High Court of KeralaWP(C)/27771/2015disposed of

Ahammed Abdulla v. The District Police Chief

2015-09-17Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 WP(C).No. 27771 of 2015 (V) ---------------------------- PETITIONER(S) :- ----------------- AHAMMED ABDULLA, ERUPPAKKOTTIL HOUSE, PERINGALA P.O., ERNAKULAM. BY ADVS.SRI.BECHU KURIAN THOMAS (SR.) SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.S.SREEDEV SRI.RONY JOSE SRI.GEORGE A.CHERIAN RESPONDENT(S) :- ------------------

1. THE DISTRICT POLICE CHIEF, ERNAKULAM.

2. THE SUB INSPECTOR OF POLICE AMBALAMEEDU POLICE STATION, ERNAKULAM.

3. MEETHEEN KUNJU S/O.MUHAMMED, ERUPPAKKOTTIL HOUSE, PERINGALA P.O. ERNAKULAM - 683 565.

4. NIYAZ E.M S/O.MEETHEEN KUNJU, ERUPPAKKOTTIL HOUSE PERINGALA P.O., ERNAKULAM - 683 565.

5. ABU S/O.PATHUMMA, ERUPPAKKOTTIL HOUSE, PERINGALA P.O., ERNAKULAM - 683 565.

R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 27771 of 2015 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1- TRUE COY OF THE ENVIORNMENTAL CLEARANCE CERTIFICATE DATED 9.6.15 ISSUED BY THE SEIAA TO THE PETITIONER. EXT.P2- TRUE COPY OF THE NOC DATED 1.9.2015 ISSUED BY THE DISTRICT COLLECTOR TO THE PETITIONER.

EXT.P2(a)- TRUE ENGLISH TRANSLATION OF EXT P2. EXT.P3- TRUE COPY OF THE PRMIT DATED 8.9.2015 ISSUED BY THE DISTRICT GEOLOGIST.

EXT.P4- TRUE COPY OF THE COMPLAINT DATED 12.9.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXT.P4(a) - TRUE COPY OF THE RECEIPT DATED 12.9.2015. RESPONDENT(S)' EXHIBITS :- NIL --------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & K. VINOD CHANDRAN, J.

------------------------------------ W.P.(C) No.27771 of 2015 ------------------------------------- Dated this the 17th 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.

Though notices were issued to respondents 3 to 5, no one entered appearance on their behalf.

Petitioner's case in the writ petition is that he had obtained necessary licence for removal of earth from his property including Environmental Clearance from the State Environment Impact Assessment Authority.

Learned Government Pleader submits that the petitioner is also required to have transit pass for transporting the removed earth.

Learned counsel for the petitioner submits that the petitioner had already obtained transit pass and unnecessary obstruction is being created by respondents 3 to 5, with regard to which, police protection may be granted.

Considering the fact that the petitioner had obtained all necessary permit/licence, the 2nd respondent shall ensure that no

W.P.(C) No.27771 of 2015 -: 2 :- obstruction is being created by respondents 3 to 5 or anyone acting under them in the petitioner carrying out his work as per necessary licence/permit.

With the above observation, this writ petition is disposed of.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- K. VINOD CHANDRAN J UDGE Jvt/18.9.2015.