High Court of KeralaWP(C)/1756/2015disposed of

P.J.Jacob v. State Of Kerala

2015-03-23Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan9 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 WP(C).No. 1756 of 2015 (T) --------------------------- PETITIONERS:

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1. P.J.JACOB AGED 68 YEARS S/O.LATE JOSEPH, VELLUKUNNEL PUTHIYAPARAMBIL HOUSE KUTTIKAL P.O KOTTAYAM DISTRICT - 686 514

2. ROSAMMA, AGED 68 YEARS, D/O.LATE JOSEPH VELLUKUNNEL, PUTHIYAPARAMBIL HOUSE, KUTTIKAL P.O KOTTAYAM DISTRICT - 686 514 REPRESENTED BY HER POWER HOLDER P.J.JACOB BY ADVS.SRI.SHAJI P.CHALY SRI.R.SANJITH SMT.C.S.SINDHU KRISHNAH SRI.ANISH ANTONY RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR GENERAL OF POLICE LAW AND ORDER, POLICE HEADQUARTERS, TRIVANDRUM-695001

3. DISTRICT POLICE CHIEF OFFICE OF DISTRICT POLICE CHIEF, KOTTAYAM 686 002

4. DEPUTY SUPERINTENDANT OF POLICE OFFICE OF DEPUTY SUPERINTENDANT OF POLICE KANJIRAPALLY 686 507 ...2

WP(C).No. 1756 of 2015 (T) -2-

5. SUB INSPECTOR OF POLICE MUNDAKAYAM POLICE STATION, MUNDAKAYAM - 686 513

6. M.K.NANAPPAN, S/O.MADHAVAN KARAPLAKKAL HOUSE, ILAMKADU P.O, KOTTAYAM DISTRICT R6 BY ADV. SRI.B.JAYASURYA R1 TO R6 BY SENIOR GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 1756 of 2015 (T) --------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE LATEST TAX PAID RECEIPTS EXT.P1(A) - TRUE COPY OF THE EGLISH TRANSLATION OF EXHIBIT P1 EXT.P2 - TRUE COPY OF THE CERTIFICATE OF PATTA EXT.P2(A) - TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2 EXT.P3 - TRUE COPY OF THE POSSESSION CERTIFICATE EXT.P3(A) - TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3 EXT.P4 - TRUE COPY OF THE SKETCH SHOWING THE NATURE AND LIE OF THE PETITIONERS PROPERTY EXT.P5 - TRUE COPY OF THE COMPLAINT PREFERRED TO THE 5TH RESPONDENT EXT.P5(A) - TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P5 EXT.P6 - TRUE COPY OF THE NEWSPAPER REPORTS IN MALAYALA MANORAMA, KOTTAYAM EDITION DATED 13TH, 14TH AND 15TH JANUARY 2015 EXT.

P6(A) - TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P6 EXT.P7 - TRUE COPY OF THE COMPLIANT DATED 15-01-2015 PREFERRED BY THE PETITIONER RESPONDENT'S EXHIBITS --------------------------------------- EXT.R6(A) - COPY OF THE DETAILED REPORT DATED 13.1.2014 ISSUED BY THE VILLAGE OFFICER, KOOTTIKKAL VILLAGE WITH TRANSLATION EXT.R6(B) - COPY OF THE PLAINT IN O.S. NO.6/2014 IF MUNSIFF COURT, ERATTUPETTA WITH TRANSLATION EXT.

IN THE ABOVER SUIT WITH TRANSLATION

EXT.R6(D) - COPY OF THE COMPLAINT DATED 27.1.2015 FILED BY THE 6TH RESPONDENT BEFORE THE 5TH RESPONDENT WITH TRANSLATION ...2

WP(C).No. 1756 of 2015 (T) -2EXT.R6(E) - COPY OF THE SALE DEED NO.3445/95 OF SUB REGISTRAR'S OFFICE, POONJAR WITH TRANSLATION EXT.R6(F) - TRUE COPY OF THE DEED NO.1801/2014 OF SUB REGISTRAR OFFICE, POONJAR WITH TRANSLATION EXT.R6(G) - TRUE COPY OF THE NEWS ITEM APPEARED IN VERNACULAR DAILY DATED 25.1.2015 WITH TRANSLATION EXT.R6(H) - COPY OF THE DOCUMENT NO.1296/2005 OF SUB REGISTRAR OFFICE, POONJAR WITH TRANSLATION EXT.R6(I) - COPY OF THE DEATH CERTIFICATE OF NARAYANAN ISSUED BY THE LOCAL REGISTRAR OF BIRTHS AND DEATHS, THALANADU GRAMA PANCHAYATH.

