Aboobecker 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 MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 31951 of 2015 (T) ---------------------------- PETITIONER(S) :- ---------------- ABOOBEKKER, AGED 48 YEARS S/O.MEERAN MOIDEEN, PONMANAVADAKKETHIL ADIKATTUKULANGARA, PALAMEL, NOORNADU ALAPPUZHA DISTRICT.
BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S) :- -----------------
1. DISTRICT POLICE CHIEF DISTRICT POLICE CHIEF OFFICE, ALAPPUZHA - 688 577.
2. INSPECTOR OF POLICE CIRCLE OFFICE, MAVELIKKARA - 688 578.
3. THE SUB INSPECTOR OF POLICE NOORNADU POLICE STATION, NOORNADU - 688 578.
4. HANEEFA PONMANAKIZHAKKATHIL, ADIKATTUKULANGARA, PALAMEL NOORNADU, ALAPPUZHA - 688 577.
5. THAJUDEEN PONMANAKIZHAKKATHIL, ADIKATTUKULANGARA, PALAMEL NOORNADU, ALAPPUZHA - 688 577.
6. RAJAN PONMANAKIZHAKKATHIL, ADIKATTUKULANGARA, PALAMEL NOORNADU, ALAPPUZHA - 688 577.
7. ANAZ PONMANAKIZHAKKATHIL, ADIKATTUKULANGARA, PALAMEL NOORNADU, ALAPPUZHA - 688 577.
8. SULFI PONMANAKIZHAKKATHIL, ADIKATTUKULANGARA, PALAMEL NOORNADU, ALAPPUZHA - 688 577.
R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 31951 of 2015 (T) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1.TRUE COPY OF THE NO OBJECTION CERTIFICATE IS ISSUED BY THE PANCHAYATH.
EXT.P2.TRUE COPY OF THE PERMIT ISSUED BY THE GEOLOGIST. EXT.P2(a).TRUE COPY OF THE TRANSLATION OF EXTP.P2. EXT.P3.TRUE COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT WITH TRANSLATION.
RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
------------------------------------- W.P.(C) No.31951 of 2015 -------------------------------------- Dated this the 16th day of November 2015
J U D G M E N T
Shaffique, J.
The petitioner has approached this Court seeking for police protection in the matter of removal of ordinary earth from his property. It is stated that he had obtained necessary permission from the Geologist as per order dated 3.9.2015. As per the said order, the petitioner is permitted to remove 500 metric tons (60 loads) of ordinary earth. According to the petitioner, removal of earth was for the purpose of constructing a building in terms of the building permit issued by the Grama Panchayat. The period of permit for removal of ordinary earth expired on 15.9.2015. 2.
Learned counsel for the petitioner submits that the permit has been extended for the period from 16.11.2015 to 30.11.2015, as per Ext.P4.
3.
Though notice was served on respondents 4 to 8, there is no appearance on their behalf.
4.
According to the petitioner, when attempts were made to remove the ordinary earth, the same was obstructed by respondents 4 to 8 and their men. Though a complaint was filed
W.P.(C) No.31951 of 2015 -: 2 :- before the police, no action has been taken in the matter and hence, he has approached this Court.
Having regard to the factual circumstances involved in the matter and since the petitioner is in possession of valid permit for removal of ordinary earth, we allow the writ petition, directing the 3rd respondent to ensure that no obstruction is being caused by respondents 4 to 8 or their men in the petitioner removing ordinary earth in terms of the permit issued at Ext.P4. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/16.11.2015.