IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WA.No. 214 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.34840/2010 .................... APPELLANT(S): PETITIONER ------------------------ K.N.VIJAYAKUMAR, S/O. NARANA, AGED KALATHIL HOUSE, PONNAD P.O.,ALAPPUZHA BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE SCHEDULED CASTE DEVELOPMENT OFFICER, ALAPPUZHA. BY G.P. SRI. K.P. SANTHOSH KUMAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & BHABANI PRASAD RAY, JJ. -------------------------------------------- W. A. No. 214 of 2011 -------------------------------------------- Dated this the 1st day of March, 2011 JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant. Appellant's case is that he is the victim of offences committed under Section 3(1)(xv) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to him, he was denied emergency relief by the District Authorities, namely, District Magistrate or Sub Divisional Magistrate. However, the learned single Judge found that the alleged offence took place on 12.4.1998 and the claim for immediate relief under Rule 12(4) of the Rules was filed by the appellant in 2007, that is after 9 years of the incident. Even though counsel for the appellant pointed out that relief under Rule 12(4) can be claimed only after filing of the charge sheet, we are unable to accept the same because relief under Rule 12(4) from public authorities is unconnected with filing of the charge sheet against the accused. Moreover what we find is that the dispute arose on account of the allegation that accused encroached upon appellant's 2 property for widening of the road. We do not find any merit in the Writ Appeal and the same is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (BHABANI PRASAD RAY) Judge. kk 3