IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO.17616 OF 2022
PETITIONER :-
AZIMUDHEEN K.K., AGED 80 YEARS
S/O.KUNJUMOIDEEN, KONEKKATT HOUSE, ANACHAL,
MANNAM NORTH PARAVUR, ERNAKULAM DISTRICT,
PIN CODE- 683 520.
BY ADV PRADEESH CHACKO
RESPONDENTS :-
1 STATE OF KERALA REPRESENTED BY SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DISTRICT POLICE CHIEF
ERNAKULAM RURAL ALUVA, ERNAKULAM DT.- 683 001
3 THE STATION HOUSE OFFICER
NORTH PARAVUR POLICE STATION, NORTH PARAVUR,
ERNAKULAM DT.- 683 513.
4 SHAMEER HANEEFA, AGED 49 YEARS
S/O.HANEEFA, THOPPIL HOUSE, MANNAM P.O,
NORTH PARAVUR, ERNAKULAM DISTRICT, PINCODE-683 520.
5 SHAMSU, AGED 53 YEARS
S/O.ABDUL KHADER, VALIYAPARAMBIL HOUSE, MANNAM P.O,
NORTH PARAVUR, ERNAKULAM DISTRICT, PINCODE-683 520
6 SHIHAB ALI, AGED 45 YEARS
S/O.ALI, PEREPARAMBIL HOUSE, MANNAM P.O,
NORTH PARAVUR, ERNAKULAM DISTRICT, PINCODE-683 520
BY SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.17616 OF 2022
-: 2 :-
JUDGMENT
Dated this the 24th day of June, 2022 This writ petition is filed seeking directions to respondents 2 and 3 to afford adequate protection to the petitioner for carrying out the work of removal of ordinary earth on the basis of development permits and transit passes.
2. Though notice was taken out to respondents 4 to 6, who are allegedly obstructing the petitioner, there is no appearance for the said respondents.
In case the petitioner is carrying out the development activities on the basis of due permits and passes and in case of obstruction from respondents 4 to 6 or anybody claiming through them, the petitioner may inform the 3 rd respondent, who shall afford adequate protection for the permitted activities.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Jvt/25.6.2022 WP(C) NO.17616 OF 2022 -: 3 :- APPENDIX OF WP(C) 17616/2022 PETITIONER EXHIBITS Exhibit P1(A) COPY OF THE LAND TAX RECEIPT ISSUED BY KOTTUVALLY VILLAGE.
Exhibit P1(B) COPY OF THE LAND TAX RECEIPT ISSUED BY KOTTUVALLY VILLAGE.
Exhibit P2 COPY OF THE DEVELOPMENT PERMIT VIDE PERMIT NO.
E3-BA(153382)/2022.
Exhibit P3 COPY OF THE APPROVED PLAN OF THE PROPOSED RESIDENTIAL BUILDING AND LAND DEVELOPING ISSUED BY THE KOTTUVALLY GRAMA PANCHAYAT. Exhibit P4 COPY OF THE COMPLAINT FILED BY PETITIONER BEFORE STATION HOUSE OFFICER, N.PARAVUR POLICE STATION, ERNAKULAM.
Exhibit P4(A) COPY OF THE ACKNOWLEDGEMENT RECEIPT FOR THE COMPLAINT FILED BY PETITIONER BEFORE STATION HOUSE OFFICER, N.PARAVUR POLICE STATION, ERNAKULAM.
Exhibit P5 COPY OF THE COMPLAINT FILED BY PETITIONER BEFORE DISTRICT POLICE CHIEF(RURAL), ERNAKULAM.
Exhibit P5(A) COPY OF THE ACKNOWLEDGEMENT RECEIPT FOR THE COMPLAINT FILED BY PETITIONER BEFORE DISTRICT POLICE CHIEF(RURAL), ERNAKULAM.