Kerala High Court
Aji V Panickar vs The Superintendent Of Police on 2 July, 2021
WP(C) NO. 34238 OF 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
WP(C) NO. 34238 OF 2019
PETITIONER/S:
AJI V PANICKAR
AGED 50 YEARS
S/O.VELAYUDHA PANIKKAR, AJI NIVAS, KANNANAKUZHY MURY,
THAMARAKULAM VILLAGE, ALAPPUZHA DISTRICT, PIN-690504.
BY ADV M.G.SREEJITH
RESPONDENT/S:
1 THE SUPERINTENDENT OF POLICE
OFFICE OF THE DISTRICT POLICE CHIEF, CIVIL STATION ROAD,
ALAPPUZHA, ALAPPUZHA DISTRICT,PIN-688012.
2 THE CIRCLE INSPECTOR OF POLICE,
OFFICE OF THE CIRCLE INSPECTOR OF POLICE, MAVELIKARA, ALAPPUZHA
DISTRICT, PIN-690101.
3 THE SUB INSPECTOR OF POLICE,
NOORANAD POLICE STATION, NOORANAD, ALAPPUZHA DISTRICT, PIN-
690504.
4 ADDL.R4. DEEU,
AGED 35 YEARS
MOLIL THAZHATHIL, PAYANALLOOR P.O., NOORANAD, ALAPPUZHA DISTRICT
- 690504.
5 ADDL.R5. BINU,
AGED 38 YEARS
MOLIL THAZHATHIL, PAYANALLOOR P.O., NOORANAD, ALAPPUZHA DISTRICT
- 690504.
6 ADDL.R6.SIVANKUTTY,
AGED 40 YEARS
SIVASADANAM, PAYANALLOOR P.O., NOORANAD, ALAPPUZHA DISTRICT -
690504. ADDITIONAL R4,R5 AND R6 ARE IMPLEADED AS EPR ORDER DATED
18.12.2019 IN IA NO.1/2019.
OTHER PRESENT:
SRI.N.B.SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 34238 OF 2019 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No.34238 of 2019
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Dated this the 2nd day of July, 2021
JUDGMENT
The above writ petition is filed with the following prayers :
"Issue a writ of mandamus or other appropriate writ, order or
direction, directing the respondents 1 to 3 to provide adequate
protection and aid to the petitioner to carry out the construction
related works base on the strength of Exhibit P1 and P2 permits and
the permits issued from the Geology department concerned.
2. Issue a writ of mandamus or other appropriate writ, order or
direction, directing the respondents 1 to 3 to consider the Exhibit P4
to P6 requests of the petitioner to carry out the construction works
with valid permits.
3. Such other reliefs as this Hon'ble Court deems fit and proper in
the facts and circumstances of the case."
2. Exts.P1 and P2 are the construction permits issued by
the local Grama Panchayat. When this writ petition came up for
consideration on 20.12.2019, this Court passed the following
order :
"Despite notice by special messenger, respondents 4 to 6 have not
entered appearance.
In the circumstances, the third respondent is directed to afford
necessary protection to the petitioner in the matter of carrying out
the works covered by Exts.P1 and P2 permits in accordance with the
conditions stipulated therein."
3. The Government Pleader submitted that the period of
Exts. P1 and P2 will expire on 4.7.2021. In the light of the above
facts and in the light of the interim order passed by this Court, I
think this writ petition can be closed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 34238/2019
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF BUILDING PERMIT ISSUED FROM
THE PALAMEL GRAMA PANCHAYATH DATED
12.07.2019.
EXHIBIT P2 TRUE COPY OF DEVELOPMENT PERMIT ISSUED FROM
THE PALAMEL GRAMA PANCHAYATH DATED
12.07.2019.
EXHIBIT P3 TRUE COPY OF THE CHALAN ISSUED BY THE
GEOLOGY DEPARTMENT.
EXHIBIT P4 TRUE COPY OF REQUESTS SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENTS NO.1
DATED 03.12.2019.
EXHIBIT P5 TRUE COPY OF REQUESTS SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENTS NO.2
DATED 03.12.2019.
EXHIBIT P6 TRUE COPY OF REQUEST SUBMITTED BY THE
PETITIONER BEFORE THE RESPONDENTS NO.3
DATED 03.12.2019.
EXHIBIT P7 TRUE COPY OF POSTAL RECEIPTS DATED
03.12.2019.
