Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE11H DAY OF AUGUST201520TH SRAVANA, 1937 WP(C).No. 20373 of 2015 (V) ---------------------------- PETITIONER(S): -------------------------- 1. RAJESWARI AGED38YEARS W/O.NARAYANAN NAIR, KALLAMPARAMBIL HOUSE, KURUVIKKANAM RAMAKKALMEDU PO, PIN685552.
2. PADMAVATHIAMMA, W/O.KRISHNA PILLAI AGED90YEARS KALLAMPARAMBIL HOUSE, KURUVIKKANAM, RAMAKKALMEDU PO PIN685552.
3. CHELLAMMA, W/O.GOPINATHA PILLAI AGED75YEARS NOW RESIDING AT KALLAMPARAMBIL HOUSE, KURUVIKKANAM RAMAKKALMEDU PO, PIN685552.
4. K.K.NARAYANAN NAIR, S/O.KRISHNAPILLAI AGED52YEARS ESTATE OFFICER, SALAAMS RARMA HERITAGE ECO VILLAGE KURIVIKKANAM AND RESIDING AT KALLAMPARAMBIL HOUSE KURUVIKKANAM, RAMAKKALMEDU PO, PIN685552.
5. LAKSHMI.G AGED38YEARS W/O.ADV.VINU RAJ, PROJECT DIRECTOR SALAAMS RAAMA HERITAGE ECO VILLAGE KURIVIKKANAM AND OFFICIALLY RESIDING AT IV/602 KURIVIKKANAM KARUNAPURAM VILLAGE AND HAVING PERMANENT RESIDENCE AT KUZHUVELIL HOUSE LAYAM ROAD, ERNAKULAM682011.
6. SANDYA BAIJU, W/O.BAIJU, OFFICE ASSISTANT AGED35YEARS SALAAMS RAAMA HERITAGE ECO VILLAGE, KURUVIKKANAM RAMAKKALMEDU P.O., PIN685552.
7. BINESH G. NAIR AGED34YEARS S/O.GOPALAKRISHNAN, FARM CORDINATOR SALAAMS RAAMA HERITAGE ECO VILLAGE, KURUVIKKANAM RAMAKKALMEDU P.O., PIN685552.
8. KALA SHIBU AGED35YEARS W/O.SHIBU, GENERAL HELPER SALAAMS RAAMA HERITAGE ECO VILLAGE, KURUVIKKANAM RAMAKKALMEDU AND RESIDING AT ILAMPLAKKATU HOUSE KURIVIKKANAM, RAMAKKALMEDU PO, PIN685552. WP(c) NO.20373/15 9. JANARDHANAN NAIR AGED58YEARS S/O.RAMAKRISHNAN NAIR, FARM CORMDINATOR SALAAMS RAAMA HERITAGE ECO VILLAGE, KURUVIKKANAM RAMAKKALMEDU AND RESIDING AT CHARUVILA PUTHEN VEEDU KURIVIKKANAM, RAMAKKALMEDU PO, PIN685552.
10. E.K.KRISHNAN KUTTY AGED60YEARS S/O.KUNJUKUTTY, WATCHMAN, KURIVIKKANAM RAMAKKALMEDU PO PIN685552. SALAAMS RAAMA HERITAGE ECO VILLAGE KURUVIKKANAM RAMAKKALMEDU AND RESIDING AT ILAMPLAKKATU HOUSE KURIVIKKANAM, RAMAKKALMEDU PO, PIN685552. BY ADVS.SRI.ABRAHAM MATHEW (VETTOOR) SRI.SRI.ANIL ABEY JOSE RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME AFFAIRS, SECRETARIAT,THIRUVANANTHAPURAM695001.
2. THE DISTRICT SUPERINTENDENT OF POLICE PYNAVU, IDUKKI, PIN685603.
3. THE DEPUTY SUPERINTENDENT OF POLICE KATTAPPANA, PIN685508.
4. THE CIRCLE INSPECTOR OF POLICE NEDUMKANDAM, PIN685553.
5. THE SUB INSPECTOR OF POLICE CUMBUMMETTU , PIN685551.
6. BINOY, S/O.CHACKO PUTHENPURACKAL HOUSE, KURUVIKKANAM, RAMAKKALMEDU PO KALLAR VIA, PIN685552.
7. SIBI, S/O.CHACKO PUTHENPURACKAL HOUSE, KURUVIKKANAM, RAMAKKALMEDU PO KALLA VIA, PIN685552.
8. NADARAJA PILLAI S/O.DIVAKARAN PILLAI, KRISHNAVILASAM HOUSE KURUVIKKANAM, RAMAKKALMEDU PO, KALLAR VIA PIN685552.
9. PRASAD, S/O.BHARGAVAN, THOTTAYITHARAYIL HOUSE, KURUVIKKANAM, RAMAKKALMEDU PO, KALLAR VIA PIN685552. WPC NO.20373/15 -2- 10. KRISHNAPILLAI, S/O.DIVAKARAN PILLAI KRISHNAVILASAM HOUSE, KURUVIKKANAM, RAMAKKALMEDU PO KALLAR VIA, PIN685552.
