JAMES N J v. DILEEP

Adv.K.V.Sabu No Advocate SRI.SUNIL KUMAR KURIAKOSE - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 39108 OF 2023 3 JUDGMENT The petitioner, who claims to be a septuagenarian, alleges that the 1st respondent is acting in a “hostile manner” to him and that he has illegally constructed a shop room in front of his own shop, without any licence from the Authorities concerned.

2. Smt.N.S.Hasna Mol – learned counsel for the petitioner, submitted that the 1st respondent is creating ‘dangerous situation’ for her client by making his customers to park vehicles in front of his shop and thus obstructing his right of way, which also causes inconvenience to pedestrians. She added that, even though her client had approached respondents 2 to 8 to initiate action against the 1st respondent ‘for illegally taking a room’ (sic) without any valid licence, no action has yet been taken. She, therefore, prayed that respondents 2 to 8 be directed to initiate appropriate action, within a time frame to be fixed by this Court.

3. Sri.K.V.Sabu – learned counsel appearing for the 1st respondent, however, submitted that the petitioner appears to be acting on a delusional basis because, every allegation of his is not merely factually untenable or wrong, but has been found to be so by the competent Authorities through various investigations. He submitted that his client has no information as to why the petitioner is WP(C) NO. 39108 OF 2023 4 acting against him in such manner, but that this has now subjecting him to great harassment.

4. Sri.Sunil Kumar Kuriakose – learned Government Pleader, interestingly, supported the 1st respondent, saying that even though the Police made extensive enquiries, including by taking statements of the petitioner’s wife and family members, they all seem to indicate that he is acting on account of some reason which is ineffable. He added that the petitioner’s wife has stated that her husband appears to “commence fight with people without any attempt to make a good relationship” (sic) and that he has an anger problem.

5. Be that as it may, if there is any illegal action on the part of the 1st respondent, the Authorities are bound to act.

6. Since the petitioner makes his 1st prayer, that a direction be issued to the 1st respondent to ensure that there is no obstructive parking in front of his shop, I see no reason why it should not be acceded to because, this is how the law is also declared. However, as regards his contentions against the alleged shop room created by the 1st respondent, the petitioner must invoke his alternative remedies, either before a competent Civil Court or before the Local Self Government Institution or such other Authorities, as may be warranted in law. WP(C) NO. 39108 OF 2023 5 In the afore circumstances: (a) The relief sought for by the petitioner against the alleged shop room constructed by the 1st respondent is not considered and the issues qua the same are left open for him to impel and pursue before the alternative forums, including competent Civil Court or Local Self Government Institution. (b) As regards the request of the petitioner, that the 1st respondent be directed not to cause any parking in front of his shop in an obstructive manner, the 3rd respondent – Station House Officer will ensure, through sufficient methods, that such is averted or removed without delay because, it is a fundamental imperative for any citizen to have proper access to his or her residence or commercial properties. This writ petition is thus ordered. Sd/- DEVAN RAMACHANDRAN JUDGE MC/9.1 WP(C) NO. 39108 OF 2023 6 APPENDIX OF WP(C) 39108/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 Exhibit P12 PHOTOGRAPHS SHOWING THE FOOTPATH ON PUBLIC ROAD AT VARAPPUZHA FERRY ROAD, CHERANELLOOR TRUE COPY OF THE COMPLAINT DATED 28.11.2022 BEFORE THE PWD ENGINEER CHERANELLOOR, SHO CHERANELLOOR POLICE STATION, TRAFFIC EYE (CITY POLICE) TRAFFIC POLICE EDAPPALLY AND WARD MEMBER TRUE COPY OF THE COMPLAINT DATED 25.2.2023 FILED BY THE PETITIONER BEFORE THE CITY POLICE COMMISSIONER AGAINST THE 1ST RESPONDENT TRUE COPY OF COMPLAINT DATED 10.7.2023 SUBMITTED BY THE PETITIONER BEFORE THE ADDITIONAL DIRECTOR GENERAL OF POLICE, ANTI NARCOTIC SPECIAL CELL THIRUVANANTHAPURAM TRUE COPY OF THE COMPLAINT DATED 10.8.2023 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR TRUE COPY OF THE COMPLAINT DATED 11.8.2023 FILED BY THE PETITIONER BEFORE THE MINISTER OF PUBLIC WORKS DEPARTMENTS TRUE COPY OF THE COMPLAINT DATED 14.10.2023 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA TRUE COPY OF THE FIR IN CRIME NO.579/2019 OF CHERANELLORE POLICE STATION TRUE COPY OF THE FIR IN CRIME NO. 1115/2023 OF CHERANELLORE POLICE STATION TRUE COPY OF WPC 33280/2023 FILED BY THE 1ST RESPONDENT BEFORE THIS HON'BLE COURT WITHOUT ITS EXHIBITS TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONER IN W.P.(C) NO. 33280/2023 WITHOUT ITS EXHIBITS TRUE COPY OF THE ORDER DATED 17.10.2023 IN W.P.(C) NO. 33280/2023 OF THIS HON'BLE COURT RESPONDENT ANNEXURES Annexure R3(a) Annexure R3(b) True copy of the statement of the petitioner s wife True copy of the of the statement of the petitioner s daughter-in-law