IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 2722 of 2008(Y) ----------------------------------- PETITIONER(S): -------------------- A. AHEMMED KABEER,AGED 43 YEARS S/O.ABDUL AZEEZ,AKR FRUIT STALL CANTONMEN NORTH, WARD NO.15,KUNJAMMA PALATHINU THEKKUKIZHAKKUMOOLAYIL, CHINNAKKADA, KOLLAM RESIDING AT VADAKKUMBHAGOM BUNGLOW PURAYIDAM CHINNAKKADA, KOLLAM. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.PRIYA DEVI.P SMT.LEKSHMI SWAMINATHAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY,GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR RAILWAY PROTECTION FORCE, KOLLAM. 3. WORK INSPECTOR RAILWAY I.O.W.D. OFFICER,KOLLAM. 4. THE SECRETARY KOLLAM CORPORATION, KOLLAM. 5. CIRCLE INSEPCTOR OF POLICE EAST POLICE STATION, KOLLAM. 6. DISTRICT COLLECTOR, KOLLAM. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R.3 R3 BY ADV. SRI. M.K.CHANDRAMOHAN DAS SR. GOVT. PLEADER SRI. BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2722/2008 APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE JUDGMENT IN OS NO. 421/99 OF MUNSIFF COURT, KOLLAM DT. 31/3/93. EXT.P2. COPY OF THE JUDGMENT DT. 13/09/2007 IN WP NO. 28933/2005 OF THIS COURT. EXT.P3. COPY OF THE REPRESENTATION DT. 31/12/2007 BEFORE THE DIVISIONAL WORK ENGINEER, WOUTHERN RAILWAY BY THE PETITIONER. EXT.P4. COPY OF THE PETITION DT. 29/12/2007. RESPONDENTS' EXHIBITS : EXT.R2A. COPY OF THE LETTER NO. TP 2/16304/07 DT. 14/11/2007 BY THE SECRETARY KOLLAM CORPORATION. EXT.R2B. COPY OF THE COMPLAINT DT. 29/12/2007 BY THE SECTION ENGINEER/ WORKS/KOLLAM BEFORE THE R5. / TRUE COPY / tga K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.2722 OF 2008 Y ----------------------------------------------------- DATED THIS THE 24th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner submits, he is running a bunk in the Railway 'purambokku' at Kollam in Kollam East Village. When the Municipality tried to evict him, he moved the Munsiff Court by filing O.S.No.421/91. The said suit was decreed restraining the defendant-Municipality from evicting the plaintiff from the plaint schedule property by use of force. But, it was made clear that he could be evicted by due process of law by complying with the provisions of the Municipalities Act. The petitioner has again approached this Court by filing W.P.(C)No.28933/05, seeking a declaration that he is entitled to get assignment of the aforementioned land in his possession. He also prayed to quash Exhibit P6 order produced in that Writ Petition, by which his application for assignment was rejected. The said Writ petition was disposed of by granting the only relief that the petitioner should not be evicted, except by due process of law. When the Police Officers W.P.(C)No.2722/08 -2- prevented the petitioner from running the fruit stall in the aforementioned property, he filed Exhibit P4 representation before the police. He also filed Exhibit P3 representation before the Railways, alleging that the police are interfering with his business. Thereafter, this Writ petition is filed, seeking a direction to the police, not to harass him, so that he can run his business peacefully. 2. The Railways have filed a statement stating that the land belongs to the Railways and the petitioner, therefore, could not conduct any business there. It is also submitted that some unauthorised construction was attempted in the property of the Railways. So, Exhibit R2(b) complaint was filed by the Section Engineer of the Railways before the Railway Police. 3. The Secretary of the 4th respondent Corporation has filed a counter affidavit stating that the Corporation has no authority to permit a bunk in the Railway 'purambokku'. 4. The learned Government Pleader upon instructions submitted that only the Railway Protection Force has taken action against the petitioner. The petitioner has no legal right to run any business in the 'purambokku' land of the Railways. 5. If the Railway Protection Force is taking any action against W.P.(C)No.2722/08 -3- the petitioner, when he attempts to do business there, the same cannot be described as police harassment. They are discharging their duties. If persons like the petitioner are permitted to encroach into the Railways' land and run business there, all the landed properties of the Railways will disappear in no time. This Writ Petition is devoid of any merit. Accordingly, it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn