Shyla Shaji and Pathrose S. Kannadickal v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V** ## **TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942** ## **WP(C).No.21331 OF 2020(N)** ## **PETITIONERS:** |**1**|**SHYLA SHAJI**| |---|---| ||**AGED 55 YEARS**| ||**W/O. LATE SHAJI THOMAS, KANNADICKAL HOUSE,**| ||**MAKKAPUZHA P.O., CHETHAKKAL VILLAGE, RANNI TALUK,**| ||**PATHANAMTHITTA DISTRICT,PIN-689 676**| |**2**|**PATHROSE S.KANNADICKAL**| ||**AGED 26 YEARS**| ||**S/O. LATE SHAJI THOMAS, KANNADICKAL HOUSE,**| ||**MAKKAPUZHA P.O., CHETHAKKAL VILLAGE, RANNI TALUK,**| ||**PATHANAMTHITTA DISTRICT, PIN-689 676**| **BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001**| |**2**|**DISTRICT COLLECTOR,**| ||**CIVIL STATION, PATHANAMTHITTA, PIN-689 645**| |**3**|**DISTRICT POLICE CHIEF,**| ||**PATHANAMTHITTA, MAKKAMKUNNU,**| ||**PATHANAMTHITTA, PIN-689 645**| |**4**|**CIRCLE INSPECTOR OF POLICE,**| ||**RANNI POLICE STATION,**| ||**PATHANAMTHITTA DIST, PIN-689 672**| |**5**|**ASST.EXECUTIVE ENGINEER,**| ||**PUBLIC WORKS DEPARTMENT (ROADS SUB DIVISION), RANNI,**| ||**PATHANAMTHITTA DIST,PIN-689 672**| |**6**|**SHAJI K.J. @ SHAJI KUNNUMPURATH**| ||**KUNNUMPURATHU HOUSE, EDAMON P.O., RANNI, PIN-689 676**| **WP(C).No.21331 OF 2020** **2** **7 ABRAHAM THOMAS @ ANIL THUNDIYIL, S/O.T.A.THOMAS, THUNDIYIL HOUSE, CHELLAKADU P.O., RANNI TALUK, PIN-689 677 8 DENNI ANSON THOMAS, AGED 37 YEARS S/O. ANSON THOMAS, KANNDICKAL HOUSE, EDAMON P.O., CHETHAKKAL VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT,PIN-689 676 9 RAJI MATHEW, CONTRACTOR, PAMPLANIYIL HOUSE, BHARANANGANAM P.O., KOTTAYAM, PIN-686 578** **R6-8 BY ADVS. SRI.P.HARIDAS SRI.BIJU HARIHARAN SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN SRI.RISHIKESH HARIDAS R9 BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE SHRI.ABI BENNY AREECKAL SMT.LEAH RACHEL NINAN** ## **SRI PP THAJUDEEN, GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.21331 OF 2020** **3** ## **JUDGMENT** The 1st petitioner is the mother of the 2nd petitioner. They, along with the other children of the 1st petitioner, are the co-owners of property having an extent of 1.42 Ares together with a building bearing No.2/494497 therein, situated within the limits of Ranni-Pazhavangadi Village. 2. The petitioners state that their property is situated by the side of the Mannamaruthi-Vechoochira PWD road, which is having a width of 5.5 metres. A section of the people led by the party respondents formed a dubious organization by name ‘Road Vikasana Samithi’ and started a campaign to widen a recently tarred road with width of 5.5 metres to a width of 11 metres. For the purpose of widening the road, they approached the property owners on either sides of the road and demanded that they should surrender portions of their property. When the property owners refused to accede to the demand, threats were made. Being aggrieved, W.P. (C) No.18680/2020 was filed before this Court by certain individuals complaining of compulsory acquisition without complying with the provisions of Act 30 of 2013. This Court by order dated 11.9.2020 interdicted any such acts. **WP(C).No.21331 OF 2020** **4** 3. The petitioners contend that on 26.8.2020, a group of persons numbering about 50 led by the party respondents used earth movers and other heavy machinery and demolished portions of the building owned by the petitioners. By their acts, the petitioners have sustained a loss of about Rs.1 lakh. Though a complaint was lodged before the police, no action was taken. Thereafter on 22.9.2020, the same group of people again unlawfully assembled with weapons and after bursting fire crackers to intimidate the local residents, demolished the boundary walls and gates of various houses and carved out portions of the private property for the purpose of widening the road. The entire incident was recorded on a mobile phone camera and Ext.P11 are the video clippings saved on a pendrive. According to the petitioners, the absolute lawlessness and brutality of the act committed by the party respondents and their henchmen can be seen from the clippings. Certain political leaders, officers of the PWD and the police are alleged to have supported the acts of the miscreants. The petitioners contend that though the police were intimated about the anarchy caused by the mob, they took a passive stand. Much later, two crimes were registered, however, by incorporating minor offences. The main culprits were left out and the offences under the Prevention of Destruction of Public Property Act was not added. The