High Court of KeralaWP(C)/23189/2014closed

H.Surendranath Mallaya v. District Police Chief

2015-12-16Honourable The Chief Justice Mr.Ashok Bhushan6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WP(C).No. 23189 of 2014 (W) ---------------------------- PETITIONER:

----------- H.SURENDRANATH MALLAYA, AGED 69 YEARS S/O.HARI MALLAYA, HOUSE NO.12/549, PANDIKKUTY ROAD KOCHI - 2.

BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA RESPONDENTS:

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

1. DISTRICT POLICE CHIEF, ERNAKULAM - 682 011.

2. THE ASSISTANT POLICE COMMISSIONER, MATTANCHERY - 682 002.

3. THE SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION, THOPPUMPADY - 682 005.

4. VICTORIA LAWRENCE W/O.LAWRENCE, COUNSELAR, DIVISION NO.25 COCHIN CORPORATION, RESIDING AT KONNOTH HOUSE NAZARETH, JANATHA ROAD, MATTANCHERY - 682002.

5. LAWRENCE, KONNOTH HOUSE, NAZARETH, JANATHA ROAD, MATTANCHERY - 682 002.

Addl.6. T.R.XAVIER CHULLICKAL HOUSE, 14/1210, NAZRETH KOCHI-2.

ADDL. R6 IS IMPLEADED AS PER ORDER DATED 24/09/2014 IN IA 12909/2014.

Addl.7. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, OFFICE OF THE COCHIN CORPORATION, ERNAKULAM.

ADDL.R7 IMPLEADED AS PER ORDER DATED 18.12.2014 IN IA 17494/14. ADDL R6 BY ADV. SRI.T.MADHU ADDL R6 BY ADV. SRI.B.S.SURAJ KRISHNA R4&R5 BY ADV. SMT.G.SANGEETHA ADDL R7 BY ADV. SRI.MILLU DANDAPANI,SC,COCHIN CORPORATION BY SR.GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23189 of 2014 (W) ---------------------------- APPENDIX PETITIONER'S EXHIBITS:

---------------------- EXHIBIT P1: TRUE COPY OF NOTICES ISSUED UNDER THE KERALA LAND ACQUISITION ACT WITH ENGLISH TRANSLATION.

EXHIBIT P2: TRUE COPY OF COMMUNICATION DATED 7/9/2002 FROM DISTRICT COLLECTOR, ERNAKULAM.

EXHIBIT P3: TRUE COPY OF SKETCH PREPARED BY THE TALUK SURVEYOR. EXHIBIT P4: TRUE COPY OF REPRESENTATION DATED 26/8/2014 MADE BEFORE THE RESPONDENTS 1 TO 3.

EXHIBIT P5: TRUE COPY OF RECEIPTS ISSUED FROM THE OFFICE OF 2ND AND 3RD RESPONDENTS DATED 27/8/2014 WITH ENGLISH TRANSLATION. RESPONDENTS' EXHIBITS:

--------------------- EXT.R6(A) COPY OF THE PROCEEDINGS DATED 14.2.1977 OF THE SPECIAL TAHSILDAR (LA) CORPORATION OF COCHIN AND ITS ENGLISH TRANSLATION. EXT.R6(B) COPY OF THE REPORT DATED 27.7.1997 APPEARED IN THE INDIAN EXPRESS DAILY.

EXT.R6(C) COPY OF THE REPRESENTATION DATED 20.1.2011 AND ITS ENGLISH TRANSLATION.

/TRUE COPY/ P.S TO JUDGE cl

ASHOK BHUSHAN, CJ. & K. RAMAKRISHNAN, J.

.................................................. W.P.(C).No.23189 of 2014 ....................................................... Dated this the 16th day of December, 2015

JUDGMENT

Ashok Bhushan, CJ.

This writ petition has been filed seeking police protection for constructing a compound wall in the property comprised in Survey No.134/1 of Rameswaram village from the obstructions and threat of respondents 4 and 5.

2. Learned Government Pleader pointed out that the petitioner could obtain building permit only on 1.10.2015 which has been filed as Ext.P6 as there was no cause of action for filing the writ petition.

In our view of the matter, we close the writ petition with liberty to the petitioner to approach the Sub Inspector of Police, if there is any obstruction, with regard to construction as per Ext.P6 building permit.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- K. RAMAKRISHNAN, JUDGE.