Nimmy Francis v. Station House Officer, Chengamanadu Police Station, Ernakulam District; Village Officer, Village Office, Puthenvelikkara; KunNukara Grama Panchayath represented by its Secretary; Shamsudheen S/O Abdulkunju

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943** ## **WP(C).No.3834 OF 2021(D)** ## **PETITIONER :** **NIMMY FRANCIS AGED 45 YEARS W/O.FRANCIS, THARAYIL HOUSE, NORTH KUTHIYATHODU, ERNAKULAM DISTRICT.** **BY ADV. SHRI.GEORGE SEBASTIAN** ## **RESPONDENTS:** - **1 THE STATION HOUSE OFFICER CHENGAMANADU POLICE STATION, ERNAKULAM DISTRICT PIN** - **2 THE VILLAGE OFFICER VILLAGE OFFICE, PUTHENVELIKKARA, ERNAKULAM PIN 683 594** - **3 THE KUNNUKARA GRAMA PANCHAYATH REP.BY ITS SECRETARY, KUNNUKARA, ERNAKULAM DISTRICT, PIN 683 578** - **4 SHAMSUDHEEN** **S/O.ABDUKUNJU, KONNAMVEETTIL HOUSE, CHALAKKA, KUTHIYATHODU P.O., PUTHENVELIKKARA VILLAGE, ERNAKULAM DISTRICT PIN 683 512** **R1-2 BY GOVERNMENT PLEADER SRI SUNIL NATH N.B R3 BY ADV. SRI.ANOOP.V.NAIR** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -2- WP(C).No.3834 OF 2021(D) ## **JUDGMENT** The petitioner is stated to be the owner in possession of 84.17 Ares of property comprised in Survey Nos.88/2 and 89/1-2-8 of Puthenvelikkara Village in North Paravur Taluk, covered by Ext.P1 tax receipt dated 25.04.2017. In respect of the said property, the petitioner has obtained Ext.P3 order dated 09.09.2020 of the District Collector, Ernakulam under Clause 6(2) of the Kerala Land Utilisation Order, 1967 for conversion. Pursuant to the directions contained in Ext.P4 judgment of this Court dated 13.10.2020 in W.P.(C)No.21380 of 2020, the Tahasildar (Land Records), North Paravur directed the concerned Taluk Surveyor to carry out subdivision in Revenue Records in order to change the classification of land as 'dry land' in the basic tax register. The document marked as Ext.P6 is a building permit obtained by the petitioner for constructing a commercial building, which is one obtained prior to the issuance of Ext.P3 order of the District Collector dated 09.09.2020, which was taken note of in the said order. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of -3- WP(C).No.3834 OF 2021(D) mandamus commanding the 1[st] respondent Station House Officer to afford sufficient protection to the petitioner for carrying out construction in terms of Ext.P6 building permit, from any threat from the side of the 4[th] respondent and his men. The petitioner has also sought for an order directing the 1[st] respondent Station House Officer, Chengamanadu Police Station to take immediate action on Ext.P7 representation dated 04.02.2021. In the writ petition, it is alleged that the 4[th] respondent, who is residing 3km away from the petitioner's property is causing obstruction to the construction undertaken by the petitioner on the strength of Ext.P6 building permit. Regarding an incident occurred on 04.02.2021, the petitioner submitted Ext.P7 complaint before the 1[st] respondent Station House Officer and thereafter, moved this writ petition before this Court seeking the aforesaid reliefs. 2. On 15.02.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 and 2 and the learned Standing Counsel took notice on admission for the 3[rd] respondent. This Court issued urgent notice on admission by speed post to the -4- ## WP(C).No.3834 OF 2021(D) 4[th] respondent returnable within two weeks. The learned Government Pleader and also the learned Standing Counsel were directed to get instructions. Having considered the averments in the writ petition and also the submissions made by the learned counsel on both sides, this Court granted an interim order directing the 1[st] respondent Station House Officer to take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of the 4[th] respondent. 3. 4. A statement has been filed by the 1[st] respondent Station House Officer. Paragraphs 5 and 6 of the said statement read thus; “5. In the outset it is submitted that after the receipt of Exhibit P7 on 4-2-2021, which was registered as IAPS No.19865/2021, an enquiry in the subject matter was conducted. Petitioner's husband who was present in the police station on 13-02-2021 had given a statement with respect to the above subject mater, and a crime was registered as Crime No.73/2021 U/S 447, 294(b), 506 & 34 in Chengamanad Police Station on the same day against the 4[th] respondent and his men. The case is now under investigation and as the accused eloped from the scene could not be arrested. After WP(C).No.3834 OF 2021(D) -5- completing the investigation, the report will be submitted before the Magistrate's Court. 