Kerala High Court
All Kerala Anti-Corruption And Huhman ... vs The State Of Kerala on 13 January, 2020
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941
WP(C).No.35982 OF 2019(S)
PETITIONER:
ALL KERALA ANTI-CORRUPTION AND HUHMAN RIGHTS
PROTECTION COUNCIL,(REG. NO.CA-597/6),
POST BOX NO.29, METTUPALAYAM STREET,
PALAKKAD-678 001,
REPRESENTED BY ITS STATE SENIOR VICE PRESIDENT,
BAPPU VADAKKAYIL, AGED 55 YEARS,
S/O.KAMMUKUTTY, ABHAYAM, VADAKKAYIL HOUSE,
PANANGATTOOR, TANUR, MALAPPURAM-676 302.
BY ADVS.
SRI.T.D.SUSMITH KUMAR
SRI.C.SIVADAS
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3 THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS,
VAZHUTHACAUD P.O.,
THIRUVANANTHAPURAM-695 014.
4 THE SUPERINTENDENT OF POLICE,
MALAPPURAM-676 505.
SR. GP SRI.ARAVIND KUMAR BABU FOR RESPONDENTS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.01.2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).35982/2019
2
JUDGMENT
Dated this the 13th day of January, 2020 S. Manikumar, CJ All Kerala Anti-Corruption and Human Rights Protection Council, a registered society has filed instant writ petition for the following reliefs:
i. To call for entire records pertaining to Exhibit P2 and all actions taken by the 2nd respondent. ii. to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to enforce the order dated 19.6.2018 in consonance with Exhibit P2 by installing the Police Control Room at Tanur forthwith.
2. Petitioner is a Registered Society, incorporated under Societies Registration Act, 1860, with sole objective to eradicate corruption and uplift Human Rights of the fellow citizen, thereby maintaining democratic setup, secular order and Rule of Law. Tanur, a coastal fishing town, is notorious for high crime ratio in comparison to other areas of Malappuram, especially for frequent political violence, communal riots and illegal activities of Drug Mafia.
3. This being so, the Secretary, Department of Home W.P(C).35982/2019 3 Affairs (2nd respondent) upon thorough perusal, has sanctioned Police Control Room at Tanur, upon the hue and cries of the public-spirited members of the petitioner as well as the inhabitants of the locality as per the Government Order, Ext.P2. But the respondents with deliberate and mala fide intention denounced Ext.P2 and scheduled to start the same at Tirur on 26.12.2019, with ulterior motive. The second respondent is liable to facilitate specialized response units like Control Rooms equipped to respond to crime, calamity accident etc. in consonance with Section 21(2) (m) of the Kerala Police Act, 2011. Shifting of the Police Control Room allotted to Tanur as per Ext.P2 to Tirur is utmost arbitrary, illegal and devoid of rationale by violating Section 21(2)(m) of the Kerala Police Act, 2011, is a vivid violation of Articles 14 and 21 of the Constitution of India.
4. Sum and substance of the grievance of the petitioner is that though the 2nd respondent has sanctioned a control room at Tanur by creating 40 posts, with an ulterior motive, started a control room at Tirur, contrary to Ext.P2 Government Order.
5. When the matter came up for admission on 6.1.2020, we directed the learned Government Pleader to get instructions.
W.P(C).35982/2019 4
6. Ext.P1 letter of the Revenue Divisional Officer, Tirur addressed to the District Collector, Malappuram dated 30.10.2015 is reproduced as under:
"No: D/8677/15 Revenue Divisional Office, Tirur Date: 30/10/2015 From Revenue Divisional Officer, Tirur.
To District Collector, Malappuram.
Sir, Sub: Formation of new Taluk at Tanur - Submission of Report-
Reg.
Ref: 1. Your letter L1-42326/15 dated 07.06.2015.
2. Report No.G4/18432/15 dated 29.10.2015 of Tahsildar, Tirur.
Your kind attention is invited to the above. Tahsildar, Tirur has submitted a report vide Reference No.2 on the basis of the direction under reference No.1 regarding the formation of a New Taluk in Tanur. On verification of the same, it is understood that Tanur, Pariyapuram, Tanalur, Ponmundam, Cheriyamundom, Niramaruthoor, Valavannoor, Kalpakanchery, Ozhoor, Perumanna villages are coming under Tanur Block. At present there are 30 villages in vicinity of Tirur Taluk.
As per the Census of 2011, the population in the villages coming under Tanur Block is 3,22,463. There are about 100 Government offices in the above block. Being a coastal area, it will be beneficial for the people if a new Taluk is formed. It will also be beneficial in the sense that there are law and order problems, W.P(C).35982/2019 5 density of population, laborious works including Revenue recovery etc in Tirur Taluk and it will be beneficial for the administrative functions if a new Taluk is formed. Therefore, it is convinced that steps can be taken for the formation of a new Taluk based at Tanur. Hence this report is submitted for further action.
Yours faithfully, Sd/-
Revenue Divisional Officer, Tirur."
