S. Ramanakumar v. District Police Chief (Rural), Thiruvananthapuram District and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942** ## **WP(C).No.25140 OF 2020(N)** ## **PETITIONER/S:** **S.RAMANAKUMAR, AGED 73 YEARS S/O. SIVANANDAN, VAYALIL VEEDU, THAZHE VETTOOR, VARKALA NOW RESIDING AT ADHITHYA PRABHA, KRA -D4, T.C. 4/224, MARKET JUNCTION, KURAVANKONAM, KAUDIAR, THIRUVANANTHAPURAM DISTRICT - 695003.** **BY ADVS. SRI.B.S.SIVAJI SRI.V.R.SWAMINATHAN SMT.DHANYA SREENIVASAN** ## **RESPONDENT/S:** **1 THE DISTRICT POLICE CHIEF (RURAL) THIRUVANANTHAPURAM DISTRICT, PIN - 695033. 2 THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101. 3 THE STATION HOUSE OFFICER, VENJARAMMOODU POLICE STATION, VENJARAMMOODU, THIRUVANANTHAPURAM. 4 THE NELLAD GRAMA PANCHAYATH VENJARAMOOD P O, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN - 695607. 5 RAJESH, HOUSE NO.10, MARIYAM COLONY, VETTUVILAKAM, NELLAD GRAMA PANCHAYAT, THIRUVANANTHAPURAM, PIN - 695607. R1-3 BY GOVERNMENT PLEADER** ## **OTHER PRESENT:** **SRI SUNIL NATH N.B- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -2- W.P.(C). No. 25140 of 2020 ## **JUDGMENT** The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 3 to give adequate police protection to the life of the petitioner and his family. The petitioner has also sought for a writ of mandamus commanding the 3[rd] respondent to take action against the 5[th] respondent, on the basis of Ext.P3 complaint. Going by the averments in the writ petition, the petitioner is in absolute ownership and possession of 18 Are 85 sqm of property in Sy.No.486/11 of Nellad Village in Nedumangadu Taluk covered by sale deed bearing No.2102 of 1993 of the Sub Registrar Office, Vamanapuram. The petitioner is also having properties in Sy.No.486/2, 486/9 and 494/7. The document marked as Ext.P1 is the land tax receipt in respect of the said properties. The petitioner and his wife are also having property in Sy.No.487/13, 486/3 and 486/4 of Nellad Village, having a total extent of 257.15 Ares. The petitioner's wife submitted application for building permit before the 4[th] respondent -3- W.P.(C). No. 25140 of 2020 Nellad Grama Panchayat for the construction of a residential building with a compound wall. The document marked as Ext.P2 is the building permit dated 25.10.2019 issued by the 4[th] respondent, which is valid upto 27.11.2022. In the writ petition, it is alleged that the petitioner constructed compound wall for the entire land, except the land in Sy.No.486/11. When the petitioner started the construction of compound wall in Sy.No.486/11, the 5[th] respondent along with others, prevented the construction on the southern side of the property in that survey number. On 27.10.2020 and thereafter on 05.11.2020, the 5[th] respondent and others trespassed into the property and obstructed the construction of compound wall. Therefore, the petitioner submitted Ext.P5 complaint dated 09.11.2020 before the 3[rd] respondent Station House Officer, seeking police protection to the life and property of the petitioner and the members of his family. 2. On 17.11.2020, when this writ petition came up for admission, notice before admission was ordered to respondents. The learned Government Pleader took notice for -4- W.P.(C). No. 25140 of 2020 respondents 1 to 3. The learned Standing Counsel took notice for the 4[th] respondent. Urgent notice by speed post was ordered to the 5[th] respondent. Having regard to the submissions advanced, this Court directed the 3[rd] respondent Station House Officer to ensure that law and order is maintained. 3. Along with a memo filed by the learned Government Pleader dated 21.1.2021, the report of the 3[rd] respondent Station House Officer is placed on record; paragraphs 2 and 3 of that statement read thus: “The gist of the petition is that the petitioner of the said WPC Sri.S.Ramanakumar, age 73, S/o. Sivanandan and his wife having 257 Are 15 Sqm property in survey No.486/2011, 487/2013, 486/3, 486/4 of Nellanadu Village within the jurisdictional limit of Venjaramoodu Police Station. The alleged petition is that the petitioner decided to construct a building therein and they submitted a building plan before the 4[th] respondent for the construction of compound wall and it was sanctioned. The petitioner was started constructing the compound wall, the 5[th] respondent along with some people prevented the construction -5- W.P.