WP(C) NO. 40489 OF 2024 1 2025:KER:26030 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 40489 OF 2024 PETITIONER: SOUMYA MOL AGED 38 YEARS W/O.ANILKUMAR, VADAKKEKANNIYADATH HOUSE, MUPPATHADAM KARAYIL, KADANGALLUR.P.O., ERNAKULAM DIST., PIN - 683110 BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH SRI.M.K.FAISAL SRI.SEBASTIAN.K.C. SRI.AKHIL FAISAL RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, THE DEPARTMENT OF HOME AFFAIRS, GROUND FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM. P.O., PIN - 695034 2 THE DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, MUNNAR ROAD,ALUVA , ERNAKULAM DIST., PIN - 683101 3 THE STATION HOUSE OFFICER ALUVA WEST POLICE STATION, KOTTAPURAM, ALANGADU.P.O., PIN - 683511 4 THE SECRETARY ALANGADU GRAMA PANCHAYATH, ALANGADU .P.O., PIN - 683511 WP(C) NO. 40489 OF 2024 2 2025:KER:26030 5 SHINOJ KUMAR S/O. KRISHNANKUTTY, PAREPPALLATH HOUSE, NEERIKODE KARAYIL, ALANGADU .P.O., ERNAKULAM DIST., PIN - 683511 6 AKHIL S/O.JAYAKUMAR, PLAKKATT VEETTIL HOUSE, NEERIKODE KARAYIL, ALANGADU .P.O., ERNAKULAM DIST., PIN - 683511 BY ADVS. SRI.DINESH MATHEW J MURIKAN SRI.VINOD S. PILLAI(K/631/2012) SRI.MOHAMMED THAYIB N.M.(K/1451/2019) SMT.NAYANA VARGHESE(K/283/2021) SMT.RIA VARGHESE(K/1367/2023) SRI.JERRY PETER(K/3088/2023) SRI.AJITH VISWANATHAN, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 40489 OF 2024 3 2025:KER:26030 JUDGMENT Dated this the 26th day of March, 2025 The writ petition is filed to direct the respondents 2 and 3 to afford adequate police protection to the petitioner to demolish the unauthorised construction that has been carried out in the petitioner’s property by the respondents 5 and 6. 2. The petitioner is the owner of a building, which was given on lease to the respondents 5 and 6 as per Ext.P1 rent agreement. During the tenure of lease, the respondents 5 and 6 have unauthorisedly constructed structures in the petitioner’s property. Now, the 4th respondent had issued Ext.P2 order, directing the unauthorised construction to be demolished. Consequently, the petitioner has approached the 3rd respondent to enforce Ext.P2 order. However, the 3rd respondent has not taken any action in the matter. The inaction on the part of the 3rd respondent is arbitrary. Hence, the writ petition. WP(C) NO. 40489 OF 2024 4 2025:KER:26030 3. Heard; the learned counsel for the petitioner and the learned Government Pleader. 4. On a reading of the averments in the writ petition, it is evident that, the respondents 5 and 6 are statutory tenants as per Ext.P1 agreement. 5. The petitioner’s case is that, the respondents 5 and 6 have carried out unauthorised constructions in her property, which are directed to be demolished by the 4th respondent as per Ext.P2 order. Therefore, Ext.P2 order may be enforced with the aid of the police. 6. As Ext.P2 order is passed by the 4th respondent under the provisions of the Kerala Panchayat Building Rules, it will be upto the petitioner to submit a representation before the 4th respondent, expressing her inability to enforce Ext.P2 order and that it was the respondents 5 and 6 who carried out the unauthorised constructions. If such representation is filed, the 4th respondent shall consider the representation, in accordance with law, after affording the petitioner and WP(C) NO. 40489 OF 2024 5 2025:KER:26030 the respondents 5 and 6 an opportunity of being heard. In case the 4th respondent is convinced that Ext.P2 order is to be enforced, they would be at liberty to seek necessary assistance from the 3rd respondent. The writ petition is ordered accordingly. Sd/- C.S.DIAS JUDGE NAB WP(C) NO. 40489 OF 2024 6 2025:KER:26030 APPENDIX OF WP(C) 40489/2024 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE RENT AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 5TH AND 6TH RESPONDENTS DT. 16.6.2023 EXHIBIT P2 THE TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DT. 6.8.2024 EXHIBIT P3 THE TRUE COPY OF THE APPLICATION TO SHO BY THE PETITIONER DT.12.8.2024 EXHIBIT P4 THE TRUE COPY OF THE APPLICATION TO DISTRICT POLICE CHIEF BY THE PETITIONER DT.12.8.2024