High Court of KeralaWP(C)/18401/2015disposed of

Kabeer Rawther v. District Police Chief

2015-07-01Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 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 1ST DAY OF JULY 2015/10TH ASHADHA, 1937 WP(C).No. 18401 of 2015 (A) ---------------------------- PETITIONER :- -------------- KABEER RAWTHER, AGED 63 YEARS S/O.KOCHIPILLA RAWTHER, SAIDA MANSIL, PEROOR KARAZHMA, CHARUMOOD BY ADV. SRI.R.SUNIL KUMAR RESPONDENTS :- ----------------

1. DISTRICT POLICE CHIEF DISTRICT POLICE CHIEF OFFICE, ALAPPUZHA - 695 001.

2. INSPECTOR OF POLICE CIRCLE OFFICE, MAVELIKKARA - 690 101.

3. SUB INSPECTOR OF POLICE NOORANADU POLICE STATION, NOORANADU - 695 002.

4. VISHNU, PADMA VILASOM, KOMALLOOR P O, KARIMULACKAL CHARUMOOD, ALAPPUZHA - 695 001.

5. PRAVEEN DAS KINARVILAYIL KIZHAKKATHIL, KOMALLOOR P O KARIMULACKAL , CHARUMOOD, ALAPPUZHA - 695 001. R1-R3 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WP(C).No. 18401 of 2015 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1:-COPY OF THE POSSESSION CERTIFICATE.

EXT.P2:-COPY OF THE BUILDING PERMIT ISSUED BY THE PANCHAYATH. EXT.P3:-COPY OF THE PERMIT ISSUED BY THE PANCHAYATH. EXT.P3(a):-TRUE COPY OF THE TRANSLATION OF EXT P3. EXT.P4:-COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

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

---------------------------------- W.P.(C) No.18401 of 2015 -------------------------------------- Dated this the 1st day of July 2015

J U D G M E N T

Ashok Bhushan, CJ.

Heard the learned counsel for the petitioner and the learned State Attorney.

The petitioner has come up with this writ petition seeking for a direction to respondents 1 to 3 to provide adequate protection to the life of the petitioner and for removing red earth from petitioner's property in accordance with the permit issued by the Mining and Geology Department from the illegal threats of the 4th and 5th respondents. 3.

Learned State Attorney on instructions would submit that as on date there is no obstruction in petitioner removing red earth. It is submitted that as and when any complaint is received, the police shall provide adequate protection. In the above view of the matter, we dispose of the writ petition observing that if any obstruction is created by private respondents, it shall be open for the petitioner to

W.P.(C) No.18401 of 2015 -: 2 :- approach the police for necessary protection, who shall look into the matter and needful shall be done.

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