Fousia Noushad vs The Station House Officer
2021 Latest Caselaw 11966 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

    TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943

                        WP(C).No.8586 OF 2021(W)

PETITIONER/S:

      1         FOUSIA NOUSHAD
                AGED 44 YEARS
                W/O. NOUSHAD, ELAKATTU HOUSE, PERUMATTAM,
                PUTHUPADY P.O, MUVATTUPUZHA, PIN-686 673

      2         P.A. SIDIQUE,
                AGED 47 YEARS, S/O. ALI KUNJU,
                PUNNAKUDY HOUSE, DESHABIMANI ROAD, KALOOR,
                KOCHI 682 017.

      3         P.A. HASHIM,
                AGED 40 YEARS, S/O. ALI KUNJU,
                PUNNAKUDY HOUSE, DESABHIMANI ROAD,
                KALOOR, KOCHI-682 017

                BY ADVS.
                SRI.K.R.VINOD
                SMT.M.S.LETHA

RESPONDENT/S:

      1         THE STATION HOUSE OFFICER
                PERUMBAVOOR POLICE STATION,
                PERUMBAVOOR, PIN-683 542

      2         MUHAMMED SHAN C.P
                AGED 40 YEARS, CHANGANCHERY HOUSE,
                VENGOLA P.O, VENGOLA, PERUMBAVOOR, PIN-683 556

      3         JALEEL V.M,
                AGED 42 YEARS, VALLOORAAN HOUSE,
                PONJASSERY P.O, PONJASSERY P.O, PONJASSERY,
                PERUMBAVOOR, PIN-683 547


                GP SRI NEERAJ SUNIL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8586 OF 2021(W)

                               2




                         JUDGMENT

This writ petition is filed for direction to the 1 st

respondent to provide police protection to the petitioners and

his workers to carry out building as per Ext.P3 building

permit without any obstruction from respondents 2 and 3 or

their men and agents.

2. Heard the counsel for the petitioners and the

learned Government Pleader.

3. The learned Government Pleader, on instruction,

submits that the respondents 2 and 3 have given written

statement before the police on 01.04.2021 that they do not

intend to obstruct the construction of the building being

carried out by the petitioner. Even though service of notice is

complete, there is no appearance for respondents 2 and 3.

Taking note of the submission of the learned WP(C).No.8586 OF 2021(W)

Government Pleader, there will be a direction to the first

respondent to provide adequate and necessary police

protection to the petitioners and their workers to carry out

the construction of the building in the landed property

covered by Exts.P1 and P2, in accordance with Ext.P3 building

permit, without any obstruction caused by respondents 1 and

2 and their men or agents.

This Writ Petition is disposed of.

SD/-

MURALI PURUSHOTHAMAN

JUDGE RK/13.04.2021 WP(C).No.8586 OF 2021(W)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE COPY OF THE SALE DEED NO. 1719/2019 DATED 29.04.2019 OF SRO PERUMBAVOOR.

EXHIBIT P2 THE COPY OF THE SETTLEMENT DEED NO.

834/2021 DATED 04.02.2021 OF SRO PERUMBAVOOR.

EXHIBIT P3 THE COPY OF THE BUILDING PERMIT DATED 12.04.2019 ISSUED BY THE VENGOLA GRAMA PANCHAYATH IN FAVOUR OF THE VENDORS OF THE PETITIONERS.

EXHIBIT P4 THE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, ARACKAPADY VILLAGE DATED 19.03.2021.

EXHIBIT P5 THE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONERS SEEKING POLICE PROTECTION.

RESPONDENT'S/S EXHIBITS:NIL