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High Court of KeralaWP(C)/13766/2013dismissed as infructuous

Joseph Fernandez v. Sub Inspector Of Police

2015-10-20Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 WP(C).No. 13766 of 2013 (U) ---------------------------- PETITIONER(S):

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1. JOSEPH D FERNANDEZ S/O.DAVID, MANAGING DIRECTOR ST.JOSEPH INTERNATIONAL ACADEMY KUMBALAM KOLLAM-691503.

2. JOHNSON K.

JOBIN SADANAM, KANJIRACODE, KUNDARA KOLLAM-691501.

BY ADVS.SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN SRI.NELSON JOSEPH SRI.M.D.JOSEPH RESPONDENT(S):

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1. SUB INSPECTOR OF POLICE KUNDARA, KOLLAM.

2. LALITHAMBIKA W/O.JAMES, RESIDING AT HOUSE NO.62, WARD NO.6 RAJEEV BHAVANAM, KUMBALAM P.O., PERAYAM CHERI MULAVANA VILLAGE, KOLLAM.

R2 BY ADV. SRI.R.NIKHIL R2 BY ADV. SRI.P.ABDUL RAZAK R1 BY SR. GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13766 of 2013 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE SENIOR GEOLOGIST. EXHIBIT-P2: TRUE COPY OF THE REPORT DATED 14.3.2013 OF THE VILLAGE OFFICER ALONG WITH MAHASSAR AND SKETCH FORWARDED TO THE RDO. EXHIBIT-P3: TRUE COPY OF THE JUDGMENT DATED 22.3.2013 IN W.P.(C) 8207/2013. EXHIBIT-P4: TRUE COPY OF THE ORDER DATED 4.5.2013 BEARING NO.B/3247/2013 ALONG WITH NO OBJECTION CERTIFICATE ISSUED BY THE REVENUE DIVISIONAL OFFICER. EXHIBIT-P5: TRUE COPY OF THE INJUNCTION ORDER DATED 10.4.2013 IN I.A.1308/2013 IN O.S.291/2013.

EXHIBIT-P6: TRUE COPY OF THE COMMISSION REPORT IN O.S.286/2013. EXHIBIT-P7: TRUE COPY OF THE COMMISSION REPORT IN O.S.291/2013. EXHIBIT-P8: TRUE COPY OF THE COMPLAINT DATED 18.5.2013 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT-P9: TRUE COPY OF THE RECEIPT OF EXT P8 COMPLAINT. EXHIBIT-P10: TRUE COPY OF THE COMPLAINT DATED 25.5.2013 FILED BEFORE THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- EXHIBIT R2(A) - TRUE COPY OF THE JUDGMENT DATED 11.3.2009 IN WP(C) .7385 OF 2009. EXHIBIT R2(B) - TRUE COPY OF THE ORDER DATED 12.6.2013 IN WP(C).14853 of 2013. // TRUE COPY // P.A. TO JUDGE sou.

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 13766 of 2013 --------------------------------------------------------------- Dated this the 20th day of October, 2015

JUDGMENT

Shaffique, J This writ petition has been filed seeking police protection for carrying on quarrying activity.

2. Learned counsel for the respondent would submit that the permit granted by the State has already been stayed by this Court, which is still in force. The stay order is produced as Exhibit R2(b).

3. Having regard to the aforesaid fact situation we do not think that a direction as prayed for can be granted in this writ petition. The Writ Petition is dismissed with liberty to the petitioner to approach the police as and when cause of action arises.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.

// True copy // P.A. To Judge