IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 16313 OF 2022
PETITIONER:
LOHI V.S
AGED 32 YEARS
S/O VAMADEVAN ,
HARIPURAM , KURAKKADA P.O, KIZHUVILAM,
CHIRAYINKEEZHU, TRIVANDRUM
PIN - 695104
BY ADV NAVEEN THOMAS
RESPONDENTS:
1 STATE OF KERALA
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001
REP. BY SECRETARY,
PIN - 695001
2 DISTRICT COLLECTOR
1ST FLOOR,
COLLECTORATE, ALAPPUZHA
PIN - 688001
3 SUPERINTENDENT OF POLICE(DISTRICT POLICE CHIEF)
CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA, KERALA, PIN -
688012
4 SUB INSPECTOR OF POLICE
THRIKUNNAPUZHA POLICE STATION, THATTARAMBALAM-
THRIKUNNAPUZHA ROAD, ALAPPUZHA, KERALA, PIN - 690515
5 ASSISTANT EXECUTIVE ENGINEER
IRRIGATION SUB DIVISION,
MAVELIKKARA, PIN - 690101
6 ASSISTANT ENGINEER
IRRIGATION SECTION,
KAYAMKULAM
PIN - 690502
7 PAPPU
AGED 35 YEARS
S/O KOCHUMON,
PULKEEZHU, MAHADEVIKADU,
ALAPPUZHA,(MOBILE-7902218606)
PIN - 690516
WP(C) NO.16313 OF 2022
2
8 RAJAN
AGED 50 YEARS
UPPUVARITHICHIRAYIL,MAHADEVIKADU,
ALAPPUZHA, (MOBILE-9961266469)
PIN - 690516
BY ADV S.SAMEER
BY SRI.T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.16313 OF 2022
3
JUDGMENT
Dated this the 31st day of May, 2022 This writ petition is filed seeking the following reliefs:
"1) Call for the entire records pertaining to the facts promulgated by the petitioners in the writ petition.
2) Issue a writ of mandamus, any other writ, order or direction, directing the respondents 2 to 4 to take action on Exhibits P3 to P5 and to afford adequate and appropriate police aid and protection to the life and limb of petitioner and his family members and employees from 7th and 8th respondents and their henchmen and also for the removal of the said temporary tidal bund on Pulkeezhu river at Mahadevikadu, which is a public need and necessity, and to ensure maintenance of law and order."
2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader as well as the learned counsel appearing for contesting party respondents.
3. It is submitted by the learned Government WP(C) NO.16313 OF 2022 4 Pleader, on instructions, that the work is going on and there is no obstruction reported from any quarters.
4. Learned counsel appearing for the 8th respondent also submits that there is absolutely no obstruction caused by party respondents and that there is no law and order problem.
In the above view of the matter, this writ petition is closed. In case, there is any obstruction to the conduct of the work with due permissions, the petitioner may inform the SHO, who shall afford due protection. All other issues are left open to be decided in appropriate proceedings.
Sd/-
ANU SIVARAMAN JUDGE SSK/31/05 WP(C) NO.16313 OF 2022 5 APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE AWARD ORDER NO.D2 4220/AEE/2021 DATED 18/12/2021 ISSUED BY THE 5TH RESPONDENT Exhibit P 2 THE TRUE COPY OF THE LETTER DATED 12-04-
2022 ISSUED BY THE 5TH RESPONDENT Exhibit P 3 THE TRUE COPY OF THE SAID COMPLAINT DATED 13-04-2022 PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P 4 THE TRUE COPY OF THE SAID COMPLAINT DATED 14-04-2022 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P 5 THE TRUE COPY OF THE SAID COMPLAINT DATED 21-04-2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P 6 THE TRUE COPY OF THE SAID LETTER DATED 12-
05-2022 ISSUED BY THE 6TH RESPONDENT Exhibit P 7 THE TRUE COPY OF THE SAID LETTER DATED 17-
05-2022 ISSUED BY THE 5TH RESPONDENT RESPONDENTS' EXHIBITS: NIL SSK //TRUE COPY// PA TO JUDGE