NSS Karayogam (1676), Vadayampady v. The Superintendent of Police, Ernakulam (Rural) & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE ASHOK MENON** **THURSDAY, THE 12TH DAY OF APRIL 2018 / 22ND CHAITHRA, 1940** **W.P(C).No. 13228 of 2018-C** ## **PETITIONER(S):** **THE NSS KARAYOGAM (1676), VADAYAMPADY, REPRESENTED BY ITS SECRETARY M.S ANIL KUMAR, VADAYAMPADY, KUNNATHNADU TALUK, ERNAKULAM DISTRICT.** **BY ADVS.SRI.K.JAYAKUMAR (SR.) SRI.R.PARTHASARATHY SMT.SEEMA** ## **RESPONDENT(S):** **1. THE SUPERINTEND OF POLICE, ERNAKULAM (RURAL), OFFICE OF THE SUPERINTEND OF POLICE, ALUVA - 683 101.** **2. THE DEPUTY SUPERINTEND OF POLICE, MUVATUPUZHA , ERNAKULAM DISTRICT, PIN - 686 661.** **3. THE CIRCLE INSPECTOR OF POLICE, PUTHENCRUZ, ERNAKULAM DISTRICT, PIN - 682 308.** **4. THE SUB INSPECTOR OF POLICE, PUTHENCRUZ, ERNAKULAM DISTRICT, PIN - 682 308.** **5. THE DISTRICT COLLECTOR, ERNAKULAM, ERNAKULAM COLLECTORATE, CIVIL STATION, KOCHI - 682 030.** **6. AYAPPANKUTTY, AGED 50 YEARS, S/O. PALLIYAN, MANDOTHIKUDI HOUSE, VADAYAMBADY, PUTHENCRUZ,** - **ERNAKULAM DISTRICT, PIN - 682 308.** **7. ARUN CHELLAPPAN, S/O. CHELLAPPAN, VALIYAPARAKKAL, VADAYAMPADY, ERNAKULAM DISTRICT, PIN - 682 308.** **8. NARAYANANKUTTY P.K., S/O. KOCHUKANNAN, POOTHETHU, VADAYAMPADY, ERNAKULAM DISTRICT, PIN - 682 308.** **9. JOHNSON KURIAKOSE, S/O. KURIAKO, ARAKKAL, PANKODE P.O, ERNAKULAM DISTRICT, PIN - 682 308.** **10. JOY PAVEL, VETTUVAZHIPUTHANPURA, PANKODE P.O, PUTHANCRUZ, ERNAKULAM DISTRICT, PIN - 682 308.** **R1 TO R5 BY SENIOR GOVERNMENT PLEADER SRI.P.P.THAJUDEEN.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-** **WP(C).No.13228 of 2018 (C)** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** - **EXHIBIT P1 TRUE COPY OF THE ORDER GRANTING SANCTION FOR ASSIGNMENT DATED 20-3-1981.** - **EXHIBIT P2 TRUE COPY OF THE PATTA ISSUED BY THE GOVERNMENT.** - **EXHIBIT P3 A SKETCH SHOWING LIE OF THE LAND ISSUED BY THE VILLAGE OFFICER, AIKKARANADU NORTH.** - **EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY AIYKARANADU NORTH VILLAGE OFFICE DATED 29-11-2016.** - **EXHIBIT P5 TRUE COPY OF THE TAX RECEIPT FOR PAYMENT OF LAND TAX.** - **EXHIBIT P6 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, PUTHENCRUZ DATED 19-11-2016.** - **EXHIBIT P7 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE AIKKARANA GRAMA PANCHAYATH DATED 5-1-2017.** - **EXHIBIT P8 TRUE COPY OF THE ORDER PASSED BY THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA DATED 28-1-2017.** - **EXHIBIT P9 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE, PUTHENCRUZ DATED 18-1-2017.** - **EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN W.P(C) 2646/2017.** - **EXHIBIT P11 TRUE COPY OF THE PHOTOGRAPHS OF THE DEMOLITION OF THE COMPOUND WALL.** - **EXHIBIT P12 TRUE COPY OF THE FIR REGISTERED IN CRIME NO.705/2017 REGISTERED BY PUTHANCRUZ POLICE.** - **EXHIBIT P13 TRUE COPY OF THE INTERIM INJUNCTION ORDER DATED 3-5-2017.** - **EXHIBIT P14 TRUE COPY OF THE ORDER PASSED IN I.A 143/2017 IN OS.29/2017 BY MUNSIFF COURT KOLANCHERY DATED 29-11-2017.** - **EXHIBIT P15 TRUE COPY OF THE FIR IN CRIME NO 1576/2017 DATED 5-9-2017.** - **EXHIBIT P16 TRUE COPY OF THE NOTICE PUBLISHED BY THE "DALIT BU AVAKASHA SAMARA MUNNANI" DATED 12-3-2018.** - **EXHIBIT P17 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE, PUTHANCRUZU DATED 9.4.2018.** - **EXHIBIT P18 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DISTRICT COLLECTOR ON 7.4.2018.** **RESPONDENT'S EXHIBITS:NIL.** **Vku/-** **[ true copy ]** **EXHIBIT P17 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE PUTHANCRUZ DATED 9-4-2018.** **EXHIBIT P18 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DISTRICT COLLECTOR ON 7-4-2018.** ## K. Vinod Chandran & Ashok Menon, JJ. ------------------------------------------------------- W.P(C) No.13228 of 2018-C ------------------------------------------------------Dated, this the 12[th] day of April, 2018 ## **JUDGMENT** ## Vinod Chandran, J: The petitioner is before this Court seeking police protection and maintenance of law and order insofar as the explicit threats made as per Exhibit P16 by a 'Samara Samithy' against the petitioner, whose attempt to enjoy the property, assigned to the temple run by the petitioner, is met with physical obstruction, by the party respondents. 