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2025 Supreme(Ker) 2370
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J.
The President, Kizhakkambalam Grama Panchayath Kizhakkambalam, Ernakulam – Petitioner
Versus
The Superintendent of Police, Ernakulam Rural, Aluva and Ors. – Respondents
W.P.(C) No.26228 of 2025
Decided On : 31-07-2025
For the Petitioners: Shri. Blaze K. Jose, Smt. Gayathri A.L., Shri. Sebin K. Paulose, Smt. Afrus Shahana
For the Respondents: Sri. Rajeev Jyothish George, Government Pleader
Police must enforce rule of law against mobocracy obstructing government functions.
Headnote:This judgement pertains to the petition filed by the Kizhakkambalam Grama Panchayat seeking police protection against illegal encroachment and obstruction by respondents 3-11 during their renovation work at the bus stand. The court found the actions of the respondents as illegal and directed police to ensure safety to the petitioner's representatives and properties while completing the work. The court stated that mobocracy cannot be tolerated and emphasized the need for the rule of law. The petition was disposed of with a directive for police protection until the bus stand is officially opened. The final outcome verbatim states: 'The writ petition is disposed of directing respondents 1 and 2 to give effective police protection to the petitioner.'
| Table of Content |
|---|
| 1. petitioner seeks police protection for ongoing construction. (Para 1 , 2 , 3 , 4) |
| 2. petitioner highlights obstruction by political elements. (Para 5 , 6) |
| 3. court discusses the importance of lawful project execution. (Para 7 , 8 , 9) |
| 4. court states that mob rule threatens democratic governance. (Para 11 , 12) |
| 5. final direction for police investigation and protection. (Para 13) |
JUDGMENT :
N. NAGARESH, J.
The Kizhakkambalam Grama Panchayat is the petitioner. The petitioner seeks to command respondents 1 and 2 to afford adequate and sufficient police protection to officers, representatives, contractors and workers of the petitioner by removing the illegal encroachment in the bus stand and to prevent the entry of buses into the bus stand at Kizhakkambalam junction till the work of the bus stand is completed and is opened for the general public by the Panchayat.
2. The petitioner states that they face obstruction from political parties and their associates in every developmental work undertaken by the Panchayat. The Panchayat started renovation of its existing bus stand at Kizhakkambalam junction. The renovation contemplated establishment of various modern amenities like bus waiting area, toilets and cafeteria on the ground floor, restaurant on the first floor and women sale centre, e-facilitation centre and she gym on the second floor of the bus stand complex.
3. Works are already tendered and the contractors are proceeding with the work in good pace. The final stage and building construction is almost complete. The bus bay area, parking area and the parking ground is to be finally made ready with traffic arrangements. The bus stand is so far not open for public or buses since the works are going on. Opening the area for public and vehicles while the work is being carried out, will cause danger to the life of the public and will hinder the work.
4. On 04.07.2025, the 3rd respondent, who is the Ex-Panchayat President and a political party leader, with the intention of obstructing the work, forcibly trespassed into the bus stand removing the barricades and buses were forcibly directed to come inside the bus stand. They forcibly erected a temporary waiting shed without any authority or permission. They erected sign boards removing the sign boards erected in the nearby road. They took control of the traffic. The police stood as silent spectator as they belonged to the ruling party.
5. The petitioner states that the conduct of respondents 3 to 11 is highly illegal. The petitioner filed a complaint before the 2nd respondent-Station House Officer. However, on 06.07.2025, respondents 3 to 11 and their henchmen unlawfully assembled at the Panchayat bus stand without permission. They installed an iron waiting shed obstructing pedestrian movement. They intimidated the public and redirected vehicles. The 2nd respondent did not take any action. Hence, the petitioner is before this Court.
6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 and 2. Though notice was served on respondents 3 to 11, there is no representation for the said respondents.
7. The Kizhakkambalam Grama Panchayat resolved to renovate the existing bus stand at Kizhakkambalam junction providing modern amenities like bus waiting area, cafeteria, toilets, women's sale centre, e- facilitation centre, she gym, etc. After executing agreement with contractors, requisite materials were mobilised. The work is now at final stage.
8. To execute the work, the bus stand had to be closed keeping in mind the safety of citizens and time bound implementation of the project. The petitioner states that on 04.07.2025, the 3rd respondent, who is Ex- Panchayat President along with respondents 4 to 11 and others, forcibly trespassed into the bus stand after removing the barricades and damaged the median and other properties. They obstructed the construction activities and forcibly opened the bus stand premises.
9. They instal
