Rohineeswaran v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 WP(C).No. 7298 of 2013 (J) -------------------------------------- PETITIONER(S):

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1. ROHINEESWARAN, S/O.KOCHUPALLI CHANNAR, MAMPALLI HOUSE, VETTIYAR MURI VETTIYAR VILLAGE, MAVELIKKARA, ALAPPUZHA DISTRICT.

2. VENUGOPALAKURUP, S/O.RAMAKRISHNAN UNNITHAN, CHERUKARAKIZHAKKETHIL HOUSE, VETTIYAR MURI, VETTIYAR VILLAGE, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADVS.SRI.B.PRAMOD SRI.S.K.SAJI RESPONDENT(S):

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1. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR SUB DIVISION, ALAPPUZHA-688001.

2. THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION-690509.

3. SREEKUMAR, S/O.SREEDHARAN NAIR, KOIPALLY HOUSE, EREZHA VADAKKUM MURI, KANNAMANGALAM VILLAGE, MAVELIKKARA TALUK-690509.

4. JAYALEKHA, W/O.JAYAKUMAR, JAYABHAVANAM, VETTIYAR MURI, VETTIYAR VILLAGE, MAVELIKKARA TALUK-690509.

R1 & 2 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R3 BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.MANU SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 7298 of 2013 (J) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

TRUE COPY OF THE POSSESSION CERTIFICATE DATED 25.01.2013 ISSUED TO THE IST PETITIONER.

EXHIBIT P2.

TRUE COPY OF THE PERMIT DATED 04.03.2013 ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, ALAPPUZHA.

EXHIBIT P3.

TRUE COPY OF THE CHELAN DATED 04.03.2013 SHOWING REMITTANCE OF THE ROYALTY.

EXHIBIT P4.

TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 17.01.2013 ISSUED BY THE THAZHAKKARA GRAMA PANCHAYAT.

EXHIBIT P5.

TRUE COPY OF THE PLAINT IN OS NO.73/2013 BEFORE THE MUNSIFFS COURT, MAVELIKKARA.

EXHIBIT P6.

TRUE COPY OF THE COMPLAINT DATED 11.03.2013 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P7.

TRUE COPY OF THE POSTAL RECEIPT SHOWING THE DISPATCH OF THE EXT. P6 COMPLAINT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.7298 of 2013 ---------------------------------------- Dated this the 23rd day of November 2015

J U D G M E N T

Shaffique, J This writ petition is filed seeking for police protection for extraction of laterite building stone based on a permit issued by the competent authorities.

2.

The learned Government Pleader, on instructions, would submit that the permit period has already been expired. Under such circumstances, we do not think that any direction, as sought for, is required to be passed in this writ petition. Accordingly, we close this writ petition. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/23/11/2015