petitioners contend that they are being threatened with physical harm by the respondents and they have been told that unless the **WP(C).No.21331 OF 2020** **5** property is surrounded without any demur, they would take steps to take over the same by force. The petitioners contend that such threats made by the party respondents are illegal and that they cannot be deprived of the property except as per the procedure established by law. 4. It is in the above backdrop, the petitioners are before this Court seeking a direction to respondent Nos.3 and 4 to render adequate and effective protection to the life and property of the petitioners. The petitioners have sought for a direction to the 2nd respondent to consider Ext.P9 complaint and take appropriate action against the errant officers. They have also sought for a direction to the respondents 3 and 4 to initiate stringent action on Ext.P10 submitted by them. 5. The learned Government Pleader has filed a statement for and on behalf of the 4th respondent. It is stated therein that certain persons claiming to be members of the Road Welfare Committee unlawfully assembled on 26.8.2020 and on 27.08.2020 and trespassed into the properties situated in either side of the Mandamaruthi-Vechoochira public road and demolished the constructions and caused monetary loss to the owners. It is stated that the complaint lodged by the petitioners was forwarded to the Ranni Police Station and a crime has been registered. About 28 accused have been identified and they were later released on bail. It is further stated that after the registration of the crime, 17 other **WP(C).No.21331 OF 2020** **6** persons had lodged separate complaints with regard to the commission of offences. However, since a crime has already been registered, the police have decided not to register any fresh crimes. The rest of the victims have been arrayed as witnesses in the crime which was registered. 6. The respondents 6 to 8 have filed a counter denying the contentions. According to the said respondents, the petitioners herein are the wife and son of the late brother of 8th respondent’s father. They have properties lying contiguous to the property owned by the petitioners. With intent to carve out properties owned by the said respondents , they have approached this Court and have filed this writ petition raising frivolous allegations, contends the said respondents. 7. I have considered the submissions advanced and have perused the records made available. I have also had the opportunity to go through the photographs which have been produced as Exhibit P5 and also the clippings of the incident captured using a mobile phone camera and produced as Exhibit P11. 8. From the materials before this Court as well as the statement filed by the learned Government Pleader, it is apparent that absolute lawlessness prevailed in the area on 26.8.2020 and 22.9.2020. Properties of private individuals on either side of the road were encroached upon by force and the structures put up by them were demolished using earth movers. **WP(C).No.21331 OF 2020** **7** The learned Government pleader as well as the learned counsel appearing for the Panchayat fairly submitted that no steps were taken by the competent authority or the local authority to compulsorily acquire any portion of land for a bona fide public purpose invoking the provisions of Act 30 of 2013. The clippings would show that residents of the area who had objected to the illegal demolition were assaulted by the mob. Not even a single law enforcement officer is seen anywhere near the scene of crime, which corroborates the contention of the learned counsel appearing for the petitioners that the demolition was carried out with the blessings of certain individuals with influence. No crime was even registered and they waited for receipt of a complaint to be lodged by the victim. Several persons on either side of the road were assaulted and their properties were encroached upon, not on one day, but on separate days. Admittedly, only a single crime has been registered and that too against 17 individuals. There cannot be any doubt that the transactions are independant and spread over days. The proximity of time, unity or proximity of place, continuity of action and community of purpose of design are the elements for consideration, whether the independent acts form part of the same transaction or are separate and distinct transactions. In that view of the matter, there is no justification on the part of the police in refusing to register separate crimes. Obviously