IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 27119 of 2009(H) -------------------------- PETITIONER(S): --------------- JOSE JOSEPH, S/O. T.I. JOSEPH, AGED 51 YEARS, KOKKAPPALLY HOUSE, KOOVAPALLY,KANJIRAPPALLAY -18. BY ADV. SRI.SHAJI P.CHALY RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, 3. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 4. DEPUTY SUPERINTENDENT OF POLICE, KANJIRAPPALLY. 5. SECRETARY, KANJIRAPPALLY GRAMA PANCHAYATH, KANJIRAPPALLY. 6. ABDUL AZIZ, S/O. ABDULLA AGED 78 YEARS, THATTATHIL HOUSE, KANJIRAPPALLY, KOTTAYAM DIST. 7. KAMARUDIN, S/O. ABDUL AZIZ, AGED 42 YEARS, THIETTATHIL HOUSE, KANJIRAPPALLY. 8. S.I. OF POLICE, KANJIRAPPALLY POLICE STATION, KANJIRAPPALLY. R1 TO R4, R8 BY GOVT. PLEADER SRI.I.V.PRAMOD R5 BY ADV.V.K.SUNIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27119 OF 2009 ------------------------------------------- Dated this the 30th day of September, 2009 JUDGMENT Notice to respondents 6 and 7 dispensed with, preserving their right for re-hearing of the matter, if aggrieved by the order being issued hereunder. The petitioner is aggrieved by the alleged inaction in relation to certain construction activity done by respondents 6 and 7. It is stated on behalf of the 5th respondent grama panchayat that a stop memo was issued and that construction was being carried out in violation of the stop memo and further that, later, the issue apparently snowballed into a law and order matter and hence, the panchayat had convened different meetings to find a negotiated settlement to such issues. It has to be laid down, with emphasis, that law cannot be got over by a law and order situation. Come what may, rule of law shall prevail. This is the guarantee of the Constitution. This WPC.27119/09 Page numbers guarantee is available to every citizen. Merely because there is an assembly, be it unlawful or not, rule of law cannot be flouted. The police authorities are duty bound to see that orders passed by the Local Self Government Institutions are strictly enforced if the LSGIs seek support of the police. Therefore, subject to any negotiated settlement of the law and order situation, it is ordered that the police authorities will give complete support and do the needful in accordance with law, on the basis of any request that the 5th respondent makes or has already made. Any disobedience of lawful directions has necessarily to be dealt with by the due process of law. It is so directed and the writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.3/10.