SHAHUL NAZAR @ HAMEED NAZAR v. DEPUTY SUPERINTENDENT OF POLICE, PUNALUR CIRCLE; INSPECTOR OF POLICE & STATION HOUSE OFFICER, PATHANAPURAM POLICE STATION; RAHIM A.; ABDUL RAHIMAN; ADDL.R5 & ADDL.R6 (impleaded) DISTRICT OFFICER, GROUND WATER DEPARTMENT, THEVALLY P.O., KOLLAM; SECRETARY, PATHANAPURAM GRAMA PANCHAYAT

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942** ## **WP(C).No.4730 OF 2021(M)** ## **PETITIONER :** **SHAHUL NAZAR @ HAMEED NAZAR AGED 39 YEARS S/O.SHAHUL HAMEED RAWTHER, KARIMPALLOOR HOUSE, PATHANAPURAM P.O., KOLLAM DISTRICT, REPRESENTED BY HIS AUTHORIZED POWER OF ATTORNEY ABDUL KAREEM, PADINJATTINKARA PUTHEN VEEDU, KARIMPALLOOR, PATHANAPURAM P.O., KOLLAM DISTRICT-689 695.** **BY ADVS. SRI.P.A.MOHAMMED SHAH SRI.C.R.SYAMKUMAR SHRI.MUNAS K.P SHRI.MUHAMMED JANAISE V. SRI.K.ARJUN VENUGOPAL SHRI.ASWIN KUMAR M J SMT.HELEN P.A. SHRI.ARUN ROY SRI.SHAHIR SHOWKATH ALI** ## **RESPONDENTS:** |**1**|**DEPUTY SUPERINTENDENT OF POLICE**| |---|---| ||**PUNALUR CIRCLE, PUNALUR P.O.,**| ||**KOLLAM DISTRICT-691 305.**| |**2**|**INSPECTOR OF POLICE & STATION HOUSE OFFICER,**| ||**PATHANAPURAM POLICE STATION, PATHANAPURAM**| ||**P.O., KOLLAM DISTRICT-689 695.**| |**3**|**RAHIM.A.,**| ||**DARUL FIRDOUSE, CHELAKKODE, NADUKKUNNU**| ||**SOUTH, PATHANAPURAM-689 695.**| -2- ## WP(C).No.4730 OF 2021(M) **4 ABDUL RAHIMAN, AFSAL MANZIL, NADUKUNNU, CHALAKKODE, PATHANAPURAM P.O., PIN-689 695.** ***ADDL.R5 & R6 IMPLEADED** **ADDL.R 5 DISTRICT OFFICER, DISTRICT OFFICER'S OFFICE, GROUND WATER DEPARTMENT, THEVALLY P.O., KOLLAM DISTRICT – 691 009. ADDL.R 6 SECRETARY, PATHANAPURAM GRAMA PANCHAYAT PATHANAPURAM (P.O), KOLLAM DISTRICT - 689 695** **ADDL.R5 AND R6 IMPLEADED VIDE ORDER DATED 02.03.2021 IN I.A.NO.1/2021 IN WP(C)NO.4730 OF 2021** **R6 BY ADV. SRI.V.PHILIP MATHEW R1, 2 & 5 BY SRI.SUNILNATH N B, GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -3- WP(C).No.4730 OF 2021(M) ## **JUDGMENT** The petitioner, who is stated to be the owner in possession of 1.81 Ares of property situated in Survey No.511/3 of Pathanapuram Village, covered by Ext.P2 possession certificate dated 19.09.2018 issued by the Village Officer, Pathanapuram, has obtained Ext.P3 permission dated 15.01.2021 from the additional 5[th] respondent District Officer, Ground Water Department, Kollam to dig a 'tube well' in the said property. The petitioner has also obtained Ext.P4 site approval and building permit dated 09.02.2021, for the said purpose, from additional 6[th] respondent Secretary, Pathanapuram Grama Panchayat. The grievance of the petitioner is that when he made initial steps to dig tube well in the property in question, on the strength of Exts.P3 and P4, the same was objected to by respondents 3 and 4 and their supporters. In such circumstances, the petitioner filed Ext.P5 complaint dated 12.02.2021 before the 2[nd] respondent Station House Officer, Pathanapuram, which was acknowledged vide Ext.P6 receipt dated 12.02.2021. Thereafter, the petitioner has filed this writ petition, under Article 226 of the Constitution of India, seeking a writ of mandamus -4- ## WP(C).No.4730 OF 2021(M) commanding respondents 1 and 2 to grant adequate police protection to the life and property of the petitioner and his workers to construct 'bore well' [sic : tube well] as permitted in Exts.P3 and P4, in the property covered under Ext.P2, from the attack of respondents 3 and 4, their men and agents or anybody claiming under them. The petitioner has also sought for a direction to respondents 1 and 2 to initiate appropriate action against respondents 3 and 4, their men and agents or anybody claiming under them. 2. On 24.02.2021, when this writ petition came up for admission, the petitioner was directed to file an application to implead Pathanapuram Grama Panchayath, represented by its Secretary, and also the concerned officer in the Ground Water Department. 3. On 02.03.2021, this Court allowed I.A.No.1 of 2021 filed by the petitioner, whereby additional respondents 5 and 6 were impleaded. The learned Government Pleader took notice on admission for respondents 1, 2 and additional 5[th] respondent. Urgent notice on admission by special messenger was ordered to respondents 3, 4 and additional 6[th] respondent. -5- WP(C).No.4730 OF 2021(M) 4. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1, 2 and additional 5[th] respondent and also the learned counsel for the additional 6[th] respondent Grama Panchayat. Despite service of notice, none appears for respondents 3 and 4. 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 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 -6- ## WP(C).No.4730 OF 2021(M) 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 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 -7- ## WP(C).No.4730 OF 2021(M) 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 Government Pleader, on instructions from the additional 5[th] respondent District Officer, Ground Water Department, would submit that the petitioner has obtained Ext.P3 permission to dig 'tube well' in his property subject to the conditions stipulated therein, and such permission was granted after ascertaining that digging of 'tube well' will not affect the water sources in the locality. 9. The learned counsel for the 6[th] respondent Grama Panchayat would submit that Ext.P4 site approval and building permit granted by the Panchayat on 09.02.2021 is still in force. 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 2[nd] respondent shall take necessary steps to ensure that there is no threat to law and order in -8- WP(C).No.4730 OF 2021(M) the locality, at the instance of respondents 3 and - 4 or their supporters, in connection with the digging of 'tube well' in the property of the petitioner, strictly in terms of the permission granted in Exts.P3 and P4. - (ii) In case there is any threat to the life of the petitioner or the workers engaged by him, from the side of respondents 3 and 4 or their supporters, the petitioner shall move the 2[nd] 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 2[nd] 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/9/3 -9- WP(C).No.4730 OF 2021(M) ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 THE TRUE COPY OF THE POWER ATTORNEY DATED 27.11.2020.** **EXHIBIT P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR OF THE PETITIONER DATED 19.09.2018.** **EXHIBIT P3 THE TRUE COPY OF THE PERMIT GRANTED BY THE DISTRICT OFFICER GROUND WATER DEPARTMENT, KOLLAM DATED 15.01.2021.** **EXHIBIT P4 THE TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED BY THE SECRETARY PATHANAPURAM GRAMA PANCHAYATH DATED 09.02.2021.** **EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.02.2021.** **EXHIBIT P6** **THE TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 12.02.2021.**