Salavudeen A v. State

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 21690 of 2013 (I) ---------------------------- PETITIONER(S) :- ----------------- SALAVUDEEN. A, AGED 49 YEARS, S/O. ABDUL KAREEM RAWTHER CHERURETH VADAKKETHIL, ERUMAKUZHY, NOORANAD P.O. ALAPPUZHA - 690 504.

BY ADV. SMT.SHERLY THOMAS RESPONDENT(S) :- -----------------

1. STATE REPRSENTED BY THE SECRETARY TO GOVERNMENT HOME (C) DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

2. THE CIRCLE INSPECTOR OF POLICE MAVELIKKARA - 690 101.

3. THE SUB INSPECTOR OF POLICE NOORANAD POLICE STATION - 690 504.

4. P. CHANDRASEKHARAN NAIR, AGED 55 YEARS, S/O. PADMANABHANPILLAI ALIAS PAPPULLA LEKHA SADANAM, PYANALLOOR, AHATHIKATTUKULLENGARA P.O. ALAPPUZHA DISTRICT - 690 504.

5. SOMAN NAIR, AGED 59 YEARS, S/O. KESHAPILLA, USSHHAS PYANALLOOR, AHATHIKATTUKULLENGARA P.O.

ALAPPUZHA DISTRICT - 690 504.

6. SURESH, AGED 38 YEARS, SURESH BHAVANAM, S/O. MADHAVAN PILLAI, NAMBIYARTHE (SURESH BHAVAN), PYANALLOOR, AHATHIKATTUKULLENGARA P.O.

ALAPPUZHA DISTRICT - 690 504.

7. THE DISTRICT COLLECTOR ALAPPUZHA DISTRICT- 688 001.

R4 & R6 BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN R1 - R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 21690 of 2013 (I) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXHIBIT-P1-TRUE COPY OF THE JUDGMENT DATED 17/03/2010 IN W.P (C) 7148/2010.

EXHIBIT-P2-TRUE COPY OF THE ORDER IN W.P(C) 37616/2010 DATED 16/03/2010.

EXHIBIT-P3-TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR DATED 29/01/2013.

EXHIBIT-P4-TRUE COPY OF THE PHOTOGRAPH SHOWING DEMOLISHED STRUCTURE OF THE BASEMENT.

EXHIBIT-P5-TRUE COPY OF THE POLICE COMPLAINT DATED 19/07/2013. EXHIBIT-P6-TRUE COPY OF THE POLICE COMPLAINT ALONG WITH ACKNOWLEDGMENT DATED 21/08/2013.

EXHIBIT-P7-COPY OF THE POLICE COMPLAINTS DATED 8.10.2013. EXHIBIT-P8-COPY OF THE POLICE COMPLAINTS DATED 28.10.13. EXHIBIT-P9-COPY OF THE POLICE COMPLAINTS DATED 22.10.2013. EXHIBIT-P10-PHOTOGRAPHS SHOWING THE DESTRUCTION OF THE BUILDING STRUCTURE CAUSED BY THE RESPONDENTS. EXHIBIT-P11-REPORT GIVEN BY THE VILLAGE OFFICER DATED 26.10.2013.

EXHIBIT-P12-PHOTOGRAPH SHOWING LAST STAGE OF CONSTRUCTION OF THE BRICK FACTORY OF THE PETITIONER.

RESPONDENT(S)' EXHIBITS :- --------------------------- EXHIBIT-R4-TRUE COPY OF THE PHOTOGRAPHS.

EXHIBIT-R4(a)-TRUE COPY OF THE REVISION PETITION DATED 27.10.2013 (WITHOUT DOCUMENTS) EXHIBIT-R4(b)-TRUE COPY OF THE JUDGMENT DT.30.10.2013 IN WP(C) No.26620/2013 OF THIS HONOURABLE COURT.

//TRUE COPY// P.A. TO JUDGE

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

------------------------------------- W.P.(C) No.21690 of 2013 -------------------------------------- Dated this the 16th day of November 2015

J U D G M E N T

Shaffique, J.

This writ petition is filed seeking for police protection in the matter relating to construction of a hollow brick unit. Later, an interim direction was given by this Court on 30.9.2013. But, since the construction of the unit has been stayed in another writ petition, the said interim direction was vacated. 2.

Learned Government Pleader submits that the petitioner had not approached the police thereafter. We, therefore, close the writ petition with liberty to the petitioner to approach the police, if there is any further cause of action.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/16.11.2015.