Girija C vs S.I. Of Police, Kadirur Police ...
2021 Latest Caselaw 14875 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                         WP(C) NO. 9215 OF 2021
PETITIONER:

          GIRIJA C.
          AGED 60 YEARS
          W/O.MANOHARAN K.C., ARJUN NIVAS, PATTIAM AMSOM, DESOM,
          P.O.PATHAYAKUNNU, THALASSERY, PIN - 670 691.

          BY ADV P.P.RAMACHANDRAN



RESPONDENTS:

    1     S.I. OF POLICE, KADIRUR POLICE STATION
          P.O.KADIRUR, PIN - 670 642.

    2     INSPECTOR OF POLICE
          KADIRUR POLICE STATION, P.O.KADIRUR, PIN - 670 642.

    3     LOLITHA ANTHOLY
          ANTHOLY HOUSE, PATTIAM AMSOM, DESOM, P.O.PATHAYAKUNNU,
          THALASSERY, PIN - 670 691.

          BY ADVS.
          THAREEQ ANVER K.
          K.SALMA JENNATH
          M.DEVESH
          ARUN CHAND
          PRASANTH TOM
          DRISHYA K.PRAKASH

          SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9215/2021
                                        2

                 P.V.KUNHIKRISHNAN, J
           -------------------------------
                W.P.(C)No.9215 of 2021
          --------------------------------
          Dated this the 15th day of July 2021

                                 JUDGMENT

The above writ petition is filed with the

following prayers:

"i)Issue a writ of mandamus or such other writ or direction to the 1st respondent to provide adequate protection to the petitioner to dig a tube well in her property as she has got all necessary sanctions/permissions from the authorities concerned in this regard.

ii)Direct the 1st and 2nd respondent to take all the necessary steps to redress the grievances of the petitioner as requested by her in the written complaint as evidenced by Ext.P5 receipt.

iii)Grant such other writ or Order or direction as this Hon'ble Court deems fit in the circumstance of the case."

2. The grievance of the petitioner is that

there is obstruction from the 3rd respondent for

digging a bore well in the property of the

petitioner. The learned counsel for the

petitioner submitted that there is permit from WP(C) NO. 9215/2021

all the statutory authorities to dig a bore well.

3. The learned counsel for the contesting

respondents submitted that the documents produced

in this writ petition are only applications and

there is no permit/licence produced by the

petitioner to dig a bore well.

4. The learned Government Pleader also

submitted that, without getting permission from

the statutory authorities including the

authorities of Ground Water department, a bore

well can not be constructed.

5. The learned counsel for the 3rd respondent

submitted that, if the petitioner obtained all

statutory permissions from all statutory

authorities including the Ground Water Authority

for digging a bore well, she will not stand in

the way for the same subject to the right to

challenge the same. The same is recorded.

6. Therefore, this writ petition is disposed

directing the Station House Officer to afford

adequate Police protection to the petitioner, if WP(C) NO. 9215/2021

the petitioner produce all statutory

permit/licence/consent from all statutory

authorities including the Ground Water

Department.

The 3rd respondent is free to challenge the

permit/licence/consent given by the statutory

authorities in accordance to law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO. 9215/2021

APPENDIX OF WP(C) 9215/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AGRICULTURAL OFFICER OF PATHAYAKUNNU SHOWING THAT THE PETITIONER IS AN AGRICULTURALIST.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE GROUND WATER AUTHORITY, KANNUR.

EXHIBIT P2(A) TRUE COPY OF THE DEMAND DRAFT.

EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE PATTIAM GRAMA PANCHAYAT OFFICE FOR THE APPLICATION FILED BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER BY THE PANCHAYAT FOR REMITTING THE NECESSARY FEE

EXHIBIT P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT FOR ACCEPTING THE COMPLAINT OF THE PETITIONER.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE