IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 6TH JANUARY 2011 / 16TH POUSHA 1932 WP(C).No. 30769 of 2010(U) --------------------------------------- PETITIONER(S): ----------------------- REENA KURIAN, AGED 42 YEARS, W/O.KURIAN, THENGUMOOTTIL, ALAPPUZHA MURI, ALAPPUZHA WEST VILLAGE. BY ADV. SRI.K.S.HARIHARAPUTHRAN, SRI.M.D. SASIKUMAR, SRI.GOERGE MATHEW, SRI.DIPU JAMES, SMT.REMYA K.V. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA- 688 001. 3. THE CIRCLE INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION, 688 001. 4. ALTHAF MAHIN, AGED ABOUT 40 YEARS, VARTHUTTICHIRA, CHUNGAM WARD, ALAPPUZHA-688 001. 5. ANAS ABDULLAH, AGED ABOUT 35 YEARS, THADAYIL PURAYIDOM, CHUNGAM WARD, ALAPPUZHA, PIN-688 001. 6. V.P. NARENDRAN, AGED ABOUT 55 YEARS, THAZHATHUPARAMBU, CHUNGAM WARD, ALAPPUZHA, PIN-688 001. R1 TO R3 BY GOVT. PLEADER SMT.C.M. CHARISHMA. R4 TO R6 BY ADV. SRI.G.PRIYADARSAN THAMPI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 30769/2010-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BASIC TAX RECEIPT NO.1572106 DATED 31/01/2009. EXT.P2: COPY OF THE ORDER NO.C6-39255 DATED 31/07/2010 ISSUED BY DISTRICT COLLECTOR, ALAPPUZHA. EXT.P3: COPY OF THE PETITION DATED 03/08/2010 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3(a): COPY OF THE RECEIPT EVIDENCING THE RECEIPT OF EXT.P3 ISSUED BY 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.30769 of 2010 ***************************** Dated this the 6th day of January, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court for issue of directions under Article 226 of the Constitution of India to respondents 1 to 3 to afford police protection to the petitioner against the illegal obstruction/resistance by respondents 4 to 6 in her attempt to fill up a low lying land in her possession. 2. According to the petitioner, she is the owner of 33.62 ares of low lying land in Ambalappuzha Taluk of Alappuzha district. She wants to reclaim the said land for the purpose of putting up a residential building. She started doing so. But there was illegal objection against the same. In the wake of such illegal obstruction, she was constrained to file a civil suit before the Additional Munsiff Court, Alappuzha as O.S.40 of 2010. That suit was filed in representative capacity against two named defendants and all others having like interest as that of the named defendants. The learned Additional Munsiff, Alappuzha by judgment dated 05.04.2010 in O.S.40 of 2010 had decreed the suit and the two defendants in that suit and all person having W.P(C) No.30769 of 2010 2 like interest as that of the defendants in Mullackal Village were restrained by a permanent prohibitory injunction from obstruction or interference in any way with the reclaim of the plaint schedule property by the plaintiff/petitioner herein. 3. According to the petitioner, that judgment and decree have now become final without challenge by anyone. But in spite of that when she attempted to reclaim the land, respondents 4 to 6 raised illegal physical obstruction and did not permit her to complete the work. Her complaint to the police did not evoke any useful response and it is, in these circumstances, that the petitioner came to this Court with this petition under Article 226 of the Constitution. The petitioner further submits that when she attempted to fill up the land in question using a JCB, the same was seized by the 3rd respondent. The petitioner applied for release of the said vehicle and by Ext.P2 order, the District Collector, Alappuzha had directed release of the JCB. In that order, the District Collector had entered the specific finding that the filling up of the land in question does not offend the provisions of Kerala Conservation of Paddy Land and Wetland Act, 2008. The learned counsel for the petitioner submits that though the petitioner is armed with the decree of the civil court W.P(C) No.30769 of 2010 3 and Ext.P2 order of the District Collector, illegal unjustified objections are still being raised making it impossible for her to reclaim her property. 4. Respondents 4 to 6 have entered appearance. According to the learned counsel for respondents 4 to 6, they were not parties to the suit. O.S.40 of 2010, though it was filed in representative capacity, respondents 4 to 6 had not entered appearance or resisted the suit. They have admittedly not preferred any appeal against the said decree which have been filed in representative capacity and which binds them also. The learned counsel for respondents 4 to 6 submits that respondents 4 to 6 have no intention of physically obstructing the petitioner in her attempt to reclaim the land in question. 5. The learned Government Pleader after taking instructions submits that respondents 1 to 3 shall afford necessary protection if there is any illegal obstruction to the attempt of the petitioner to fill up the land in question. Inasmuch as the judgment and decree in O.S.40 of 2010 have become final and in Ext.P2 order the District Collector has taken the view that Kerala Conservation of Paddy Land and Wetland W.P(C) No.30769 of 2010 4 Act, 2008 has no application, necessary protection shall be afforded to the petitioner. 6. This Writ Petition is accordingly allowed. If there be any illegal obstruction to the attempt of the petitioner to fill up the land in question, respondents 1 to 3 shall afford necessary police protection to her. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/