Kerala High Court
Cochin Shipyard Staff Co-Operative ... vs Commissioner Of Police
Author: A.M.Shaffique
Bench: A.M.Shaffique
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
FRIDAY, THE 31ST DAY OF OCTOBER 2014/9TH KARTHIKA, 1936
WP(C).No. 22136 of 2014 (N)
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PETITIONER(S)/PETITIONER:
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COCHIN SHIPYARD STAFF CO-OPERATIVE HOUSE
CONSTRUCTION SOCIETY E.NO.346 LTD
REPRESENTED BY ITS SECRETARY MR.JABEER.K.A.
BY ADVS.SRI.C.S.AJITH PRAKASH
SRI.PAUL C THOMAS
RESPONDENT(S)/RESPONDENTS:
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1. COMMISSIONER OF POLICE
OFFICE OF THE COMMISSIONER OF POLICE, KOCHI-682031.
2. CIRCLE INSPECTOR OF POLICE,
THRIPUNITHURA, ERNAKULAM-683001.
3. SUB INSPECTOR OF POLICE,
MARADU POLICE STATION, MARADU.P.O, ERNAKULAM-682304.
4. K.T.MATHEW,
KIZHAVANA HOUSE, VII/583 A, VIKAS NAGAR
KUNDANNOOR, MARADU.P.O, MARADU
PIN-682304.
5. K.SUKUMARAN,
SOUPARNIKA, II/733, VIKAS NAGAR
KUNDANNOOR, MARADU.P.O, MARADU
PIN-682304.
6. PAUL SUDHAKAR PAVITHRAM,
X/543, VIKAS NAGAR, KUNDANNOOR
MARADU.P.O, MARADU, PIN-682304.
R4 -R 6 BY ADV. SRI.A.BALAGOPALAN
R4 -R 6 BY ADV. SRI.A.RAJAGOPALAN
R1 TO R3 BY GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22136 of 2014 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 COPY OF THE BYE-LAW OF THE PETITIONER SOCIETY
EXT.P2 COPY OF THE SALE DEED NO.4128/2003 OF MARADU S.R.O.
EXT.P2(A) COPY OF THE ENGLISH TRANSLATION OF SALE DEED NO.4128/2003
OF MARADU S.R.O.
EXT.P3 COPY OF THE ORDER DATED 21.06.2014 IN I.A.3094 OF 2014 IN
O.S.492 OF 2014 PASSED BY THE II ADDL.MUNSIFF COURT,ERNAKULAM
EXT.P4 COPY OF THE JUDGMENT DATED 28.08.2010 IN A.P.61 OF 2008
PASSED BY THE KERALA CO-OPERATIVE TRIBUNAL,THIRUVANANTHAPURAM
EXT.P5 COPY OF THE JUDGMENT IN O.S.252/2007 DATED 29.07.2011
EXT.P6 COPY OF THE TENDER NOTICE DATED 16-07-2014
EXT.P6(A) COPY OF THE ENGLISH TRANSLATIOIN OF THE TENDER NOTICE
DATED 16-076-2014
EXT.P7 COPY OF THE WORK ORDER DATED 29-07-2014 ISSUED TO THE M/S
STAR MARINE BY THE PETITIONER
EXT.P7(A) COPY OF THE ENGLISH TRANSLATION OF THE WORK ORDER DATED
29-07-2014.
EXT.P8 COPY OF THE ORDER DATED 02-07-2014 ISSUED BY THE JOINT
REGISTRAR GENERAL OF THE CO-OPERATIVE SOCIETY
EXT.P8(A) COPY OF THE ENGLISH TRANSLATION OF THE ORDER DATED
02.07.2014 ISSUED BY THE JOINT REGISTRAR GENERAL OF 3RD RESPONDENT
EXT.P9 COPY OF THE COMPLAINT DATED NIL FILED BEFORE THE 3RD
RESPONDENT
EXT.P10 COPY OF THE RECEIPT DATED 07.08.2014 ISSUED BY THE MARADU
POLICE STATION
EXT.P11 COPY OF THE NATURE OF WORKS CARRED OUT BY TGHE PARTY
RESPONDENT IN THE SAID PROPERTY ON 18-08-2014.