2. The petitioner has produced Exhibit P1, which is an order, of assignment of land, lying contiguously to the temple property. The Patta is produced as Exhibit P2 and Exhibit P3 is the location sketch. Exhibit P4 is the Possession Certificate and Exhibit P5 the land tax receipt. The petitioner attempted to construct a compound wall enclosing as one the properties so assigned and that of the temple. The residents of the locality, however, objected to the same alleging that the property was being used as a play ground. - 2 - WP(C) No.13228 of 2018 3. The residents physically obstructed the construction of the wall and the party respondents also filed a complaint before the Revenue Divisional Officer [RDO] alleging that illegal encroachment into Government land is attempted by the petitioner. 4. The RDO, by Exhibit P8, passed an order finding the petitioner's right over the property and also temporarily allowed the construction of the compound wall. The petitioner was also before this Court with a writ petition when the work commenced in pursuance of the order of the RDO, was obstructed by the resident-public. This Court granted police protection especially in the wake of the submission of the party respondents that there would be no obstruction caused. The construction was made; but, however, the same was demolished is the allegation made by the petitioner. The petitioner has also registered a complaint, which has been taken on file as Crime No.705/2017, the FIR of which is produced as Exhibit P12. 5. The petitioner then approached the Civil Court against the party respondents and obtained an injunction order by Exhibit P13, which has been subsequently made absolute as per Exhibit P14. The illegalities continued and the petitioner has also - 3 - WP(C) No.13228 of 2018 approached the Civil Court for violation of injunction. There is also a further Crime registered, as Crime No.1576 of 2017; the FIR of which is produced as Exhibit P15. Now the 'Samara Samithy' constituted of the resident-locals have published Exhibit P16 notice, wherein there is an attempt to take out a procession and carry out dharna in the said property before the temple. Exhibits P17 and P18 complaints have been made to the Circle Inspector of Police having jurisdiction over the area and the District Collector, the head of the district administration. The learned Senior Counsel submits that there is imminent threat of destruction of the foundation of the compound wall as also indiscriminate violence in the property, if the procession and dharna notified are carried out. The learned Senior Counsel also relies on the decision of this Court in _**M/s.Harrisons Malayalam Ltd. v. State of Kerala**_ **[2007 (4) KLT 540].** 6. **2007 (4) KLT 540** emphasized the guarantee of freedom of speech and expression and the right to assemble peacefully; but, however, expressed a compelling reservation insofar as the protesters taking law into their hands. The learned Judges of the Division Bench also specifically highlighted the duties of the police in the light of the provisions of the Code of Criminal - 4 - WP(C) No.13228 of 2018 Procedure, 1973 and the Kerala Police Act, 1960 to maintain law and order and to avert breach of peace when there is a large group of persons, having no semblance of right over a property, attempt to encroach into it and commit mischief. 7. In the present case, on going through the notice at Exhibit P16 issued by the party respondents, we do not see any threats levelled. A procession and a dharna is scheduled, for coercing the Government into cancelling the Patta. 8. We also notice that the petitioner has already approached the Civil Court and obtained an injunction as per Exhibit P14. The injunction is insofar as restraining the party respondents from (i) causing damages to the remaining portion of the compound wall, from (ii) causing hindrance to the petitioner from constructing the compound wall, fencing, gate, etc. as also (iii) causing hindrance to the possession of the petitioner over the property. For violation of any of the said orders, the petitioner is entitled to move the Civil Court and even seek for police protection, which the Civil Court is entitled to grant even on an apprehension raised of such a threat of violation, subject only to the apprehension being a reasonable one. As far as the fear of the petitioner of the procession - 5 - WP(C) No.13228 of 2018 and the dharna turning violent, we have to notice that **2007 (4) KLT 540** has clearly underlined the duty of the police in maintaining law and order, to ensure that no breach of peace is occasioned. In the above circumstances, we are of the opinion that the writ petition can be closed, directing the District Collector and the District Police Chief to ensure that law and order is maintained. The petitioner is also left with liberty to approach the Civil Court for appropriate orders. It is so ordered. Sd/- K.Vinod Chandran Judge Sd/Ashok Menon Judge vku/- ( true copy )