High Court of KeralaWP(C)/32250/2015disposed of

Chandramohanan Pillai v. District Collector, Kollam

2015-12-04Honourable Mr.Justice A.M.Shaffique,Honourable 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 A.M.SHAFFIQUE FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 WP(C).No. 32250 of 2015 (E) ---------------------------- PETITIONER :

----------------- CHANDRAMOHANAN PILLAI, AGED 48 YEARS S/O.MADHAVAN PILLA, INJAKATTIL THEKKATHIL SHOORANADU NORTH, KOLLAM BY ADVS.SRI.C.RAJENDRAN SRI.K.R.RANJITH RESPONDENTS :

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

1. DISTRICT COLLECTOR, COLLECTORATE, KOLLAM 691 013

2. DISTRICT POLICE CHIEF, RURAL DISTRICT, KOLLAM DISTRICT 691 001

3. SUB INSPECTOR OF POLICE SHOORANADU POLICE STATION, KOLLAM DISTRICT 690 522

4. SENIOR GEOLOGIST DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY KESAVANIKETHAN, ASRAMAM, KOLLAM DISTRICT 691 001

5. UNNIKRISHNA PILLA S/O.BALAKRISHNA PILLA, PUTHANPURAYIL VEEDU AMBALATHUM BHAGAM, PORUVAZHI, KOLLAM DISTRICT 690 520

6. PRASANNAKUMARIAMMA PUTHANVILA VEEDU, AMBALATHUM BHAGAM, PORUVAZHI KOLLAM DISTRICT 690 520 R1 TO R4 BY SR. GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. R5 BY ADV. SRI.P.V.DILEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32250 of 2015 (E) --------------------------------- APPENDIX PETITIONER'S EXHIBITS :

------------------------------ EXT.P1:- A TRUE PHOTOCOPY OF THE PERMIT DTD 11/9/2015 ISSUED BY THE 4TH RESPONDENT.

EXT.P2:- A TRUE ENGLISH TRANSLATION OF EXT P1. EXT.P3:- A TRUE PHOTOCOPY OF THE PERMIT TO TRANSPORT DTD 11/9/2015 ISSUED BY THE 4TH RESPONDENT.

EXT.P4:- A TRUE PHOTOCOPY OF THE CHELAN DTD 11/9/2015 FOR THE REMITTANCE OF RS.75,100/-.

EXT.P5:- A TRUE PHOTOCOPY OF THE PETITION DTD 18/10/2015 SUBMITTED BEFORE THE IST RESPONDENT.

EXT.P6:- A TRUE ENGLISH TRANLSATION OF EXT P5. RESPONDENTS' EXHIBITS :

-------------------------------- NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32250 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2015

JUDGMENT

Shaffique, J.

This writ petition has been filed seeking police protection alleging that the 5th respondent is obstructing the petitioner from extracting laterite building stones from the property of the 1st respondent. It is alleged that the 1st respondent has permitted him to extract laterite stones and necessary permit has been granted by the Geologist in terms of Ext.P1 dated 11.09.2015. The transportation pass granted is valid till 10.12.2015.

2. Learned counsel for the 5th respondent submits that he has no intention to obstruct extracting of laterite stones from the property aforesaid.

3. Hence we do not think that there is any necessity to issue the directions as sought for. We only observe that if any obstruction is caused, on the complaint of the petitioner, the Police shall take necessary action in accordance with law,

WP(C) No. 32250 of 2015 -:2:- provided, the petitioner has valid transportation pass and other licenses.

The Writ Petition is disposed of as above.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/04/12