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. 28006 of 2011(A) -------------------------- PETITIONER : -------------------- SASI.E, ERULLINKATTIL HOUSE, AKALUR KAILI PALLA, AKALOOR PO, PATHIRIPALA, PALAKKAD DISTRICT. BY ADVS. SRI.SANTHEEP ANKARATH SRI.SUMODH MADHAVAN NAIR RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, OTTAPALAM - 679 101. 2. THE SECRETARY, THE LAKKIDI PEROOR GRAMA PANCHAYATH, LAKKIDI PEROOR 679 301. R1 BY SR. GOVT. PLEADER SRI. M.K. ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 28006 of 2011(A) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF PHOTOGRAPH SHOWING THE SCENE. EXHIBIT P2 TRUE COPY OF THE PETITION DATED 23/7/2011 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXHIBIT P3 TRUE COPY OF THE PETITION DATED 23/8/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF RECEIPT DATED 23/8/2011 ISSUED BY THE 2ND RESPONDENT RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 28006 of 2011 --------------------------------- Dated this the 2nd day of November, 2011 JUDGMENT Abdul Rehim, J. This writ petition is filed seeking relief to the extent of directing respondents 1 and 2 to initiate steps against the miscreants who have put up a shed in front of the residential house of the petitioner. The petitioner is inter alia seeking direction to afford protection to the lives of himself and his family members from the alleged atrocities of the miscreants who are camping in front of the petitioner's house. 2. The allegation is that, certain persons have put up a shed, right in front of the gate of the petitioner and some youngsters are playing cards and the game of dice in the shed. Petitioner noticed that Beer and hard liquor bottles were thrown in front of the gate of the petitioner, very often. He had produced Ext.P1 photograph to show the situation prevailing. It is evident that the shed is put up right in front of the gate of the petitioner, in a manner almost blocking the entry. It is alleged WP(C).28006/2011 2 that the shed is put up in a land belonging to the 2nd respondent Panchayat. Inspite of Exts.P2 and P3 complaints submitted by the petitioner before the respondents, no action is taken to remove the same. Hence this writ petition is filed. 3. Inspite of service of notice to the 2nd respondent nobody enters appearance. Learned Government Pleader appearing on behalf of the 1st respondent, on the basis of the instructions imparted to him, submitted that the shed in question is constructed in a purampoke land which is vested in the Lakkidi Peroor Grama Panchayat. However it is admitted that the shed is constructed in front of the petitioner's gate. 4. Considering the factual situation emerging as stated above, we are of the opinion that if the shed is put up by encroaching upon the land vested in the Grama Panchayat, it is for the 2nd respondent to take necessary steps to remove the encroachment. So also we direct the 1st respondent to look into the matter and to take steps to remove the shed if it is put up on the foot path or road margin of any public road. However, the necessary action in this regard shall be taken by the respondent considering Exts.P2 and P3, without any further delay. The 1st WP(C).28006/2011 3 respondent will also ensure that persons who are camping in the shed in question is not creating any sort of mischief, nuisance or obstruction to the inmates in the petitioner's house and for their peaceful life. It is also to be ensured that the ingress and egress of the petitioner to his residential house is not in any way obstructed by persons who are camping in the shed in question. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/