Abdul Jaleel vs Superintendent Of Police
2021 Latest Caselaw 14276 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                        WP(C) NO. 26782 OF 2019
PETITIONERS:
     1     ABDUL JALEEL, AGED 51 YEARS
           S/O.ABDUL KHADER,KARIKKANAKUDIYIL HOUSE, PAYIPPRA
           PANCHAYAT, PUTHUPADY P.O. -686 673, MUVATTUPUZHA,
           ERNAKULAM DISTRICT.
     2       KUNJUMOHAMMED,
             AGED 999 YEARS
             S/O.ABDULKHADER, KARIKKANAKUDIYIL HOUSE, PAYPPRA
             PANCHAYAT, PUTHUPADY P.O. - 686 673, MUVATTUPUZHA,
             ERNAKULAM DISTRICT.
     3       ABINS ABOOBACKER,
             AGED 999 YEARS
             S/O.ABOOBACKER, CHAKRAKATTIL, AVOLI P.O. - 686 677,
             MUVATTUPUZHA, ERNAKULAM DISTRICT.
             BY ADV V.K.MOHAMMED YOUSUF

RESPONDENTS:
     1     SUPERINTENDENT OF POLICE,
           ERNAKULAM RURAL, OFFICE OF THE DISTRICT POLICE OFFICE,
           ALUVA, ERNAKULAM DISTRICT.683101
     2       SUB INSPECTOR OF POLICE,
             EDATHALA POLICE STATION, ALUVA, ERNAKULAM DISTRICT.683101
     3       MEERAN,
             S/O.KUNJUMOIDEEN, PUTHOOKADAN VEEDU, SOUTH VAZHAKULAM
             P.O., KUNNATHUNADU TALUK, VAZHAKULAM VILLAGE - 683105,
             ERNAKULAM DISTRICT-683105
     4       AMEER,
             S/O.PUZBHAKARA MAKKAR, PUZHAKARA, SOUTH VAZHAKULAM P.O.,
             KUNNATHU NADU TALUK, VAZHAKULAM VILLAGE -683 105,
             ERNAKULAM DISTRICT.683105
             R1 & R2 BY SRI.N.B.SUNIL NATH, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26782 OF 2019
                                    2


                     P.V.KUNHIKRISHNAN, J.
                      -------------------------------
                     W.P.(C).No.26782 of 2019
               ----------------------------------------------
              Dated this the 08th day of July, 2021


                              JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 1 and 2 to give adequate and meaningful protection to the petitioners to carry on the building construction as per Exhibit.P2 Permit and Exhibit P3 plan and other allied works without any obstruction from the part of the respondents 3,4 and their men or anybody else.

ii. Issue such other appropriate writ order or direction as this Hon'ble court may deem fit and proper in the circumstances of the case.

iii. Allow the cost of petition to the petitioner.

2. When this writ petition came up for consideration, this

Court issued notice to respondents 3 and 4 through special

messenger. There was no appearance. Hence, on 16.10.2019, this

Court passed the following order:

WP(C) NO. 26782 OF 2019

"Despite notice by special messenger, respondents 3 and 4 have not entered appearance. In the circumstances, there will be an interim order as prayed for."

3. Today, when this writ petition came up for

consideration, there is no appearance for the contesting

respondents. The Government Pleader submitted that there is no

law and order issue and if the contesting respondents have any

case that the petitioners encroached to the Government land, they

can approach the authorities concerned. The Government Pleader

submitted that as long as the permit is there in favour of the

petitioners, and if there is any obstruction from the contesting

respondents, Police will do the needful.

Therefore, this writ petition is disposed retaining the interim

order, with following further directions:

1. If there is any obstruction from the contesting

respondents for the construction work based on

Ext.P2 permit and Ext.P3 plan, the petitioners are

free to approach the Station House Officer

concerned with a representation.

2. If such a representation is received along with the

valid permit and plan, the Station House Officer WP(C) NO. 26782 OF 2019

will do the needful in accordance to law, in the light

of the interim order passed by this Court.

Sd/-

                                          P.V.KUNHIKRISHNAN
JV                                               JUDGE
 WP(C) NO. 26782 OF 2019


                 APPENDIX OF WP(C) 26782/2019

PETITIONER ANNEXURE
EXHIBIT P1            PHOTO COPY OF THE TAX RECEIPT

NO.KL07042301881/2019 DATED 16/3/2019. EXHIBIT P1(A) PHOTO COPY OF THE TAX RECEIPT NO.KL07042301882/2019 DATED 16/3/2019. EXHIBIT P1(B) PHOTO COPY OF THE TAX RECEIPT NO.KL07042301879/2019 DATED 16/3/2019. EXHIBIT P1(C) PHOTO COPY OF THE TAX RECEIPT NO.KL07042301880/2019 DATED 16/3/2019. EXHIBIT P1(D) PHOTO COPY OF THE TAX RECEIPT NO.NO.9768553 DATED 16/3/2019.

EXHIBIT P2 PHOTOCOPY OF THE BUILDING PERMIT ISSUED BY SECRETARY, KEEZHMADU GRAMA PANCHAYAT DATED 7/7/2019 VIDE NO.BA (182913) 2019. EXHIBIT P3 PHOTOCOPY OF THE APPROVED PLAN BY THE KEEZHMADU GRAMA PANCHAYAT DATED 7/7/2019. EXHIBIT P4 PHOTOCOPY OF THE PETITION TO THE 1ST RESPONDENT DATED 19/3/2019.

EXHIBIT P5 PHOTOCOPY OF THE RECEIPT NO.14613/2019/E DATED 19/3/2019.

EXHIBIT P6 PHOTO COPY OF THE PETITION TO THE 2ND RESPONDENT DATED 5/8/2019.

EXHIBIT P7 PHOTO COPY OF THE RECEIPT DATED 5/8/2019.