Noushad vs Pushpangathan
2022 Latest Caselaw 8830 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                         WP(C) NO.21609 OF 2022
PETITIONER :-

             NOUSHAD, AGED 47 YEARS
             SON OF ABDUL LATHEEF, KOIPALLIL HOUSE,
             THAZHAVA P.O., THODIYOOR VILLAGE,
             KARUNAGAPPILLY TALUK, KOLLAM DISTRICT,
             PIN - 690 523

             BY ADVS.
             P.M.ZIRAJ
             IRFAN ZIRAJ


RESPONDENTS :-

     1       PUSHPANGATHAN, AGED ABOUT 60 YEARS
             SON OF KESHAVAN, PUSHPANJALI, PRAYAR NORTH,
             PRAYAR P.O., OACHIRA,, PIN - 690 547

     2       NASAR, AGED 53 YEARS
             SON OF SHEENA MOL S, KATTAYATHU HOUSE,
             PRAYAR NORTH, PRAYAR P.O., OACHIRA, PIN - 690 547

     3       INSPECTOR OF POLICE
             KAYAMKULAM POLICE STATION, ALAPPUZHA DISTRICT,
             PIN - 690 502

     4       DEPUTY SUPERINTENDENT OF POLICE,
             KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690 502

           BY SRI.T.K.SHAJAHAN, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2022,   THE     COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.21609 OF 2022

                                   -: 2 :-


                               JUDGMENT

Dated this the 7th day of July, 2022

This writ petition is filed seeking the following reliefs :-

"1. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondents three and four to grant sufficient and adequate police protection to the life and properties of the petitioner, his agent, employees, vehicles and machineries for raising the level of land of petitioner having a total extent of 13.39 ares comprising 6.44 ares in Sy.No.666/2 and 6.95 ares in Sy.No.666/7 of Puthuppally Village from the threat of respondents one and two and their henchmen.

2. Direct the third and fourth respondents to take proper preventive action against the respondents one and two and their henchmen from causing any untoward incident against the petitioner, his employees, vehicles and machineries."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader. Though notice was taken out to

respondents 1 and 2, there is no appearance for the said

respondents.

3. It is submitted by the learned counsel for the

petitioner that the petitioner, while attempting to make

improvements in the property specifically shown as purayidom

in the Basic Tax Register, has been obstructed by respondents 1 WP(C) NO.21609 OF 2022

and 2. The petitioner has preferred Ext.P3 complaint before the

3rd respondent.

In the above view of the matter, there will be a

direction to the 3rd respondent to take up Ext.P3 complaint and

to consider and take appropriate further steps, in accordance

with law, on the same. The identity of the properties shall also

be verified by the 3rd respondent.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/11.7.2022 WP(C) NO.21609 OF 2022

APPENDIX OF WP(C) 21609/2022

PETITIONER EXHIBITS

Exhibit- P1 TRUE COPY OF THE TAX RECEIPT OF THE PROPERTY OF PETITIONER ALONG WITH OTHER PROPERTIES DATED 11.10.2021 ISSUED BY THE VILLAGE OFFICER

Exhibit- P2 TRUE COPY OF THE LOCATION CERTIFICATE OF THE PROPERTY OF PETITIONER ALONG WITH OTHER PROPERTIES DATED 02.02.2021 ISSUED BY THE VILLAGE OFFICER

Exhibit- P3 TRUE COPY OF THE COMPLAINT DATED 22.6.2022 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT WITH COPY TO FOURTH RESPONDENT

Exhibit- P4 TRUE COPY OF THE RECEIPT DATED 23.6.2022 ISSUED TOWARDS EXHIBIT P3 COMPLAINT