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Smart Summary

Factual and Procedural Background

The petitioners, office-bearers of Sreeswaprakasha Trust (trust created by Brahmasree Swaprakashanantha Bharathi), sought permission to construct a compound wall around trust property and to put up a Meditation Hall and Ashram. Ext.P5 is the building permit; Ext.P6 is an order of the Tahasildar which was challenged and, by Ext.P12 judgment, this Court quashed that order while noting that quashing would not prevent authorities from taking action in pursuance of Annexure-2 in accordance with law. The petitioners alleged ongoing obstruction and harassment by respondents in constructing the compound wall and alleged that respondents 5 and 6 had dumped vehicles and articles on the trust property. The petitioners sought writs directing respondents to desist from obstruction and to remove seized vehicles/articles, and directions for adequate police protection.

Legal Issues Presented

  1. Whether respondents should be directed to desist from obstructing, harassing or preventing the petitioners and their workers from constructing the compound wall around the Ext.P2 property pursuant to Ext.P5 permit and remove any seized vehicles/articles from the trust property.
  2. Whether respondents should be directed to provide adequate and effective police protection to the petitioners, other members of the trust and their workers in constructing the compound wall around Ext.P2 property pursuant to Ext.P5 permit.

Arguments of the Parties

Petitioners' Arguments

  • The petitioners are entitled to construct the compound wall pursuant to Ext.P5 building permit; the trust owns the property by gift deed.
  • Ext.P6 (Tahasildar's order) was quashed by this Court by Ext.P12 judgment, but despite that quashing there is ongoing obstruction and harassment preventing construction.
  • Respondents 5 and 6 have dumped seized vehicles and other articles on the trust property and/or have vehicles in custody on the property.

Respondents' (Government Pleader) Submissions

  • There is no harassment and no crime has been registered against the petitioners.
  • No vehicles have been dumped and no vehicles are parked on the petitioners' property.
  • If vehicles are found parked on the petitioners' property despite these assurances, the petitioners may approach the 3rd respondent, who will investigate and remove any vehicles belonging to respondents if they are found inside the petitioners' property.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Ext.P12 judgment Quashing of Ext.P6 (Tahasildar's order) and clarification that quashing will not prevent authorities from taking action in pursuance of Annexure-2 in accordance with law. The Court noted Ext.P12 judgment and its clarification as part of the case history; the petitioners relied on that judgment while alleging continued obstruction despite the quashing of Ext.P6.

Court's Reasoning and Analysis

The Court heard learned counsel for the petitioners and the learned Government Pleader. The Court recorded the Government Pleader's assurances that there was no harassment, no crime registered, and no vehicles dumped or parked on the petitioners' property, and that the 3rd respondent would investigate and remove any respondent-owned vehicles found on the property. On that basis, and having noted the factual and procedural history including Ext.P12, the Court proceeded to dispose of the writ petition in accordance with the assurances and statements recorded.

Holding and Implications

DISPOSED OF

The writ petition was disposed of by the Court as recorded: the Court accepted the respondents' assurances and directed that if vehicles are found on the petitioners' property the petitioners may approach the 3rd respondent who will look into the matter and remove respondent-owned vehicles if found. The direct effect is that the petition is disposed; the opinion does not set out broader precedent or new legal principles.

    K. Raghavan Nair v. State Of Kerala

    JUDGMENT

    K.M Joseph, J.

    The petitioner has approached this Court seeking the following reliefs:

    i) To issue a writ in the nature of mandamus or any other appropriate writ, direction or order directing respondents to desist from causing obstruction, harassing and preventing the petitioners, other members of the trust and their workers in constructing the compound wall around Ext.P2 property as per Ext.P5 permit and direct respondents 2 to 6 to remove the seized custody of vehicles and articles from the trust property.

    ii) Issue a writ in the nature of mandamus or any other appropriate writ direction or order directing the respondents to afford adequate and effective police protection to the petitioners, other members of the trust and their workers in constructing the compound wall around Ext.P2 property as per Ext.P5 permit.

    2. Briefly put, the case of the petitioner is as follows:

    The petitioners are the President and Secretary of Sreeswaprakasha Trust created by Brahmasree Swaprakashanantha Bharathi for the unification of Hindus and spreading the message of Hindu Dharma. He dedicated and transferred his self acquired property to the Trust as per Gift Deed. The petitioner wants to put up a Mediation Hall, Asramom and the Trust has decided to construct a compound wall. Ext.P5 is the building permit. Ext.P6 is the order of the Tahasildar. The petitioner challenges the same and by Ext.P12 judgment, this court quashed the said order making it clear that quashing of Ext.P6 or the work undertaken on the strength of the judgment will not prevent the authorities from taking any action against the Trust in pursuance of Annexure-2 in accordance with law. Despite, Ext.P12 judgment, there is obstruction in constructing the compound wall by harassing the petitioners. It is also stated that respondents 5 and 6 dumped all the seized vehicles and other articles in the trust property.

    3. We heard the learned counsel for the petitioners and the learned Government Pleader.

    4. The learned Government Pleader would submit that there is no harassment. No crime has been registered and there will be no harassment of the petitioner. It is also submitted by the learned Government Pleader that no vehicles have been dumped and no vehicles have been parked in the property of the petitioner. If despite the assurance of the respondents, the vehicles are found parked in the property of the petitioner, the petitioner can move the 3rd respondent and the 3 respondent will look into the same and if it is found that the vehicles of the respondents are parking inside of the property of the petitioners, they shall be removed.

    The writ petition is disposed of as above.

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    Comments

    K. Raghavan Nair v. State Of Kerala
    (Sep 18, 2012)