6. It is submitted that on verification of the antecedent of the 4[th] respondent, it came to know that, he was arrayed as the sole accused in Crime No.960/2016 U/S 447, 506(1) IPC of Chengamanadu Police Station, and the case has been under trial before the Hon'ble JFCM, Court-I, Aluva as CC No.1502/16.” 4. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 and 2 and also the learned Standing Counsel for the 3[rd] respondent Grama Panchayath. Despite service of notice, none appears for the 4[th] respondent. 5. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws -6- ## WP(C).No.3834 OF 2021(D) enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law. 6. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, welltrained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must -7- ## WP(C).No.3834 OF 2021(D) obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants." 7. In **Manohar Lal Sharma v. Principal Secretary** **[(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . 8. The learned counsel for the petitioner would submit that after the interim order of this Court dated 15.02.2021, the 1[st] respondent Station House Officer has taken necessary steps to ensure that there is no threat to law and order in the locality, at the instance of the 4[th] respondent and his men. 9. 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 issues in the locality. In connection with the incident that occurred on 13.02.2021, -8- ## WP(C).No.3834 OF 2021(D) the police has registered a crime against the 4[th] respondent as Crime No.73/2021 of Chengamanadu Police Station, which is under investigation. 10. The learned Standing Counsel for the 3[rd] respondent Grama Panchayath would submit that the Secretary of the Grama Panchayat has issued Ext.P6 building permit to the petitioner. 11. Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions; - (i) The 1[st] respondent Station House Officer shall take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of the 4[th] respondent or his men, in connection with any construction undertaken by the petitioner in the property in question, after obtaining change of classification of the land as 'dry land' in the basic tax register, on the strength of any valid building permit granted by the Secretary of the 3[rd] respondent Grama Panchayat. - (ii) In case there is any threat to law and order in the locality, in connection with any such construction undertaken by the petitioner, after obtaining -9- WP(C).No.3834 OF 2021(D) change of classification of the land as 'dry land', on the basis of any valid building permit granted by the Secretary of the 3[rd] respondent Grama Panchayat, the petitioner shall move the 1[st] respondent Station House Officer with a request for Police protection. (iii) In case any such request for Police protection is made by the petitioner, the 1[st] respondent shall take necessary action on that request, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. No order as to costs. Sd/- ## **ANIL K.NARENDRAN, JUDGE** AV/25/3 -10- WP(C).No.3834 OF 2021(D) ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1** **A TRUE COPY OF THE BASIC TAX RECEIPT ISSUED FROM PUTHENVELIKKARA VILLAGE OFFICE DATED 25.4.2017.** - **EXHIBIT P2** - **A TRUE COPY OF THE APPLICATION DATED 4.7.2015 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.** - **EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 9.9.2020 PASSED BY THE DISTRICT COLLECTOR, ERNAKULAM.** - **EXHIBIT P4 A TRUE COPY OF THE JUDGMENT DATED 13.10.2020 IN W.P.(C).NO.21380/2020** - **EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 28.12.2020 PASSED BY THE TAHSILDAR (LAND RECORDS), NORTH PARAVUR.** - **EXHIBIT P6** - **A TRUE COPY OF THE BUILDING PERMIT DATED 23.10.2014 ISSUED BY THE SECRETARY OF THE 3RD RESPONDENT GRAMA PANCHAYATH.** - **EXHIBIT P7** - **A TRUE COPY OF THE REPRESENTATION DATED 4.2.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH ITS RECEIPT.** - **EXHIBIT P8** **A TRUE COPY OF THE JUDGMENT IN W.P. (C).NO.26929/2016 DATED 29.8.2016.**