Rajesh Balakrishnan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 15935 of 2015 (N) ---------------------------- PETITIONER(S):

-------------------------- RAJESH BALAKRISHNAN KORUMBOORU HOUSE, IRINGOL 683548, PERUMBAVOOR REPRESENTED BY HIS POWER OF ATTORNEY HOLDER N.VIJAYAN NAIR, VATTOLIL HOUSE, PATTAL IRINGOL 683548, PERUMBAVOOR BY ADVS.SRI.SEBASTIAN PAUL SRI.S.VIJAYAKUMAR (NALLOOR) SMT.LIZAMMA AUGUSTINE SRI.RON BASTIAN SMT.SABEENA P.ISMAIL SRI.BEN TOM RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE HOME SECRETARY GOVERNEMNT OF KERALA, SECRETARIAT THIRUVANANTHAPURAM 695001

2. THE STATION HOUSE OFFICER PERUMBAVOOR POLICE STATION, PERUMBAVOOR 683542

3. SUPERINTENDENT OF POLICE (RURAL) ERNAKULAM DISTRICT, ALUVA 683101 BY SR GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15935 of 2015 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:TRUE COPY OF THE ORDER OF ERNAKULAM DISTRICT LEVEL COMMITTE CHARIMAN AND FORT KOCHI SUB COLLECTOR DATED 01.12.2014 ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P2:TRUE COPY OF THE COMPLAINT TO SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, DATED 02.02.2015 ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P3:TRUE COPY OF THE PROHIBITION ORDER NO.3/2015 BY VILLAGE OFFICE, PERUMBAVOOR DATED 06.01.2015 ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P4:TRUE COPY OF THE ORDER NO.82/2015 BY VILLAGE OFFICER, PERUMBAVOOR DATED 28.04.2015 ALONG WTH ITS ENGLISH TRANSLATION RESPONDENT(S)' EXHIBITS NIL --------------------------------------- Rp //True Copy// PA to Judge

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

================ W.P (C) No. 15935 of 2015 ===================== Dated this, the 29th day of May, 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

Petitioner has filed this writ petition seeking police protection. Petitioner has prayed for a direction to the 3rd respondent to provide necessary protection for the petitioner and his men for completing the reclamation as permitted by Ext.P1 order. In pursuance of Ext.P1 order, petitioner claims to have started work, which was obstructed by certain private persons. On 6/1/2015, the Village Officer has issued a stop memo, which was withdrawn on 28th of April, 2015. Learned Government Pleader submits that the petitioner has thereafter not even informed the police of any obstruction by anyone.

In view of the above, we see no reason to entertain the writ petition at this stage, However, we observe that in the event any

W.P (C) No. 15935/15 -:2:- obstruction is caused, it is open for the petitioner to approach the police authorities by appropriate complaint. With this observation, the writ petition is closed.

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