EXHIBIT P12: COPY OF I.A.NO.6874/2014 IN O.S.NO.492/14 FILED BEFORE
THE 3RD MUNSIFF COURT, ERNAKULAM.
EXT.P13: COPY OF OBJECTION FILED ON 25.9.2014 IN I.A.NO.6874/2014 IN
O.S.NO.492/14 FILED BEFORE THE 3RD MUNSIFF COURT ERNAKULAM.
EXHIBIT P14: COPY OF I.A.NO.6660/2014 IN O.S.NO.492/14 FILED BEFORE
THE 3RD MUNSIFF COURT, ERNAKULAM.
WP(C).No. 22136 of 2014 (N)
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-2-
RESPONDENT(S)' EXHIBITS
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EXHIBIT R4(a): COPY OF CIRCULAR ISSUED BY THE PETITIONER SOCIETY WITH
RESPECT TO THE VIKAS NAGAR HOUSING SCHEME.
EXHIBIT R4(b): COPY OF CIRCULAR ISSUED BY THE PETITIONER SOCIETY
DATED 26.4.1982.
EXHIBIT R4(c): COPY OF CIRCULAR ISSUED BY THE PETITIONER SOCIETY
DATED 23.2.1983 ASKING THE ALLOTTEES TO PAY FILLING CHARGES.
EXHIBIT R4(d): COPY OF CIRCULAR NO.CHS/220/85 DATED 20.2.1985 ISSUED
BY THE PETITIONER SOCIETY.
EXHIBIT R4(e): COPY OF THE SCHEME PLAN.
EXHIBIT R4(f): COPY OF LETTER NO.CHS/130/85 DATED 19.3.1985 ISSUED TO
THE RESPONDENTS.
EXHIBIT R4(g): COPY OF O.S.No.492/2014 FILED BY THE PETITIONER
SOCIETY.
EXHIBIT R4(h): COPY OF COUNTER AFFIDAVIT FILED BY US IN
I.A.NO.3094/2014.
EXHIBIT R4(i): COPY OF COMPLAINT SUBMITTED BY THE VIKAS NAGAR
RESIDENTS WELFARE ASSOCIATION BEFORE THE 3RD RESPONDENT DATED
4.8.2014 & TRANSLATION.
EXHIBIT R4(j): COPY OF COMPLAINT SUBMITTED BY THE PETITIONER SOCIETY
DATED 8.2.2010 BEFORE THE REGITRAR OF CO-OPERATIVE SOCIETIES.
EXHIBIT R4(k): COPY OF JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP
(C).24034/2010 DATED 14.3.2014.
/TRUE COPY/
PS TO JUDGE
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J
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W.P(C).No. 22136 of 2014
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Dated this the 31st October, 2014
JUDGMENT
Shaffique, J.
This Writ Petition is filed by a Co-operative Society seeking for police protection for construction of certain works awarded to M/s.Star Marine.
2. The facts involved in the above Writ Petition would disclose that the petitioner Society was formed by the members of the employees of the Cochin Shipyard Limited. They acquired certain item of land and initial allotment was made in the name of the employees of the Cochin Shipyard, who were members of the Society as well. Subsequently, the properties were assigned by the members and various other allotments were also made. It is contended by learned counsel for the petitioner that in respect of certain area, which is not kept as common, the Society is entitled to construct a compound wall to enclose it and therefore, the party respondents have no WP(C).22136/14 2 right to obstruct such construction. It is also contended by the learned counsel that the judgments produced before this Court would indicate that the party respondents cannot object to their right over the said land.
3. The above fact is objected by the party respondents. They have filed a counter affidavit inter alia submitting that the area in question is to be utilised as a common area for the entire allottees. The area kept is to be utilised as a park or recreation space. The said area cannot be utilised by the Society for making any other construction.
4. Having regard to the fact that there is dispute between the petitioner and the party respondents, who are allottees of the land, we think that this is essentially a dispute regarding usage and possession in respect of a property. Disputed questions of fact cannot be decided by this Court and for that reason, we cannot direct the police to interfere with the same. It shall be open for the petitioner to approach the Civil Court and seek for necessary orders.
WP(C).22136/14 3 In such circumstances, relegating the petitioner to approach the Civil Court, this Writ Petition is closed.
ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs4/11/14