High Court of KeralaWP(C)/38395/2015disposed of

Soman v. District Police Chief

2015-12-22Honourable 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 TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 38395 of 2015 (Y) ---------------------------- PETITIONER :

---------------- SOMAN, AGED 44 YEARS S/O.NARAYANAN, LEKSHMI NARAYANA, KOMALLOOR CHUNAKKARA, MAVELIKKARA.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS :

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

1. DISTRICT POLICE CHIEF DISTRICT POLICE CHIEF OFFICE, ALAPPUZHA 688 001.

2. INSPECTOR OF POLICE CIRCLE OFFICE, MAVELIKKARA, ALAPPUZHA 688 001.

3. SUB INSPECTOR OF POLICE KURATHIKADU POLICE STATION, KURATHIKADU ALAPPUZHA 688 004.

4. JOHN S/O.BABY, MUZHOOR PUTHEN VEEDU, THANNIKKUNNU P.O., CHUNNAKKARA, MAVELIKKARA. 688 006.

R1 TO R3 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 38395 of 2015 (Y) --------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXHIBIT P1. COPY OF THE PERMIT ISSUED BY THE GEOLOGIST DATED 14.10.2015. EXHIBIT P2. COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT DATED 16.12.2015.

RESPONDENTS' EXHIBITS :

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

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 38395 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned Government Pleader. No notice is being issued to the 4th respondent in view of the order which is being passed.

2. Petitioner has come up with the petition seeking police protection. Petitioner's case is that the petitioner has obtained necessary licenses for cutting laterite stone from from his property in which obstruction was caused by the 4th respondent.

3. Learned Government Pleader after obtaining instructions submits that the 4th respondent has obstructed on the ground that there is no permission or license. It is submitted that 4th respondent was called to the police station and he has been warned. Learned Government Pleader submits that there has been no such incident thereafter.

WP(C) No. 38395 of 2015 -:2:- In view of the aforesaid we dispose of the writ petition with an observation that in the event any further obstruction is created, the 3rd respondent shall provide adequate protection. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/22/12