High Court of KeralaWP(C)/14495/2015closed

Shibu Jacob v. Director General Of Police

2015-06-24Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan5 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 WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 WP(C).No. 14495 of 2015 (J) ---------------------------- PETITIONERS :

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1. SHIBU JACOB, S/O.K.J.JACOB, AGED 55 YEARS, HOUSE NO 21, T.C NO.3/214 KUDAPPANAKKUNNU VILLAGE, THIRUVANANTHAPURAM - 695025.

2. MAYA JACOB, W/O.SHIBU JACOB, AGED 53 YEARS, HOUSE NO 21, T.C.NO.3/214 KUDAPPANAKKUNNU VILLAGE, THIRUVANANTHAPURAM-695 025.

BY ADV. SRI.SREEKANTH S.NAIR RESPONDENTS :

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1. DIRECTOR GENERAL OF POLICE O/O.DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001

2. DISTRICT POLICE CHIEF O/O. DISTRICT POLICE CHIEF THIRUVANANTHAPURAM-695001

3. CIRCLE INSPECTOR OF POLICE PEROORKADA POLICE STATION, PEROORKADA P.O., THIRUVANANTHAPURAM-695 025.

4. K.A. SALIM, PRESIDENT SANTHOSH NAGAR RESIDENTIAL ASSOCIATION, HOUSE NO. 22 MUTTADA P.O., THIRUVANANTHAPURAM - 695 025.

5. BABU CYRIAC VICE PRESIDENT SANTHOSH NAGAR RESIDENTIAL ASSOCIATION, HOUSE NO.11 MUTTADA P.O., THIRUVANANTHAPURAM-695 025.

6. PHILIP, SECRETARY, SANTHOSH NAGAR RESIDENTIAL ASSOCIATION HOUSE NO 14, MUTTADA P.O., THIRUVANANTHAPURAM-695025. ...2/-

WP(C).No. 14495 of 2015 (J) -2-

7. SATHESH, S/O.SREEDHAR, AGE 45 YEARS PALLIVILA VEEDU, HOUSE NO.46 LMS NAGAR, MUTTADA P.O., THIRUVANANTHAPURAM-695 025.

R1 TO R3 BY ADDL. ADVOCATE GENERAL SRI. P.C. IYPE BY SR. GOVT. PLEADER SRI.C.R. SYAMKUMAR R4 & R6 BY ADV. SRI.D.KISHORE R5 BY ADVS. SRI.MANUEL KACHIRAMATTAM SMT.MERRY GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/-

WP(C).No. 14495 of 2015 (J) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1:- TRUE COPY OF IDENTITY CARD ISSUED TO IST PETITIONER. EXT. P2:- TRUE COPY OF TAX RECEIPT NO 10162 DTD. 2/5/2015 ISSUED TO IST PETITIONER.

EXT. P3:- TRUE COPY OF TAX RECEIPT NO 10162 DTD. 2/5/2015 ISSUED TO 2ND PETITIONER.

EXT. P4:- TRUE COPY OF NO OBJECTION CERTIFICATE DTD. 18/1/2014 ISSUED BY AIRPORT AUTHORITY OF INDIA.

EXT. P5:- TRUE COPY OF CONSENT FOR ESTABLISHMENT DTD 20/12/2014 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD. EXT. P6:- TRUE COPY OF NO OBJECTION CERTIFICATE DTD 27/1/2015 ISSUED BY AIRPORT AUTHORITY OF INDIA.

EXT. P7:- TRUE COPY OF RECEIPT DTD 26/2/2015 REMITTING RS 7,45,610/- BEFORE CORPORATION OF THIRUVANANTHAPURAM.

EXT. P8:- TRUE COPY OF BUILDING PERMIT NO. E10/BA/426/13 BY CORPORATION OF THIRUVANANTHAPURAM.

EXT. P9:- TRUE COPY OF COMPLAINT DTD. 5/5/2015 SUBMITTED BEFORE THE IST RESPONDENT.

EXT. P10:- TRUE COPY OF COMPLAINT DTD. 5/5/2015 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXT. P11:- TRUE COPY OF COMPLAINT DTD. 5/5/2015 SUBMITTED BEFORE THE 3RD RESPONDENT RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

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

================ W.P (C) No. 14495 of 2015 =============== Dated this, the 24th day of June, 2015

J U D G M E N T

Ashok Bhushan, CJ Heard learned counsel for the petitioners, learned senior Government Pleader and learned counsel appearing for respondents 4 and 6 2.

Petitioners have come up in the writ petition seeking police protection for construction of an apartment. Petitioners' case is that private respondents obstructed the construction with regard to which a complaint was submitted on 5th May, 2015. 3.

Learned Government Pleader after obtaining instructions submitted that the incident referred to in complaint dated 5th May, 2015 is of 16th April, 2015. It is submitted that police after receiving complaint enquired and found that there is no dispute as on date. The counter affidavit filed by the 4th and 6th respondents also clearly states that they have not caused any

W.P (C) No. 14495/2015 -:2:- threat to the petitioners nor they have created any obstruction. As on date, there being no obstruction, we see no reason to issue any direction. We only observe that as and when obstruction is created, it will be open for the petitioner to file a complaint before the police, which may be looked into.

Writ petition is closed.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge