IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 15648 of 2011(E) --------------------------------- PETITIONER(S): ----------------------- 1. SMT. AMBIKA, W/O. SUKU, ODIPAATTIL PARAMBU, AZAD ROAD, KALOOR, KOCHI 682 017, ERNAKULAM DISTRICT. 2. SMT. PUSHPA JOHN, PALLIPARAMBIL HOUSE AZAD ROAD,KALOOR, KOCHI 682 017,ERNAKULAM DISTRICT BY ADV. SMT.SANDHYA RAJU SRI.M.R.JAYAPRASAD RESPONDENT(S): -------------------------- 1. THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE DISTRICT COLLECTOR, COLLECTORATE CIVIL STATION, KAKKANADU, ERNAKULAM PIN 682 030. 3. THE SECRETARY, CORPORATION OF KOCHI ERNAKULAM KOCHI 682 011. 4. THE INSPECTOR GENERAL OF POLICE I G OFFICE, ERNAKULAM RANGE, ERNAKULAM RANGE, ERNAKULAM KOCHI 682 031. 5. THE COMMISSIONER OF POLICE, ERNAKULAM KOCHI 682 011. 6. THE CIRCLE INSPECTOR OF POLICE, KOCHI CITY TRAFFIC POLICE STATION, EDAPALLY ERNAKULAM KOCHI 682 024. tss W.P.(C) NO.15648/2011 7. THE CIRCLE INSPECTOR OF POLICE ERNAKULAM TOWN NORTH POLICE STATION ERNAKULAM KOCHI 682 018. 8. RAJESH, AGED ABOUT 42 YEARS, S/O.KAJARWAL, DOOR NO, 35/ KAJARWAL HOUSE AZAD ROAD, KALOOR , KOCHI 682 017. 9. TROPICAL TRADERS, MAHARAJAS, STADIUM COMPLEX, P.T.USHA ROAD, ERNAKULAM KOCHI 682 011 REPRESENTED BY ITS SHAMSUDDIN. 10. PREM KUMAR, FLOOR STYLE, GODOWN NO.2 36/2731, KALOOR,KOCHI 682 017. R1,2, 4 TO 7 BY GOVT. PLEADER SMT.C.M.CHARISMA R3 BY ADV. SRI.P.K.SOYUZ R3 BY ADV. SRI.SEENA RAMAKRISHNAN R8 BY ADV.SRI.P.CHANDRASEKHAR, SRI.THOMAS M.JACOB. R9 BY ADV. SRI.P.M.MOHAMMED SHIRAZ R10 BY ADV. SRI.THOMAS ANTONY, SRI.M.P.PRAKASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.15648/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MASS PETITION DTD. 9.3.2009. P2:- COPY OF THE COMPLAINT FILED BY THE IST PETITIONER TO THE 2ND RESPONDENT DT 14.12.2010. P3:- COPY OF THE COMPLAINT FILED BY THE FIRST PETITIONER TO THE S.I. VANITHA POLICE STATION, DT. 15.12.2010. P4:- COPY OF THE SECOND PETITIONER DT. 15.12.2010. P5:- COPY OF THE COMPLAINT FILED BY THE FIRST PETITIONER TO THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION DT.D 17.12.2010. P6:- COPY OF THE COMPLAINT FILED BY THE FIRST PETITIONER BEFORE THE INSPECTOR GENERAL OF POLICE, CENTRAL ZONE, ERNAKULAM DT.D 9.3.2011. P7:- COPY OF THE LETTER GIVEN BY THE OFFICE OF THE 3RD RESPONDENT DTD. 10.3.2011. RESPONDENT'S EXHIBITS R8(a):- COPY OF THE FIRE REPORT DT.D 8.3.2011 OF STATION OFFICER, FIRE & RESCUE STATION, ERNAKULAM. R8(b):- COPY OF THE SHOWING THE BUILDING WHERE 8TH RESPONDENT RESIDE. R8(c):- COPY OF THE SHOWING THE HOUSE OF THE IST PETITIONER AND AZAD ROAD. R8(d):- COPY OF THE WRITTEN COMPLAINT OF 8TH RESPONDENT SUBMITTED ON 18.12.2010 TO THE SUB INSPECTOR OF POLICE. R8(e):- COPY OF THE COMPLAINT DT.D 24.2.2011 BY THE 8TH RESPONDENT TO THE 5TH RESPONDENT. R8(f):- COPY OF THE RECEIPT DTD. 26.2.2011 ISSUED BY THE OFFICE OF THE INSPECTOR GENERAL OF POLICE, ERNAKULAM. R8(g):- COPY OF THE COMPLAINT SUBMITTED 16.6.2011 BY WIFE OF THE 8TH RESPONDENT TO THE SUB INSPECTOR OF POLICE KASBA POLICE STATION, ERNAKULAM. R8(h):- COPY OF THE RECEIPT DTD. 16.6.2011 ISSUED BY SUB INSPECTOR OF POLICE VANITHA POLICE STATION, ERNAKULAM. tss W.P.