IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 29382 of 2010(W) ---------------------------------- PETITIONER(S): ------------------- 1. OMANA.K., W/O.K.K.PARAMESWARAN, AGED 62, SARANGI HOUSE, KOLATHERI ROAD, POONITHURA, ERNAKULAM DISTRICT. 2. VALSALA.K.G., W/O.P.SURENDRAN, AGED 58, VADAKARASSERY, MOSQUE ROAD, MARADU.P.O., ERNAKULAM DISTRICT. 3. SOORAJ.P., S/O.P.SURENDRAN, AGED 24, VADAKARASSERY, MOSQUE ROAD, MARADU.P.O., ERNAKULAM DISTRICT. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): -------------------- 1. SUB INSPECTOR OF POLICE, KALAMASSERY STATION, ERNAKULAM DISTRICT. 2. MANAGING DIRECTOR, M/S.CONFIDENT GROUP, 868/2, SAHODARAN AYYAPPAN ROAD, VYTTILLA, KOCHI-682 019. 3. I.G.SIVAJI, AGE AND FATHER'S NAME NOT KNOWN, INJAKKAL, CONVENOR, MOSQUE ROAD VIKASANA SAMITHI, MOSQUE ROAD, MARADU, ERNAKULAM DISTRICT, PIN-682 304. 4. ARULDAS, AGE AND FATHER'S NAME NOT KNOWN, INJAKKAL, MOSQUE ROAD, MARADU, ERNAKULAM DISTRICT-682 304. ....2/-... ...2... 5. MANDATHARA BHASKARAN, MANDATHARA, MOSQUE ROAD, MARADU, ERNAKULAM DISTRICT-682 304. 6. I.M.MUHAMMED, THERUVIPPARAMBIL, GREGORIAN PUBLIC SCHOOL ROAD, MARADU, ERNAKULAM DISTRICT-682 304. 7. P.D.SHARATCHANDRAN, ILLIKKAL, MOSQUE ROAD, MARADU, ERNAKULAM DISTRICT-682 304. 8. MARADU GRAMA PANCHAYATH, MARADU, ERNAKULAM DISTRICT-682 304, REPRESENTED BY ITS SECRETARY. R1 BY GOVT.PLEADER SRI.T.K.VIPINDAS R2 TO R7 BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) R8 BY ADV. SRI.S.CHANDRASENAN, SC., THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 29382/2010(W) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT DATED 10/09/2010 PREFERRED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R5(a):COPY OF THE SKETCH SHOWING THE LIE AND LOCATION OF THE ROAD UNDER DEVELOPMENT. R5(b):COPY OF THE PROCEEDINGS OF THE MEETING HELD 12/07/2010 AT AMBDEKAR COMMUNITY HALL AT MARADU. R5(c):COPY OF THE RESOLUTION PASSED IN THE MEETING HELD ON 12/07/2010. R5(d):COPY OF THE MINUTES OF THE METING ORGANIZED BY THE 3RD PETITIONER DATED 27/07/2010. R5(e):COPY OF THE PROCEEDINGS OF THE MEETING PUBLISHED BY THE 3RD PETITIONER DATED 27/07/2010. R5(f):COPY OF THE RESOLUTION PASSED BY THE PANCHAYATH AS 9(6) DATED 08/09/2010. R5(g):COPY OF THE RESOLUTION PASSED BY THE PANCHAYATH AS 9(7) DATED 08/09/2010. R5(h):COPY OF THE NOTICE OF THE INAUGURATION FUNCTION OF THE ROAD DEVELOPMENT WORKS DATED 11/09/2010. /TRUE COPY/ P.A. TO JUDGE SVS/ K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.29382 of 2010 ---------------------------------------- Dated this the 27th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) issue a writ of mandamus, any other writ, order or direction, directing the 1st respondent to afford adequate and appropriate police aid and protection to the life and limb of this petitioner, against the criminalities of respondents 2 to 7 and their men. ii) issue a writ of mandamus, any other writ, order or direction, directing the 1st respondent to ensure a decent living to the petitioner, free from all sorts of threats and inducements. 2. Briefly put, the case of the petitioners is as follows: 3. The petitioners are residing in Maradu Grama Panchayath. Respondents 3 to 7 are the self claimed leaders of a 'Mosque Road Vikasana Samithi'. In brief, the case of the petitioners is that the party respondents are, in the attempt to widen the existing road, pressurising the petitioners to sign the W.P.C.No.29382 of 2010 2 consent letter for surrendering their land according to the terms acceptable to the respondents. There is reference to an assault on 09/09/2010. The respondents have filed counter affidavit producing various documents of which Exts.R5(A) is the sketch and R5(G) purports to be the decision of the Maradu Grama Panchayath. It is their case that except the petitioners, the others have surrendered their land. At any rate, the learned counsel for the party respondents would submit that they have never threatened the petitioners nor do they intend to threaten the petitioners. It is also stated that the Panchayat has initiated steps to acquire the remaining land necessary for widening the road. 4. We record this submission and leaving it open to the Panchayat to proceed in the matter in accordance with law, we dispose of the writ petition. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr W.P.C.No.29382 of 2010 3 W.P.C.No.29382 of 2010 4 W.P.C.No.29382 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010