IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 25948 of 2011(P) ------------------------ PETITIONER(S): ------------------------ 1. RAMANAN P.N., AGED YEARS, S/O. NANU PANICKER, SHEEBA BHAVANAM, PARAKKODE, WARD NO.14, ADOOR MUNICIPALITY. 2. AIYESHA W/O. RAMANAN, AGED YEARS, SHEEBA BHAVANAM, PARAKKODE, WARD NO.14, ADOOR MUNICIPALITY. BY ADV. SRI.K.MADHUSOODHANAN NAIR RESPONDENT(S): ------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, ADOOR, PIN-691 554. 2. CIRCLE INSPECTOR OF POLICE, CIRCLE OFFICE, ADOOR, PIN-691 554. 3. SUB INSPECTOR OF POLICE ADOOR POLICE STATION, ADOOR, PIN-691 554. 4. BALAN THENGUVILA PADINJATTATHIL HOUSE, PARAKKODE, ADOOR TALUK, PIN-691 554. 5. KANNANGAD S/O BALAN THENGUVILA PADINJATTATHIL HOUSE, PARAKKODE, ADOOR TALUK, PIN-691 554. ...2/- WP(C).No. 25948 of 2011(P) -2- 6. INDIRA W/O. BALAN THENGUVILA PADINJATTATHIL HOUSE, PARAKKODE ADOOR TALUK, PIN-691 554. 7. BHASI PADMAVILASAM HOUSE, PARAKKODE, ADOOR TALUK, PIN-691 554. 8. NANDINI THENGUVILAYIL HOUSE, PARAKKODE, ADOOR TALUK, PIN-691 554. 9. RAMACHANDRAN UNNITHAN JAYA MANDIRAM, PARAKKODE, ADOOR, PIN-691 554. 10. SAMUELKUTTY MATHIRAM PALLIL, PARAKKODE, ADOOR, PIN - 691 554. 11. GOPI MOHAN, KOOTUMKAL HOUSE, PARAKKODE, PIN - 691 554. 12. RAMACHANDRA KURUP, SADANATHIL HOUSE, PARAKKODE, ADOOR, PIN - 691 554. 13. PONNACHAN, PADINJARE VILAYIL, PARAKKODE, PIN - 691 554. 14. KUNJACHAN, KALLUVILAYIL, PARAKKODE, ADOOR, PIN - 691 554. 15. LILLY, W/O. KUNJACHAN, KALLUVILAYIL, PARAKKODE, ADOOR, PIN - 691 554. 16. SURESH, KARACKKAL HOUSE, PARAKKODE, ADOOR, PIN - 691 554. 17. VENU, KUZHIYIL VEEDU, PARAKKODE, ADOOR, PIN - 691 554. ...3/- WP(C).No. 25948 of 2011(P) -3- 18. LAL, LAKSHMI BHAVANAM, EZHAMKULAM, PARAKKODE, ADOOR, PIN - 691 554. R1 TO R3 BY SR. GOVT. PLEADER SRI. M.K. ABOOBACKER R4 TO R18 BY ADVS. SRI.M.T.SURESHKUMAR SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...4/- WP(C).No. 25948 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT. P1 PHOTOCOPY OF THE MUTATION REGISTER EXT. P1(A) PHOTOCOPY OF THE LOCATION SKETCH EXT.P2 PHOTOCOPY OF THE PERMISSION FROM THE ADOOR MUNICIPALITY TO CONSTRUCT BOUNDARY WALLS ALONG THE BOUNDARIES OF THE PETITIONER'S PROPERTY ON ITS NORTHERN SIDE AS WELL AS THE WESTERN SIDE IN FAVOUR OF PETITIONER. EXT.P3 PHOTOCOPY OF THE COMPLAINT DATED SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT ALONG WITH RECEIPT ISSUED THEREOF. EXT.P4 PHOTOCOPY OF THE COMPLAINT DATED SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH RECEIPT ISSUED THEREOF. EXT.P5 PHOTOCOPY OF THE OFFICE NOTES ALONG WITH PETITIONER'S APPLICATION AND RELEVANT EXTRACT OF BTR ISSUED FROM THE VILLAGE OFFICE.... RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.25948 of 2011 -------------- ----------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. In this writ petition under Article 226 the petitioners seek protection for their lives and protection for the construction of a compound wall strictly in accordance with the permit issued by the local authority, the Adoor Municipality, on the boundary line to be fixed by the Taluk Surveyor, Adoor on the basis of a proper measurement conducted. The 4th respondent alone has filed a detailed counter affidavit. According to that counter affidavit the 4th respondent has no objection in the petitioners constructing a wall provided the boundary line for construction of the wall is fixed by the Taluk Surveyor or any other competent surveyor on the basis of a proper measurement conducted. Ext.P5 will indicate that the petitioners have initiated steps to have a measurement of their property and also a proper fixation of the boundary line on which the wall is to be constructed. 2. The stand taken by the learned senior Government Pleader Sri.M.K. Aboobacker on the basis of instructions imparted to him by the officers of police is that the petitioners are not so innocent as they hold themselves out to be. The enquiry conducted by the police into Ext.P2 revealed that it is the W.P.(C).25948/11 -2- petitioners who are sinning and not the party respondents. The stand taken by the Government Pleader notwithstanding, in view of the counter affidavit filed by the 4th respondent and in view of the nature of relief sought for we feel that the writ petition can be disposed of issuing the following directions. 3. The petitioners are directed to have a measurement of the property claimed by them and fixation of the boundary of the said property for the purpose of putting up of boundary wall strictly in terms of permit issued to them by the Adoor Municipality. The construction of the basement for the proposed wall will be made exactly on the line fixed by the Taluk Surveyor and in the presence of one or two police personnel to be deputed by the 3rd respondent. If there is any obstruction to the construction of the wall in the manner directed above by any one of the party respondents, it shall be the duty of respondents 2 and 3 to remove such obstructions. Coming to the protection for life sought for by the petitioners we direct the 3rd respondent to ensure that the dispute between the petitioners and the party respondents do not give rise to any law and order situation or violence. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb