IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 28938 of 2008(T) --------------------------------------- PETITIONER(S): ---------------------- ELAMKUNNAPPUZHA GRAMA PANCHAYATH ELAMKUNNAPPUZHA REPRESENTED BY SECRETARY, K.N.VENUGOPAL. BY ADV. SRI.K.I.ABDUL RASHEED RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, NARAKKAL, ERNAKULAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, NARAKKAL, ERNAKULAM DISTRICT. 4. ANCIL T.J., S/O.JOSEPH, THUNDATHIL HOUSE, PERUMALPADY, ELAMKUNNAPUZHA. 5. SAJAN PARAPPILLY, S/O.ANTONY P.R., PARAPPULLIL HOUSE, PERUMALPADY, ELAMKUNNAPUZHA. 6. JOHNSON C.M., S/O.MATHAI, CHAKKALACKAL HOUSE, PERUMALPADY, ELAMKUNNAPUZHA. 7. NIJIN, S/O.MANUEL, ARACKAL HOUSE, PERUMALPADY, ELAMKUNNAPUZHA. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL ADV. SRI.S.SUDHISH KUMAR FOR R4 TO 7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28938/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE JUDGMENT DT. 29.8.08 IN WPC. NO.26114/08. P2:- COPY OF THE RESOLUTION DT. 8.9.08. P3:- COPY OF THE COMPLAINT DT. 20.9.08. P4:- COPY OF THE COMPLAINT DT. 23.9.08. /TRUE COPY/ P.A. TO JUDGE tss K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ========================================= W.P.(C).No.28938 of 2008 - T =============================== Dated this the 4th day of November, 2008. J U D G M E N T The petitioner is a Grama Panchayath. It decided to concrete a road having a width of two metres. Ext.P2 is the resolution passed by the Panchayath. When steps were taken for the same, respondents 4 to 7 caused obstruction. So the Secretary of the Grama Panchayath addressed Ext.P3 communication to the Sub Inspector of Police as per Section 252 of the Kerala Panchayath Raj Act. The police are bound to render necessary assistance to the President, Secretary or other officers of the Panchayath as the case may be, if they seek police protection. Notwithstanding that provision, the police did not take any action, it is submitted. So the petitioner has moved this writ petition seeking appropriate directions to the police to render necessary assistance so that the Panchayath can lay the road as per Ext.P2 resolution. 2. Respondents 4 to 7 would submit that there is some dispute between the Panchayath and party respondents regarding W.P.(C).No.28938 of 2008 - T 2 the dimension of the drain to be laid for draining rain water. The Panchayath proposes to lay a pipe of 6 inch diameter and that too made by PVC material as a drain. The party respondents want an open drain to be laid when concreting is done. The aggrieved party respondents moved the Ombudsman for Local Self Governed Institutions and the Ombudsman has passed an order stating that the while laying the road, iron pipe having a diametre of 12 inches should be laid for draining rain water. Therefore the party respondents pointed out that the writ petition filed seeking police protection to implement Ext.P2 has become infructuous. Learned counsel for the Panchayath submitted that if an open drain is provided, the width of the road will be considerably reduced. The party respondents are not ready to surrender an inch of their land. However the order passed by the Ombudsman is only an interim order which is likely to be vacated or modified, it is submitted. 3. Section 252 of the Kerala Panchayath Raj Act reads as follows:- W.P.(C).No.28938 of 2008 - T 3 “252. Duties of police officers.-(1) It shall be the duty of every police officer,- (a) to communicate without delay to the President and Secretary any information which he receives of the design to commit or of the commission of any offence under this Act or any rule or bye-law made thereunder; and (b) to assist the President or the Secretary or any officer of the Panchayat demanding in writing his aid for the lawful exercise of any power vesting in the President, the Secretary or in such officer or employee of the Panchayat under this Act of any rule or bye-law made thereunder, or for the performance of any function entrusted to any of them. (2) Any police officer who omits or refuses to perform any duty imposed on him by this Act shall be deemed to have committed an offence under section 41 of the Kerala Police Act, 1960 (5 of 1961).” 4. In view of the above provision, the police are bound to render assistance if requisition by the President or the Secretary or other officer of the Panchayat in writing is filed for police protection for the lawful exercise of any power vesting in the President, the Secretary or in such officer of the Panchayat. Learned Government Pleader also submitted that the police are bound to act in accordance with Section 252 of the Act. 5. If the proceedings before the Ombudsman are over and there is no impediment in laying the road, the petitioner can W.P.(C).No.28938 of 2008 - T 4 move the police, if any obstruction is caused and in that event the police shall render necessary assistance in view of the mandatory duty cast on them under Section 252 of the Kerala Panchayath Raj Act. The writ petition is disposed of as above. The above direction will not affect the rights of the party respondents to pursue their claim before the appropriate forum or court and the direction issued by us will be subject to such orders if any, passed by the statutory forum or courts. K.BALAKRISHNAN NAIR, JUDGE M.C.HARI RANI, JUDGE. bkn/-