7. G.O.(H)No.103/2018/Home dated 19.6.2018(Ext.P2), referred to by the petitioner is extracted hereunder:
"Government of Kerala Summary Home Department - Police Department - Order is hereby issued permitting to open Police Control Rooms in Payyannur in Kannur District and Tanur in Malappuram District .............................................................................................................. .
Home Department (E) G.O.(H)No.103/2018/Home Thiruvananthapuram Date: 19-06-2018 ..............................................................................................................
Ref: Letter Nos.S1-50666/2017/PHQ dated 02.08.2017 and 18.08.2017, Letter No:S2-127212/2017/PHQ dated 03.08.2017 & Letter No:S2-127693/2017/PHQ dated 04.05.2018 of State Police Chief.
ORDER State Police Chief has requested to obtain permission to start new police control rooms in Ottappalam (Palakkad), Kunnamkulam (Thrissur Rural), Munnar (Idukki), Taliparamba (Kannur), Vatakara (Kozhikode), Payyannur (Kannur), Muvattupuzha (Ernakulam), Tirur W.P(C).35982/2019 6 (Malappuram) vide the referred letters.
Government has examined the matter in detail. Hence order is hereby issued by granting permission to start 2 new police Control Rooms in Payyannur in Kannur District and in Tanur in Malappuram District by creating 40 posts each totalling to 80 (40x2) as per details given below:
Name of the Post Number of posts Circle Inspector 1 Sub Inspector 3 Senior Civil Police Officer 5 Civil Police Officer 20 Lady Civil Police Officer 4 Police Constable (Tele) 2 Driver 5 Total 40 By order of the Governor Subrata Biswas Additional Chief Secretary"
8. Instructions from District Police Chief, Malappuram is, as under:
"As part of constructing a District Control Room in all Districts vide order No.H3/71985/2017 PHQ Thiruvananthapuram, MODERN PUBLIC RESPONSE FACILITATING CENTRE (CONTROL ROOM) TIRUR was sanctioned at Tirur in Malappuram District at Police lane Thekkumuri. As such Construction of the building was completed and started functioning from 4.1.2020 onwards.
It is submitted that on the basis of request submitted by the State Police Chief, Kerala to construct a new control room at Tirur in Malappuram District, the Government ordered Administrative sanction for Tanur control Room by creating W.P(C).35982/2019 7 new posts vide GO(MS)No.103/2018/HOME, dated 19.6.18, at Tanur.
As there is no convenient building at Tanur to start control room Tanur, Control Room at Tanur could not be functioned.
Even though the old building of Tanur Circle Office has been proposed to function the control room, due to lack of facilities and space, the building is not convenient to function the control room.
The newly constructed MODERN PUBLIC RESPONSE FACILITATING CENTRE (CONTROL ROOM) TIRUR has enough space to accommodate strength and facilities. Hence the strength of Tanur Control Room was temporarily shifted to Tirur Control Room and is functioning there. Tanur is very near to Tirur (only 10 Kms) and as and when law and order issues arise there, control room strength will reach there without delay. Now control room vehicles are patrolling within Tanur Police Station limits also in all days and attend law and order issues as and when requires, on 24x7 basis.
An amount of Rs.10 lakhs has been sanctioned for the renovation works of old Circle Office building at Tanur for functioning Control Room at Tanur vide order No.H2.83267/2019/PHQ TVM DATED 20.7.2019. The strength temporarily shifted to Control Room functioning at Tirur will be shifted back to Tanur on completion of the construction of building for Control Room, Tanur. The law and order issues within Tanur Police Station will be attended from Tirur Control Room.
Copy of (1) GO(MS)No.103/2018/HOME dtd.19.06.2018, (2) No.H11/65142/2017/PHQ dtd.04.11.2017, (3) H2- 83267/2019/PHQ dtd.20.07.2019 are attached herewith."
W.P(C).35982/2019 8
9. Thus, as seen from the above, there is no mala fide intention in shifting the strength to Tirur Control Room. It is a temporary arrangement. Due to lack of facilities and space, strength of Tanur Control Room has been shifted. That apart, Mr. Aravindakumar Babu, learned Senior Government Pleader submitted that no sooner the construction of the building for control room at Tanur is completed, strength will be shifted to the said place.
Placing on record the above, instant writ petition is disposed of directing the respondents to complete renovation/construction work within two months from the date of receipt of a copy of this judgment so as to enable the Control Room at Tanur to be functional as intended by the Government, in the order extracted supra.
Sd/-
S. Manikumar, Chief Justice Sd/-
Shaji P. Chaly, Judge sou.
W.P(C).35982/2019 9 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE E-MAIL BEARING NO.D/8677/15 DATED 30/10/2015 ISSUED BY THE REVENUE DIVISIONAL OFFICER, TIRUR ADDRESSED TO DISTRICT COLLECTOR, MALAPPURAM.
EXHIBIT P2 THE GOVERNMENT ORDER BEARING NUMBER G.O.NO.103/2018/HOME/DATED 19/06/2018 ISSUED BY ADDITIONAL CHIEF SECRETARY, HOME AFFAIRS, THIRUVANANTHAPURAM.