11. VISWANADHAN, S/O.SANKARAN PILLAI PAVITTERI HOUSE, KURUVIKKANAM, RAMAKKALMEDU PO KALLAR VIA, PIN685552.
12. SATHYAN, S/O.GANGADHARAN, KAKKANASSERIL HOUSE, KURUVIKKANAM, RAMAKKALMEDU PO KALLAR VIA, PIN685552.
13. AMBUJAKSHAN, VANAJA VILASAM HOUSE, KURUVIKKANAM, RAMAKKALMEDU PO, KALLAR VIA PIN685552.
14. OMANAKUTTAN, S/O.PRABHAKARAN KURUVIKKATTU HOUSE KURUVIKKANAM, RAMAKKALMEDU PO, KALLAR VIA PIN685552.
15. APPUKUTTAN, SATHEESH BHAVAN KURUVIKKANAM, RAMAKKALMEDU PO, KALLAR VIA PIN685552.
16. CHANDRAN, S/O.ACHUTHAPPANICKAR, BLOCK NO.1035 KURUVIKKANAM, RAMAKKALMEDU PO, KALLAR VIA PIN685552.
17. SULAIMAN S/O.PAREED RAWTHAR, THANNIVILA HOUSE, KURUVIKKANAM KOOTTAR PO, KALLAR VIA, PIN685552.
18. O.S.JAYAKUMAR, S/O.SANKUNNI PILLAI OLICKAL HOUSE, KURUVIKKANAM, RAMAKKALMEDU PO KALLAR VIA, PIN685552.
19. PRASANNA KUMAR, THANIVILAYIL KURUVIKKANAM, KOTTOOR PO, KALLAR VIA PIN685552.
20. MOHANAN, KARUVEL HOUSE EDATHARAMUKKU , KOTTOOR P.O., KALLAR VIA PIN685552. *ADDL.21. DIVAKARAN, S/O.KESAVAN, AGED64YEARS, RESIDING AT KILIRUTHAYYIL HOUSE, KURUVIKKANAM KARA, KARUNAPURAM VILLAGE, IDUKKI DISTRICT. WP(c) NO.20373/15 -3- *ADDL.22. PRASAD P.P., S/O.PAPPAN, AGED48YEARS, PARAYIL HOUSE, KURUVIKKANAM KARA, KARUNAPURAM VILLAGE, IDUKKI DISTRICT. *(ADDL.R21 AND22ARE IMPLEADED AS PER ORDER
IN IA NO.10629/2015 DATED1108/2015) R8,R9,R14,R15 BY ADV. SRI.GRASHIOUS KURIAKOSE (SR.) R8,R9,R14,R15 BY ADV. SRI.GEORGE MATHEWS R8,R9,R14,R15 BY ADV. SRI.P.BHARATHAN ADDL-R21 & 22 BY ADV. SRI.K.S.PRAVEEN BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1108-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20373 of 2015 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- A TRUE COPY OF THE ORDER
DATED209.2012 BY WHICH THE4H PETITIONER WAS APPOINTED AS ESTATE-OFFICER P2- A TRUE COPY OF THE CALL LETTER DATED231.2013 OFFERING EMPLOYMENT TO THE5H PETITIONER AS PROJECT P3- THE TRUE COPY OF THE APPOINTMENT ORDER
ISSUED TO THE6H PETITIONER DATED253.2014 P4- THE ORDER
OF APPOINTMENT ISSUED TO THE7H PETITIONER AS FARM DATED228.2013 P5- THE TRUE COPY OF THE APPOINTMENT ORDER
OF8H PETITIOENR DATED253.2014 P6- THE TRUE COPY OF THE APPOINTMENT ORDER
OF9H PETITIONER DATED228.2013 P7- THE TRUE COPY OF THE ORDER
OF APPOINTMENT OF THE10H PETITIONER DATED253.2014 P8- ATRUE COPY OF THE REPRESENTATION DATED285.15 P8(A)- TRUE ENGLISH TRANSLATION OF EXHIBIT P8 P9- A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIP OF PETITION DATED285.2005 ISSUED BY THE4H RESPONDENT P10- A TRUE COPY OF HTE POSTAL ACKNOWLEDGMENT FOR SERVIE OF THE COMPLAINT TO THE3D RESPONDENT P11- A TRUE COPY OF THE COMPLAINT MADE BY THE5H PETITIONER TO THE5H RESPONDENT DATED206.2015 P11(A)- TRUE CENGLISH TRANSLAITON OF EXHIBIT P11 P12- ATRUE COY OF THE FIR DATED206.2015 REGISTERED BY THE POLICE P12(A)- ATRUE ENGLISH TRANSLATION OF EXHIBIT P12 P13- PHOTOGRAPHS SHOWING HTE DESTRUCTION AND COMMISSION OF ACTS OF WASTE AND DAMAGE P14- A TRUE COPY OF THE COMPLAINT MADE ON206.2015 BY THE5H PETITIONER TO THE5H RESPONDNET P14(A)- ATRUE ENGLISH TRANSLATION OF EXHIBIT P14 WP(c) No.20373/2015 -2- P15- A TRUE COPY OF CRIME REGISTERED BY THE CUMBAMMEDU POLICE AS NO.157 OF2015P15(A)- ATRUE ENGLISH TRANSLATION OF EXHIBIT P15 P16- ATRUE COPY OF REPRESENTATION MADE IN ON256.2015 P16(A)- THE TRUE ENGLISH TRANSLATION OF EXHIBIT P16 RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.R9(a): TRUE COPY OF THE CERTIFICATE DT85.2015 ISSUED BY THE BLOCK DEVELOPMENT OFFICER, NEDUMKANDAM. EXT.R9(b): TRUE COPY OF THE PHOTOGRAPHS SHOWING THE USAGE OF CHECK DAM BY THE GENERAL PUBLIC. EXT.R9(c): TRUE COPY OF THE JUDGMENT
IN WPC NO.16568/2015 DT46.2015. //True Copy// PS to Judge Rp ASHOK BHUSHAN, C.J.
