Albert Abey V S 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 TUESDAY, THE 16TH DAY OF JUNE 2015/26TH JYAISHTA, 1937 WP(C).No. 17986 of 2015 (W) ---------------------------- PETITIONER :

---------------- ALBERT ABEY V S., VEVUKATTU HOUSE, T.SQUARE LANE, PACHALAM P.O., COCHIN-682 012.

BY ADVS.SRI.BABU CHERUKARA SMT.ROSAMMA MATHEW SRI.P.A.SALIM SRI.ANZAR BASHEER SRI.P.ANTO THOMAS RESPONDENTS :

-------------------

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

2. THE SUB INSPECTOR OF POLICE VARAPUZHA POLICE STATION, VARAPUZHA, PIN 683517

3. MR. XAVIER ANTONY (KUNJAPPAN) S/O.CHOWRI, THUNDIPARAMBIL HOUSE, KADAMAKKUDY ROAD THUNDATHUMKADAVU, VARAPUZHA, PIN 683517

4. MRS.SABETH XAVIER W/O.XAVIER ANTONY, THUNDIPARAMBIL HOUSE KADAMAKKUDY ROAD, THUNDATHUMKADAVU, VARAPUZHA PIN 683517 R1 & R2 BY STATE ATTORNEY, SRI.P. VIJAYARAGAHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17986 of 2015 (W) ---------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- P1: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE INSPECTOR GENERAL OF POLICE, KOCHI RANGE, KOCHI 682311 DATED 12.05.2015.

P1 A: TRUE ENGLIGH TRANSLATION OF EXHHIBIT P1. P2: TRUE COPY OF THE SAID JUDGMENT IN WPC.NO.11406/2015 DATED 07.04.2015 OF THE HONOURABLE HIGH COURT OF KERALA.

P3: TRUE COPY OF THE NOTICE DATED 10.06.2015 ISSUED BY THE TALUK SURVEYOR, PARUR.

P3 A: TRUE ENGLIGH TRANSLATION OF EXHIBIT P3. P4: TRUE COPY OF THE PETITION DATED 12.06.2015 BY THE PETITIONER DATED 12.06.2015 TO THE 2ND RESPONDENT.

P5: TRUE COPY OF THE SPEED POST A/D CARD.

RESPONDENTS' EXHIBITS :

------------------------------- NIL /TRUE COPY/ PA TO JUDGE

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

---------------------------------- W.P.(C) No.17986 of 2015 ------------------------------------- Dated this the 16th day of June 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.

No notice is required to be issued to respondents 3 and 4 in view of the order being passed in the writ petition. 3.

The petitioner has come up with this writ petition seeking for police protection with regard to the peaceful survey of the petitioner's property, for which, notice has already been issued by the Taluk Surveyor. The Taluk Surveyor has issued notice for survey on 18.6.2015.

4.

Learned counsel for the petitioner submits that the petitioner apprehends obstruction from the hands of the private respondents in the survey.

5.

Under such circumstances, we are of the view that on a request made by the Taluk Surveyor, the 2nd respondent shall

W.P.(C) No.17986 of 2015 -: 2 :- ensure that peaceful survey is being conducted in the petitioner's property.

With the above observation, this writ petition is closed.

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