EXT.R6(J) - COPY OF THE NEWS ITEM APPEARED IN DAILY VERNACULAR DATED 24.01.2015 WITH TRANSLATION /TRUE COPY/ PA TO JUDGE JJJ

ASHOK BHUSHAN, Ag. C.J.

& A.M. SHAFFIQUE, J.

------------------------------------------ W.P.(C) No. 1756 of 2015 ------------------------------------------ Dated this the 23th day of March, 2015

J U D G M E N T

A.M.Shaffique, J.

The petitioners have approached this Court seeking for Police Protection, inter alia, contending that the private respondent namely, the 6th respondent along with his men is causing obstruction in the matter relating to enjoyment of property of the petitioners. The petitioners claim to be the owners in possession of 2.4281 hectares and 1.6186 hectares of land in Re.Sy. Nos.73/2 and 74/1 of Kuttikal village , Kanjirapally Taluk, having obtained the same as per patta issued by the Government. While so, it is contended that the 6th respondent, claiming to be the President of the Sree Narayan Dharma Paripalana Sangam (SNDP), in connivance with certain persons encroached into the

W.P.(C) No. 1756/2015 -2property of the petitioners on 11.01.2015 by breaking open the metal fencing, claiming that idols of Nagaraja, Nagayakshi and Ganapathi was recovered from the property of the 2nd petitioner. This matter was informed to the Police. The Police had seized the objects and according to the petitioners those were certain stolen idols from another place, which was identified by the Police. The petitioners have approached this Court, since the petitioners apprehend that the 6th respondent and his men may construct a podium from where the idols were recovered. They are trying to disrupt the religious feelings of the people in the locality and thereby create a law and order situation.

A counter affidavit has been filed by the 6th respondent, inter alia, stating that the petitioners do not have any right in respect of the property and the pattas issued in their favour have been falsely given. The matter

W.P.(C) No. 1756/2015 -3has been taken up before the Vigilance authority which is pending consideration. Further it is stated that a civil suit O.S. No.6/2014 has been filed before the Munsiff's Court, Erattupetta, restraining the Government as well as the petitioners herein from cutting open a road in the property in question. It is also contended that there was a temple in the property and the idols which were recovered from there were not stolen properties, as alleged.

The learned Government Pleader, on instructions, would submit that appropriate police assistance has already been made available and surveillance is being done by the Police to avoid any law and order situation.

Having regard to the rights of the parties, this is a case in which prima facie the petitioners claim right over the property on the basis of pattas issued by the Government,

W.P.(C) No. 1756/2015 -4which according to the private respondent is a document obtained by way of manipulation. However, it is clear that prima facie the petitioners are in possession of the property and if the private respondent and their men has any right or they want to challenge the right of the petitioner, the remedy is to approach the competent authority or the court, as the case may be. They cannot take law into their hands and create law and order situation by which the possession of the petitioners will be disturbed and ultimately it might create communal issues in the locality.

In the said circumstance, we are of the view that the writ petition can be disposed of reserving the rights of the parties to agitate their claims before the appropriate forum/court and directing the Police to maintain necessary law and order in the area.

W.P.(C) No. 1756/2015 -5Accordingly, the Writ Petition is disposed of as under: Respondents 4 and 5 shall ensure that law and order is maintained and no activity shall be carried out in the property which is in the possession of the petitioners, at the instance of the 6th respondent or his men, which will be subject to any further orders that might be passed by the civil court or any statutory authority.

Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE.

Sd/- A.M. SHAFFIQUE, JUDGE.

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