& A.M. SHAFFIQUE, J.
================ W.P. (C) No. 20373 of 2015 ================== Dated this, the 11th day of August, 2015
JUDGMENT
Shaffique, J.
Petitioners 4 to 10 claim to be employees of 'Salaams Raama Heritage Eco Village" at Kurivikkanam. Petitioners 1 to 3 are the family members of the 4th petitioner. It is stated that the 4th petitioner is the Manager of the Estate. The allegation raised by the petitioners is that their work in the Estate is being prevented by private respondents 6 to 20 and their men. Petitioners submit that the owner of the property had earlier approached this Court by filing a writ petition, which was disposed of directing the police to ensure maintenance of law and order. Despite the directions, petitioners were manhandled and crimes had been registered by the police. Though the workers in the Estate repeatedly requested for sufficient police force to prevent the highhanded activities of respondents 6 to 20, 5th respondent has not deputed sufficient police force to prevent such activities. W.P(C) No.20373/15 -:2:- In the said premise, this writ petition is filed seeking for appropriate direction to the police authorities to provide adequate police protection to the petitioners for carrying out their day to day activities in the Estate.
2. Counter affidavit has been filed by respondents 8, 9, 14 and 15 inter alia stating that the owner of the property has acquired a larger extent of land by which he had obtained enclosure of a check dam constructed by the Government which was intended for storage of water. People in the locality used to take water from the check dam and they used to lay pipe lines for drawing water as well. After purchase of the property by the present owner, he had enclosed the entire Estate by virtue of which a small pathway has been provided for ingress and egress to the check dam. This has caused much inconvenience among the people in the locality who had been walking across the Estate which resulted in commotion in the area. It is stated that they have not obstructed the petitioners from carrying on their work as alleged.
3. IA No.10629/15 has been filed by two persons seeking to implead themselves as additional respondents. According to W.P(C) No.20373/15 -:3:- them, they were originally workers of the Estate and the allegation that they have left the employment and Estate due to the harassment by the respondents was absolutely incorrect.
4. Learned Government Pleader on instructions would submit that when complaints had been received from the petitioners, police had conducted appropriate investigation and crime has been registered. The investigation is in progress and thereafter no untoward incident has been reported.
5. Learned counsel for the petitioners however would submit that petitioners are not in a position to carry on their day to day activities in the Estate and even the owner of the property is unable to come to the Estate. Unless sufficient police force is deployed to prevent the atrocious act of private respondents, they will suffer severe hardship.
6. We have already issued an order dated 4/6/2015 in WP (C) No.16568/15, which was the writ petition filed by the owner of the aforesaid Estate seeking for adequate police protection. We have in the said judgment directed the police authorities to ensure maintenance of law and order. We have also indicated that if any offence is committed or there is attempt to commit offence W.P(C) No.20373/15 -:4:- by the respondents, it shall be open for the petitioners to file appropriate complaint before the 5th respondent and necessary action has to be taken in the matter. Apparently on the basis of complaints, crime has been registered and investigation is in progress.
7. Having regard to the fact that we have already issued necessary orders in the writ petition filed by the owner of the property, we are of the view that it also encompasses any offence being committed against the workers, staff or family members of the workers as well. Therefore, we reiterate the position that if any offence is committed or there is any attempt to commit offence, on the complaint of the petitioners, police shall take appropriate action. If sufficient police force is required to prevent such atrocious acts, it is the duty of respondents 2 to 4 to take necessary action in that regard at the request of the 5th respondent.
8. As far as the rights claimed by private respondents are concerned, they cannot take law into their hands. They cannot tresspass into the property belonging to another person as long as it is not their property. If they want to utilize the water which is W.P(C) No.20373/15 -:5:- stored in the check dam, even according to the learned counsel appearing for private respondents, a pathway has been provided by the owner of the property. If they want to claim any other right of way through the Estate, their remedy is to approach the Civil Court and obtain appropriate orders. If they take law into their hands, it is the duty of the police authorities to ensure that no such untoward incident happens and protect the life of the petitioners. In the said circumstances, the writ petition is disposed of directing respondents 2 to 5 to ensure that adequate measures are taken to prevent any untoward incident in the Estate where the petitioners are working. Writ petition is disposed of as above. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge