P.Vikraman Nair v. Supdt. Of Police, Alappuzha

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 WP(C).No. 22374 of 2015 (V) ---------------------------- PETITIONER(S) :- ------------------ P.VIKRAMAN NAIR, ESHWARALAYAM, CHUNAKARA P.O., MAVELIKKARA ALAPPUZHA DISTRICT.

BY ADV. SRI.K.K.SATHEESH RESPONDENT(S) :- ------------------

1. THE SUPERINTENDENT OF POLICE ALAPPUZHA - 688 001.

2. THE SUB INSPECTOR OF POLICE VALLIKUNNAM POLICE STATION, MAVELIKKARA - 690 501.

3. OMANAKUTTAN NAIR S/O.MADHAVAN NAIR, PANTHAPLAVIL, KANNANAMKUZHY MURI THAMARAKKULAM VILLAGE - 690 530.

4. KRISHNANKUTTY S/O.VASUDEVANPILLAI, SREEKRISHNA BHAVANAM KANNANAMKUZHY MURI, THAMARAKKULAM VILLAGE - 690 530

5. THULASEEDHARAN NAIR S/O.MADHAVAN NAIR, MANGATTETHU, KANNANAMKUZHY MURI THAMARAKKULAM VILLAGE - 690 530.

R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 22374 of 2015 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXT.P1 - TRUE COPY OF THAT QUARRYING PERMIT ISSUED BY THE GEOLOGIST, MINING & GEOLOGY DEPARTMENT, DISTRICT OFFICE, MINI CIVIL STATION, CHERTHALA.

EXT.P2 - TRUE COPY OF THAT AGREEMENT BETWEEN SAID VIJAYAN PILLAI AND THE PETITIONER.

EXT.P2(a) - TRUE ENGLISH TRNASLATION OF MALAYALAM DOCUMENT EXT. P2.

EXT.P3 - TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT.07.07.2015 AND ITS ENGLISH TRANSLATION.

EXT.P3(a) - TRUE ENGLISH TRANSLATION OF MALAYALAM DOCUMENT EXT. P3.

EXT.P4 - TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 2ND RESPONDENT DT. 10.7.2015.

EXT.P4(a) - TRUE ENGLISH TRANSLATION OF MALAYALAM DOCUMENT EXT. P4.

EXT.P5 - TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DT. 14.7.2015.

EXT.P5(a) - TRUE ENGLISH TRANSLATION OF MALAYALAM DOCUMENT EXT. P5.

RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

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

-------------------------------------------- W.P.(C) No.22374 of 2015 -------------------------------------------- Dated this the 3rd day of September 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.

Though notices were issued to private respondents, which were served, no one entered appearance. 3.

By this writ petition, the petitioner is seeking for a direction to respondents 1 and 2 to afford adequate and effective protection to the petitioner enabling him for extracting Laterite Building Stones as per Ext.P1 quarrying permit. Petitioner is claiming entitlement on the basis of Ext.P1 dated 24.6.2015 to remove laterite building stone from the area of 3.2 Ares in Survey No.18/2, 3, 22/19, 21 of Thamarakkulam village. Petitioner's case is that respondents 3 to 5, without there being any right, are unnecessarily creating obstruction, with regard to which, a complaint was also filed as Ext.P3.

4.

Learned Government Pleader on instructions would submit that after receipt of the complaint, respondents 3 to 5 were

W.P.(C) No.22374 of 2015 -: 2 :- called and they were warned not to interfere. It is submitted that thereafter, no further incident is reported to the police as on date. There is no interference caused by respondents 3 to 5. Recording the aforesaid submission, we close the writ petition with liberty to the petitioner to file complaint as and when any further obstruction is created by the private respondents. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt