This shall be done with notice to either parties.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.11845/2013 6 W.P.C.No.11845/2013 7