this is with the objective of helping offenders. **WP(C).No.21331 OF 2020** **8** 9. As a matter of fact the police have the responsibility to act on the information if they have reason to apprehend that such direct action has the potential of causing destruction of public or private property, they were bound to prevent the same. They were bound to record the entire incident by availing suitable methods as has been held by the Apex Court in **In Re:Destruction Of Public & Private Properties vs State Of A.P. & Ors** [2009 (5) SCC 212]. The said video could have been used to pin down the accused. Fortunately, in the instant case, private individuals have recorded the videos of the incident and the same has been forwarded to the police. 10. Grave injustice has resulted in the manner in which the matter was dealt with by the police and the administration. In that view of the matter, this Court in the exercise of its jurisdiction under Article 226, will be well justified in issuing directions to compel the performance in a proper and lawful manner of the discretion conferred upon the Government or a public authority, and in a proper case, in order to prevent injustice resulting to the concerned parties. In the result, the following directions are issued: a) The respondents 3 and 4 shall render protection to the life and property of the petitioners and also ensure that the right of the petitioners over building bearing No.2/494-497 of Ranni - **WP(C).No.21331 OF 2020** **9** Pazhavangadi Panchayat are not interfered with by the respondents except as per the procedure established by law. b) The 2nd respondent shall take up Ext.P9 representation submitted by the petitioners and convene a meeting with respondents 3 and 4 within a period of one month from today. They shall take appropriate steps to bring the miscreants who were involved in the incidents which took place on 26.8.2020, 27.8.2020 and 22.9.2020 and those persons who are seen in the video clippings produced as Ext.P11 to justice. The 2nd respondent shall ascertain as to whether any subordinate officer was guilty of any laches and if found so, appropriate action shall be taken. c) The 3rd respondent shall look into Ext.P10 complaint submitted by the petitioners and evaluate as to whether the non registration of independent crimes against the perpetrators has resulted in injustice. The said respondent shall also monitor the investigation and ensure that the persons responsible for the incident on 26.8.2020, 27.8.2020 and 22.9.2020 are brought to justice. If proper offences have not been incorporated, necessary directions shall be given to the investigating officer. It shall also be ensured that a fair and honest officer with good investigative **WP(C).No.21331 OF 2020** **10** prowess is entrusted with the investigation. d) The respondents 2 and 3 shall file an action taken report before this Court positively on or before 5.4.2021. This writ petition is disposed of. **Sd/-** **RAJA VIJAYARAGHAVAN V** **JUDGE** sru **WP(C).No.21331 OF 2020** **11** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL-030409042113/2002 DATED 12.08.2020 ISSUED FROM THE PAZHAVANGADI VILLAGE OFFICER** - **EXHIBIT P2 TRUE COPY OF THE LOCATION CERTIFICATE BEARING NO.1234 DATED 15.11.2016 ISSUED BY THE VILLAGE OFFICER, PAZHAVANGADI** - **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 11/09/2020 IN WPC NO.18680 OF 2020 OF THIS HON'BLE COURT** - **EXHIBIT P4 TRUE COPY OF THE LETTER DATED 23.09.2020 ISSUED BY THOMAS VARGHESE** - **EXHIBIT P4A THE REPLY DATED 25.09.2020 ISSUED BY THE ASST ENGINEER,PWD ROADS SECTION, RANNI** - **EXHIBIT P5 TRUE PHOTOGRAPHS (4NOS) SHOWING THE CONDITION OF BUILDING OWNED BY THE PETITIONERS** - **EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 25.09.2020 ISSUED FORM THE RANNI POLICE STATION** - **EXHIBIT P7 TRUE PRINT OUT OF THE SCREENSHOTS (4 PHOTOS) SHOWING INCIDENTS LEADING TO FORCEFUL DEMOLITION OF COMPOUND WALL AND GATE OF M.RAMESH** - **EXHIBIT P8 TRUE PRINT OUT OF THE SCREENSHOTS (4 PHOTOS) SHOWING INCIDENTS LEADING TO VANDALIZING OF THE PROPERTY OF LATHA** - **EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 05.10.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT** **EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 05.10.2020 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT** **WP(C).No.21331 OF 2020** **12** **EXHIBIT P11 PEN DRIVE CONTAINING VIDEO FILES. EXHIBIT P12 TRUE COPY OF THE PARTITION DEED NO 2006/2011 OF RANNI SRO RESPONDENTS EXHIBITS:NIL** **//TRUE COPY//** **P.A TO JUDGE**