Davood vs Shajahan
2021 Latest Caselaw 15126 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                         WP(C) NO. 5122 OF 2020
PETITIONER:

            DAVOOD
            AGED 50 YEARS
            S/O. SHAHUL HAMEED, VARUVILA HOUSE, BHARATHANNOOR P O,
            PANGODU VILLAGE, NEDUMANAGADU TALUK, THIRUVANANTHAPURAM
            DISTRICT-695541.

            BY ADV P.M.ZIRAJ



RESPONDENTS:

    1       SHAJAHAN
            AGED ABOUT 40 YEARS, S/O. ABDUL HAKKEEM, SHAJI MANZIL,
            ONNAMCHAL, MAILAMOOD P O, PANGODU VILLAGE, NEDUMANGADU
            TALUK, THIRUVANANTHAPURAM DISTRICT-695609.

    2       NISAMUDHEEN
            AGED ABOUT 43 YEARS, S/O. SAINUDHEEN, S.R. MANZIL,
            KOCHALUM MOODU, PANGODE P O, PANGODU VILLAGE,
            NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT-695609.

    3       NITHIN
            AGED ABOUT 27 YEARS, S/O.RAJAN, NISHA NIVAS, THOTTAKKAD
            P O, KALLAMBALAM, OTTUR VILLAGE, VARKALA TALUK,
            THIRUVANANTHAPURAM-695605.

    4       ALI AKBAR
            AGED ABOUT 65 YEARS, S/O. MUHAMMED KUNJU, EDAPPALLY
            KUNNUMPURATH HOUSE, KAITHODU P O, NILAMEL, KOTTARAKKARA
            TALUK, KOLLAM DISTRICT-691535.

    5       RAFEEKHAN
            AGED ABOUT 53 YEARS, S/O. SAINUDHEEN, SR MANZL, PANGODE
            P O, PANGODU VILLAGE, NEDUMANGADU TALUK,
            THIRUVANANTHAPURAM DISTRICT-695609.

    6       THE SUB INSPECTOR OF POLICE,
            CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT-691534.

    7       THE DEPUTY SUPERINTENDENT OF POLICE,
 WP(C) NO.5122/2020
                                  2

           PUNALUR, KOLLAM DISTRICT-691305,

     8     THE DISTRICT GEOLOGIST
           KOLLAM DISTRICT-691002.

     9     THE DISTRICT COLLECTOR,
           KOLLAM DISTRICT-691002.

     10    THE THAHASILDAR,
           KOTTARAKKARA, KOLLAM DISTRICT-691506.

           ADV.SRI.N.B SUNIL NATH, GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.07.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.5122/2020
                                             3

                    P.V.KUNHIKRISHNAN, J
              -------------------------------
                   W.P.(C)No.5122 of 2020
             --------------------------------
          Dated this the 20th day of July 2021


                                  JUDGMENT

The above Writ petition is filed with the

following prayers:

"A) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents six and seven to afford proper and adequate police protection to the life and property of the petitioner, his family members, his employees, vehicles, machineries, equipments and officers of revenue, geology, explosive and other government authorities and officers to survey and measure out the property mentioned in exhibit P1 NOC and to do all the activities and procedure for operating quarrying activities by the petitioner in the said property from the threat of respondents one to five and their henchmen.

B) Direct the respondents six and seven to take proper and adequate preventive action against respondents one to five and their henchmen, followers and hired goondas from causing any untoward incident against the life and property of the petitioner, his family members, his employees, vehicles, machineries, equipments and officers of revenue, geology, explosive and other government authorities and officers to survey and measure out the property mentioned in exhibit P1 NOC and to do all the activities and procedure for operating quarrying WP(C) NO.5122/2020

activities by the petitioner in the said property.

And C) Such other writ, direction or order, which deems fit and proper in the interest of justice and the circumstances of the case."

2. When this matter came up for consideration

on 04.03.2020, this Court passed the following

order:

"Admit. Notice by special messenger to respondents 1 to 5. Learned Government Pleader takes notice for other respondents.

2. In the light of the No Objection Certificate issued by the District Collector vide Ext.P1, necessary Police protection shall be given to the petitioner to carry out measurement and demarcation of the property by the revenue officers. It is seen that such a request has been made by the Tahsildar with the assistance of the Police.

Learned Government Pleader submits that there is serious obstruction being meted out to the revenue officers, and the Sub Divisional Magistrate appointed the Tahsildar, Kottarakkara as Executive Magistrate.

Necessary Police protection shall be given to the petitioner by respondents 6 and 7."

3. Today when this writ petition came up for

consideration, the learned counsel for the

petitioner submitted that the measurement of the

property is not over because of the Covid-19

pandemic situation. The learned counsel submitted WP(C) NO.5122/2020

that the interim order may be retained and the writ

petition may be disposed.

4. The learned Government Pleader submitted

that, if there is any law and order problem, the

Police will do the needful.

5. In the light of the above submission, this

writ petition is disposed retaining the interim

order dated 04.03.2020 with following further

directions:

i) If there is any law and order problem, the

petitioner is free to approach the Station House

Officer concerned with a complaint/representation.

ii) If such a complaint/representation is

received, the Station House Officer will do the

needful in the light of the interim order dated

04.03.2020.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.5122/2020

APPENDIX OF WP(C) 5122/2020

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE 9TH RESPONDENT TO THE PETITIONER DATED 6.12.2018.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 24.1.2019 SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE COUNTER FOIL OF CHELAN TOWARDS PAYMENT OF APPLICATION FEE.

EXHIBIT P4 TRUE COPY OF THE FIELD MAP OF THE PROPERTY COVERED IN EXHIBIT P1 ISSUED BY THE 10TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION ISSUED BY 10 RESPONDENT TO 6TH RESPONDENT DATED 31.12.2018.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 10TH RESPONDENT TO 7TH RESPONDENT DATED 7.1.2019.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 10TH RESPONDENT TO 6TH RESPONDENT DATED 3.5.2019.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 10TH RESPONDENT TO 6TH RESPONDENT DATED 8.5.2019.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 10.05.2019 ISSUED BY THE SUB DIVISIONAL MAGISTRATE, PUNALUR.

EXHIBIT P10 TRUE COPY OF THE COMPLAINT DATED 17.02.2020 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT WITH COPY TO 7TH RESPONDENT.

//TRUE COPY// PA TO JUDGE