P.K.Mathai v. District Police Chief
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 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 WP(C).No. 28764 of 2015 (U) ---------------------------- PETITIONER(S) :- ------------------- P.K.MATHAI, AGED 79 YEARS S/O.KOSHY, POWATHU PUTHEN VEEDU, MANJINIKKARA OMALLOOR, ALAPPUZHA.
BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S) :- ------------------
1. DISTRICT POLICE CHIEF DISTRICT POLICE CHIEF OFFICE, PATHANAMTHITTA - 689 645.
2. INSPECTOR OF POLICE CIRCLE OFFICE, PATHANAMTHITTA - 689 645.
3. SUB INSEPCTOR OF POLICE PATHANAMTHITTA POLICE STATION PATHANAMTHITTA - 689 645.
4. DR.Y GEORGE, VICAR, OMALLOOR MARTHOMA SYRIAN CHURCH, MANJINIKKARA OMALLOOR, PATHANAMTHITTA - 689 645.
5. SAM C. KOSHY SECRETARY, OMALLOOR MARTHOMA SYRIAN CHURCH MANJINIKKARA, OMALLOOR, PATHANAMTHITTA - 689 645. R4 & R5 BY ADV. SRI.K.SHAJ SRI.SAJJU.S R1 - R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 28764 of 2015 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXHIBIT P1 : COPY OF THE BUILDING PERMIT.
EXHIBIT P2 : COPY OF THE PERMIT ISSUED BY THE GEOLOGIST. EXHIBIT P2(a) : TRANSLATION OF EXHIBIT P-2.
EXHIBIT P3 : COPY OF THE CONSENT DEED.
EXHIBIT P3(a) : TRANSLATION OF EXHIBIT P-3.
EXHIBIT P4 : COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
-------------------------------------------- W.P.(C) No.28764 of 2015 -------------------------------------------- Dated this the 26th day of November 2015
J U D G M E N T
Shaffique, J.
The petitioner has approached this Court seeking for police protection alleging that respondents 4 and 5 were obstructing the petitioner from removing red earth from his property, for which, permission has been obtained from the concerned authority. According to him, he intends to construct a building in the property and he has obtained Ext.P1 building permit on 26.3.2015 for the same. He had also obtained permission from the Mining and Geology Department on 11.9.2015, Ext.P2, by which, he was permitted to remove 1000 Metric Ton (125 loads) of red earth, which has been kept in the said property. The period of the said permit was valid till 26.9.2015.
2.
Learned counsel for the petitioner submits that the said permit has been extended upto 5.12.2015 for removing 1500 Metric Ton of red earth from the said property. 3.
Counter affidavit has been filed by respondents 4 and 5 stating that the construction of the building is only a ruse,
W.P.(C) No.28764 of 2015 -: 2 :- whereas, the intention is to remove ordinary soil from the property and the petitioner is indiscriminately removing the soil. 4.
Learned Government Pleader on instructions would submit that the Geologist has conducted an inspection and found that about 1500 Metric Ton of red earth had been stored in the property.
5.
Having regard to the aforesaid factual situation, we are of the view that if there is any obstruction from respondents 4 and 5 in removing red earth in terms of permit dated 11.9.2015, which is valid till 5.12.2015, the 3rd respondent shall ensure maintenance of law and order and also ensure that no obstruction is being caused by respondents 4 and 5.
This writ petition is disposed of as above.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/26.11.2015.