President, Kizhakkambalam Grama Panchayath Kizhakkambalam, Ernakulam v. Superintendent of Police, Ernakulam Rural, Aluva
2025-07-31
N.NAGARESH
body2025
DigiLaw.ai
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 3 rd 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 2 nd 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 petitioner filed a complaint before the 2 nd 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 2 nd 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 3 rd 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 installed their own bus shelter and took control of the traffic in the bus stand. Buses were forcibly directed to enter the bus stand where work was going on. They erected One-Way sign boards by forcibly removing the boards erected in the nearby area. They regulated the traffic. In spite of complaint, the police remained as silent spectators. 10. The facts disclosed by the petitioner-Panchayat show the attempt of certain persons to sabotage democratic administration of the Panchayat using muscle power and mob power. Under Section 227 of the Kerala Panchayat Raj Act , it is the duty and function of the Panchayat to provide public landing places and car stands. The Panchayat resolved to renovate and modernise the existing bus stand. It is the said effort of the Panchayat which is attempted to be defeated using man power and muscle power, for political considerations. 11.
The Panchayat resolved to renovate and modernise the existing bus stand. It is the said effort of the Panchayat which is attempted to be defeated using man power and muscle power, for political considerations. 11. In our country governed by rule of law and a Constitution, all those who swear by the Constitution should respect and follow the Constitution and abide by the rule of law. When a duly elected Panchayat Committee decides to discharge their statutory functions and public duty, the action of the Panchayat cannot be permitted to be defeated by physical force. 12. Going by the pleadings in the writ petition, it is found that certain persons have installed their own bus waiting shed in a public place. They have removed public sign boards and reinstalled the same at places they wish. They have dared even to divert traffic, which is essentially the function of the Local Self Government Institution and the Motor Vehicles Department. The mob force, in fact, has effectively taken over administration of a public place and even regulation of traffic illegally. Such act of mobocracy and vandalism cannot be ignored. If such mobocracy is permitted, that will be the beginning of the end of our democratic system and rule of law. Those powers who try to take over the administration of a Panchayat today may even try to take over the State and Union Administration tomorrow. It indeed is a threat to our democratic polity and republic. The police authorities shall not remain as mute spectators when such wanton vandalism is unleashed. The police authorities have to handle such situations with iron fist and enforce rule of law. 13. As held by the Hon'ble Apex Court in Tehseen S. Poonawalla v. Union of India and others [ (2019) 15 SCC 649 ], no individual in his own capacity or as a part of a group, which within no time assumes the character of a mob, can take law into his/their hands. That is contrary to the paradigm of established legal principles in our legal system and is inconceivable in a civilised society that respects the fundamental tenets of of rule of law. In case of anarchy, the State has to act positively. Horrendous acts of mobocracy cannot be allowed to become a new norm and has to be curbed by iron hands.
In case of anarchy, the State has to act positively. Horrendous acts of mobocracy cannot be allowed to become a new norm and has to be curbed by iron hands. In the facts and circumstances of the case, the writ petition is disposed of directing respondents 1 and 2 to give effective police protection to the petitioner- Panchayat, their officers, representatives, contractors, workers and suppliers to complete the modernisation work of the bus stand. Protection shall also be granted to the petitioner for removing the illegal encroachment in the bus stand and to prevent the entry of public and vehicles into the bus stand at Kizhakkambalam junction till the work of the bus stand is completed and the bus stand is officially declared open by the Panchayat. There will be a further direction to respondents 1 and 2 to enquire into and investigate the incidents happened on 04.07.2025, register crime if any illegal or criminal activity is revealed and take effective and appropriate steps to bring the offenders before the law.