Akhil Divakar vs The District Police Chief
2021 Latest Caselaw 16456 Ker

WP(C) NO. 78 OF 2020                      1



                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT

                       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

            THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943

                                   WP(C) NO. 78 OF 2020

PETITIONER/S:
            AKHIL DIVAKAR
            AGED 24 YEARS
            S/O.D.SAJI, NIRAPPURACKAL HOUSE, KOONAMKARA.P.O.,
            PATHANAMTHITTA DISTRICT, PIN-689711.

               BY ADVS.
               S.SAJU
               SRI.A.V.SAJAN
               SMT.NEELANJANA NAIR


RESPONDENT/S:
      1     THE DISTRICT POLICE CHIEF,
            RING ROAD, THAZHEVETTIPRAM, PATHANAMTHITTA DISTRICT, PIN-
            689645.

      2        THE DEPUTY SUPERINTENDENT OF POLICE,
               THIRUVALLA SUB - DIVISION, PATHANAMTHITTA DISTRICT, PIN-689101.

      3        THE CIRCLE INSPECTOR OF POLICE (S.H.O.),
               PERUNAD, PATHANAMTHITTA DISTRICT, PIN-689711.

      4        REGHUNADHAN NAIR,
               S/O.CHELLAPPAN PILLAI, KANJIRAKKATTU HOUSE, KOONAMKARA.P.O.,
               PATHANAMTHITTA DISTRICT, PIN-689711.

      5        SOWMYA SOMARAJAN,
               D/O.SOMARAJAN, PULLIYIL HOUSE, NEDUMON, KOONAMKARA.P.O.,
               PATHANAMTHITTA DISTRICT, PIN-689711.

      6        MADHU.T.S.,
               THATTUPARACKAL, MAMPARA.P.O., MAMPARA, PATHANAMTHITTA DISTRICT,
               PIN-689711.

               BY ADVS.
               SRI.GEORGEKUTTY MATHEW
               SRI.JAMES KURIAN
               SHRI.LIJO JAMES
               SMT.REKHA C NAIR, SR.GP

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION                 ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 78 OF 2020                2




                       P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                        W.P.(C.) No.78 of 2020
                     --------------------------------------
                Dated this the 5th day of August, 2021


                               JUDGMENT

The contesting respondents point out that, now there is a

stop memo issued by the Geologist against the construction

activities in the property of the petitioner. In the light of the

above stop memo, there cannot be any police protection to the

petitioner to do the activities mentioned in the writ petition.

Therefore, this writ petition is dismissed as withdrawn,

with liberty to the petitioner to file it again, if there is any fresh

cause of action, after vacating the stop memo, if any.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 78/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT DATED 22.4.2019 WITH REGARD TO THE PETITIONER'S PROPERTY IN SURVEY NO.922/1B OF PERUNAD VILLAGE.

EXHIBIT P2 TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY THE RANNI-PERUNNAD GRAMA PANCHATH REF.NO.A3-BA(309415)/2019 DATED 5.10.2019 TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE PERMIT CONSENT TO ESTABLISH ISSUED FROM KERALA STATE POLLUTION CONTROL BOARD DATED 3.1.2020 TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 4.1.2020 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT FOR EXHIBIT P4 COMPLAINT DATED 4.1.2020.