High Court of KeralaWP(C)/23512/2014disposed of

Sulfi Khader v. The Rural Superintendent Of Police

2015-01-07Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 23512 of 2014 (L) ---------------------------- PETITIONER(S):

-------------- SULFI KHADER, AGED 32 YEARS, S/O. ABDUL KHADER RAWTHER, PEEDIKAYIL VEEDU, NADUKUNNU, NEELEPONAN, PATHANAPURAM, KOLLAM DISTRICT.

BY ADV. SRI.JOSEPH SEBASTIAN (KOLLAM) RESPONDENT(S):

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

1. THE RURAL SUPERINTENDENT OF POLICE, S.P. OFFICE, KOTTARAKKARA, KOLLAM-691001.

2. CIRCLE INSPECTOR OF POLICE, PATHANAPURAM, C.I. OFFICE, KOLLAM-689695.

3. SUB-INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, KOLLAM-689 695.

4. UTHAMAN,, AGED 53 YEARS S/O. KUNJU PILLAI, KALLUMKUNNATH, NEELIKONAM NEDUKUNNAM, PATHANAPURAM.P.O., KOLLAM-689695.

5. NARAYANAN, AGED 50 YEARS S/O. KUNJU PILLAI, KALLUMKUNNATH, NEELIKONAM NEDUKUNNAM, PATHANAPURAM.P.O., KOLLAM-689695. R1-R3 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23512 of 2014 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1. TRUE COPY F THE PERMIT GRANTED BY THE DISTRICT OFFICER, GROUND WATER AUTHORITY, KOLLAM DATED 25-4-2014.

P2. TRUE COPY OF THE PERMIT GRANTED BY THE PATHANAPURAM GRAMA PANCHAYAT DATED 29-5-2014.

P3. TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE SUB-INSPECTOR OF POLICE, PATHANAPURAM DATED 9-8-2014 (ALONG WITH ENGLISH TRANSLATION) RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 23512 of 2014 ---------------------------------------------- Dated this the 7th January, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard learned counsel for the petitioner and the learned State Attorney. Though notice was ordered to respondents 4 and 5, which have already been served, no one has appeared for them.

2. By this Writ Petition the petitioner has prayed for a direction to the third respondent to take appropriate action in Exhibit P3 complaint at the earliest and further to grant police protection to the petitioner to dig bore-well for domestic purpose, as the petitioner is holding valid permit. The petitioner's case is that initially a permit was granted on 29.5.2014 for construction of bore-well. It is submitted that there was some error in the permit and Exhibit P4 revised permit was issued on 10.10.2014.

WP(C).23512/14

3. The learned State Attorney, after obtaining instruction, submits that the petitioner has been granted permit to carry on the work as per the revised permit dated 10.10.2014.

In view of the above matter, we dispose of the Writ Petition directing the third respondent to provide appropriate protection to the petitioner so that he may complete the work as per the revised permit dated 10.10.2014.

ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs7/1/15