(C) NO.15648/2011 R8(i):- COPY OF THE COMPLAINT DTD. 18.6.2011 OF THE 8TH RESPONDENT TO THE SUB INSPECTOR OF POLICE, KASBA POLICE STATION, ERNAKULAM. R8(j):- COPY OF THE DTD. 17.12.2010 OF THE SECRETARY, AZAD ROAD SOUTH RESIDENTS' ASSOCIATION TO THE SUB INSPECTOR OF POLICE KASBA POLICE STATION, ERNAKULAM. R8(k):- COPY OF THE CONSENT LETTER DT.D 2.6.2011 OF THE RESIDENTS OF AZAD ROAD TO THE 8TH RESPONDENT. R9(a):- COPY OF THE COMPLAINT DTD. 21.6.2011. R9(b):- COPY OF THE TESTIMONIAL DTD 2.6.2011. R10(a):- PHOTOGRAPH SHOWING THE GODOWN. TRUE COPY P.S. TO JUDGE tss PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 15648 of 2011 --------------------------------- Dated this the 11th day of August, 2011 JUDGMENT Pius C.Kuriakose ,J. Petitioners in this writ petition, two ladies are voicing several grievances. Initially their grievance is that on account of lorries visiting the godown situated on the nearby property belonging to the wife of respondent No.8, life has become miserable for the petitioners in their residential house. It is alleged that though Exts.P1,P3,P4 and P5 complaints submitted by them, the police have not taken any action. The first relief sought is a direction to the police to take action on the complaints. Other reliefs sought for are that the commissioner of police, 5th respondent shall supervise the action taken by his subordinates, respondent No.6 Circle Inspector of Police, Kochi City Traffic Police Station and respondent No.7 Circle Inspector of Police, Ernakulam Town North Police Station. There is yet another reliefs sought for, i.e., appropriate action should be taken by the 2nd respondent District Collector on the complaints of public WP(C) .15648/2011 2 nuisance voiced by the petitioners. Lastly there is a further prayer that the permit issued by the 3rd respondent to the 8th respondent for the functioning of the godown be quashed. 2. We have heard counsel appearing for the various parties in detail. Smt.C.M.Charisma, learned Government Pleader submitted on the basis of the instructions received that crime 1172/11 has been registered by Ernakulam Town North Police Station in which the 8th respondent is the accused. She also submitted that against the driver of one of lorries which came to the godown crime No.6912/2011 has been registered as the lorry was being brought in a manner as to obstruct the public's user of the way. According to the learned Government Pleader, appropriate action will be taken whenever complaints are received from the petitioners after due enquiry. The 8th respondent submitted that the petitioners and the 8th respondent are neighbors and the 8th respondent does not have any enmity and always wants to have a peaceful and cordial relationship with the petitioners. He suggested that the parties be directed to sort out their grievances by sitting around a table. 3. Having considered the rival submissions at the bar, the WP(C) .15648/2011 3 only question to be considered in our present jurisdiction is whether reliefs sought for can be granted. We notice that crime Nos.1172/11 and 6912/11 have been registered by the police. We direct the police authorities to conduct investigation sincerely and to file final report in those crimes at the earliest. Learned Government Pleader has assured us that if complaints are received in future from the petitioners, those complaints will be enquired into readily and appropriate action as warranted from the information revealed in the enquiry shall be taken. We record the above assurance. We dispose of the writ petition accordingly. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .15648/2011 4