Godfin J. v. District Police Chief, Thrissur

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 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 WP(C).No. 26155 of 2015 (T) ---------------------------- PETITIONER(S):

-------------- GODFIN J. AGED 28 YEARS S/O. JANDROS, KUNDAN HOUSE, PULAKKOD P.O. CHELAKKARA, THRISSUR DISTRICT.

BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER RESPONDENT(S):

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

1. DISTRICT POLICE CHIEF, THRISSUR

2. THE SUB INSPECTOR OF POLICE, CHELAKKARA, THRISSUR - 680 586.

3. THE SECRETARY, I.N.T.U.C, HEAD LOAD WORKERS UNION, PULAKKOD THRISSUR - 680 585.

R1 AND R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26155 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT-P1-TRUE COPY OF THE TAX RECEIPT DATED 11/08/2015 WITH ENGLISH TRANSLATION EXHIBIT-P2-TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 01/08/2013 ISSUED BY THE CHELAKKARA GRAMA PANCHAYATH.

EXHIBIT-P3-TRUE COPY OF THE COMPLAINT DATED 28/07/2015 MADE BEFORETHE 2ND RESPONDENT WITH COPY TO IST RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

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

------------------------------------- W.P.(C) No.26155 of 2015 ------------------------------------- Dated this the 2nd 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.

No notice is required to be issued to the 3rd respondent, in view of the order, which is being passed in the writ petition. 3.

The petitioner has filed this writ petition seeking police protection for construction of his residential house against the illegal threat and interference from the 3rd respondent and his men. The petitioner's case is that he is the owner of 5 cents of land and he obtained necessary building permit for the construction of the house. When the construction started, the 3rd respondent prevented the vehicles, which came to the property with building materials. The petitioner has filed a complaint before the police authorities on 28.7.2015.

4.

The learned Government Pleader, after obtaining instructions, submits that on receipt of the complaint, the 3rd respondent was called and warned not to interfere in the

W.P.(C) No.26155 of 2015 -: 2 :- construction of the residential house by the petitioner. It is submitted that, thereafter, no further interference is reported. Recording the aforesaid submission made by the learned Government Pleader, this writ petition is closed. We further observe that if there is any interference in the construction of the residential house by the petitioner, on the complaint of the petitioner, appropriate measures shall be taken by the police authorities.

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