IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27119 of 2009(H)
1. JOSE JOSEPH, S/O. T.I. JOSEPH,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE CHIEF
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. THE SUPERINTENDENT OF POLICE,
4. DEPUTY SUPERINTENDENT OF POLICE,
5. SECRETARY, KANJIRAPPALLY GRAMA
6. ABDUL AZIZ, S/O. ABDULLA AGED 78 YEARS,
7. KAMARUDIN, S/O. ABDUL AZIZ,
8. S.I. OF POLICE, KANJIRAPPALLY
For Petitioner :SRI.SHAJI P.CHALY
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :30/09/2009
O R D E R
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.