(C). No. 25140 of 2020 alleged that some trees standing in the property belongs to them and they threatened that the construction if is continued they will do away the petitioner and workers and they forcefully taken away the tools of the workers. According to the petitioner, he has not violated the building permit or any other law. Under the said circumstances the petitioner had filed a complaint before me (3[rd] respondent), on going through the enquiry the petitioner and the 5[th] respondent were summoned to the Venjaramoodu Police Station and heard their version. Since the matter seems to be civil in nature both the parties were directed to the revenue authorities to clarify the alleged matters and advised them to resurvey the disputed property in the presence if the revenue officials. The petitioner was ensured that adequate police protection will given for the construction if legally prove that he has the absolute possession of the said property.” 4. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for respondents 1 to 3. Despite service of notice, none appears for the 5[th] respondent. 5. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, -6- W.P.(C). No. 25140 of 2020 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 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. -7- W.P.(C). No. 25140 of 2020 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 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** -8- W.P.(C). No. 25140 of 2020 ## **Maharashtra [(2019) 15 SCC 470]** . 8. The petitioner is seeking police protection to his life and that of his family members on account of the threat alleged to have caused by the 5[th] respondent and his supporters, in connection with the construction of compound wall in the property covered by Ext.P1 building permit. As can be seen from the report of the 3[rd] respondent Station House Officer, when the petitioner started the construction of compound wall, the 5[th] respondent along with others prevented the construction alleging that some trees standing in the property belongs to them. The petitioner filed complaint before the 3[rd] respondent Station House Officer, who summoned the petitioner and the 5[th] respondent to the police station. Since it is a civil dispute, both parties were directed to approach revenue authorities and advised them to re-survey the disputed property. 9. The document marked as Ext.P1 is the land tax receipt in respect of the property owned by the petitioner under Tandaper No.9436 as per which 29 Ares and 12 -9- W.P.(C). No. 25140 of 2020 Sq.Meters of land in Sy.No.486/2 and 7 Ares and 85 Sq.Meters in Sy.No.494/7 of Nellad Village are classified as 'nilam' in revenue records. The aforesaid properties in Sy.Nos.486/2 and 494/7 of Nellad Village are included in Ext.P2 building permit. 10. When there is a dispute as to boundary raised at the instance of the 5[th] respondent and others, the petitioner has to approach the competent Civil Court for resolution of that dispute. If it is on account of any mistake in re-survey records, the petitioner has to approach the statutory authorities for correction. In such circumstances, before resolution of such dispute by the competent forum or authority, the petitioner cannot seek police protection for carrying out the construction of compound wall, on the strength of Ext.P2 building permit. However, in case there is any threat to law and order in the locality, at the instance of the 5[th] respondent and his supporters, the petitioner can approach the 3[rd] respondent Station House Officer with a request for police protection, in which event, the said -10- W.P.(C). No. 25140 of 2020 respondent shall consider that request and take an appropriate decision for maintaining law and order in the locality, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. The writ petition is disposed of as above. Sd/- **ANIL K.NARENDRAN JUDGE** das -11- W.P.(C). No. 25140 of 2020 ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT DATED 23.10.2020 ISSUED BY NELLAD VILLAGE. EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 22.11.2019. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 9.11.2020 BEFORE THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE SITE PLAN APPROVED BY THE 4TH RESPONDENT ON 25.10.2019**