Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 WP(C) NO. 24771 OF 2024 PETITIONER: ANSAR A AGED 62 YEARS S/O. ABDUL AZIZ, RESIDING AT KALAVARA VEEDU, PUNNATHALA.P.O., KOLLAM, PIN - 691007 BY ADVS. S.SREEKUMAR (KOLLAM) NAMITHA RAJESH RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001 2 THE STATION HOUSE OFFICER KUNDARA POLICE STATION, KOLLAM-, PIN - 691504 3 DEPUTY SUPERINTENDENT OF POLICE SASTHAMCOTTAH, COLLEGE ROAD, KOLLAM, PIN - 690521 4 JACAB @ SHAJI THADATHIVILA VEEDU, VADAKKATHIL, NEDUMPANA,KURIPALLY,THRIKOVIL VATTOM VILLAGE, ALUMOODU.P.O., KOLLAM-, PIN - 691577 5 SAJAN JOSHY RESIDING AT SEYON, KURIPALLY,THRIKOVIL VATTOM VILLAGE, 6 C.JOHNKUTTY THUNDUVILA VEEDU, KURIPALLY,THRIKOVIL VATTOM VILLAGE, 7 THOMAS MATHEW LIJU BHAVAN, KURIPALLY,THRIKOVILVATTOM VILLAGE, 8 ANIL PHILIP KURIPALLY,THRIKOVILVATTOM VILLAGE, ALUMOODU.P.O., KOLLAM, PIN - 691577 BY ADVS. BHARATH MOHAN N.KRISHNA PRASAD(K/885/2004) JOEL GEORGE KAMPIYIL(K/1910/2020)
OTHER PRESENT: SMT. DEEPA NARAYANAN, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 31st day of July, 2024 This writ petition is filed alleging obstruction and nuisance by the party respondents. According to the petitioner, he has taken a plot on lease in the neighborhood of the party respondents and has constructed a shed therein, after obtaining permit from the Panchayath. Although petitioner had cleared the property after taking it on lease, respondents are dumping waste in the property, following their earlier practice.
2. The party respondents have filed a counter
affidavit, refuting the allegation and further stating that the petitioner is running an event management company and as part of its activities, innumerable number of generator-mounted trucks are parked in the plot. The generator sets are repaired and tested in the compound even at night, making it impossible for the neighbors to live peacefully. Therefore, alleging pollution and nuisance due to the activities of the petitioner, the respondents had approached the authorities and the Panchayath has initiated action against the petitioner.
3. The learned Counsel for the petitioner submitted that his client is prepared to undertake that he will not carry out any work on the diesel generator sets in the leased premise.
4. On the other hand, learned Counsel for the party respondents submitted that there cannot be any such concession, since the authorities have already initiated action.
5. The learned Government Pleader submitted
that, even though the Police had summoned the petitioner and the party respondents, only the party respondents appeared and the petitioner is not co-operating with the Police. Moreover, in spite of the stop memo issued by the Panchayath, the petitioner is carrying out his activities in the residential area.
6. Although I find merit in the contention of the
learned Counsel for the party respondents that the petitioner having suppressed vital facts, the writ petition ought to be dismissed with cost, I refrain from doing so, since some of the events had occurred after filing of the writ petition. At any rate, this is not a fit case for granting Police protection to the petitioner. The writ petition is hence, dismissed. Sd/- V.G.ARUN JUDGE NB/31-7 APPENDIX OF WP(C) 24771/2024 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE LEASE AGREEMENT DATED 29.04.2024 WITH ONE MR. P.G.SAJIMON EXHIBIT P2 THE TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED FROM THE ELLAMPALLOR GRAMA PANCHAYAT, DATED 20.05.2024 EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE SHO, KUNDARA DATED 01.07.2024 EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 04.07.20234 ISSUED BY THE KUNDARA POLICE EXHIBIT P5 THE TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE DYSP, SASTHAMCOTTAH DATED 06.07.2024 EXHIBIT P6 THE TRUE COPY OF THE RECEIPT DATED 06.07.2024 ISSUED FROM THE SASTHAMCOTTA DYSP OFFICE RESPONDENT EXHIBITS EXHIBIT-R4(a) A TRUE COPY OF THE LETTER DATED 10.06.2024GIVEN TO THE SECRETARY, ELAMPPALLOOR GRAMA PANCHAYAT EXHIBIT-R4(b) THEIR COMPLAINT LETTERS DATED 25.06.2024 AND 05.07.2024 EXHIBIT-R4(c) THEIR COMPLAINT LETTERS DATED 25.06.2024 AND 05.07.2024 EXHIBIT-R4(d) A TRUE COPY OF THE REPORT DATED 28.06.2024 EXHIBIT-R4(e) A COPY OF PHOTOGRAPH SHOWING THE DIESEL GENERATOR MOUNTED TRUCKS IN THE PROPERTY EXHIBIT-R4(f) A TRUE COPY OF THE DECISION TAKEN BY THE PANCHAYAT DATED 12.07.2024 TRUE COPY P.A. TO JUDGE