Azimudheen K.K vs State Of Kerala
2022 Latest Caselaw 7468 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                         WP(C) NO.17616 OF 2022
PETITIONER :-

             AZIMUDHEEN K.K., AGED 80 YEARS
             S/O.KUNJUMOIDEEN, KONEKKATT HOUSE, ANACHAL,
             MANNAM NORTH PARAVUR, ERNAKULAM DISTRICT,
             PIN CODE- 683 520.

             BY ADV PRADEESH CHACKO


RESPONDENTS :-

     1       STATE OF KERALA REPRESENTED BY SECRETARY,
             HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM-695 001.

     2       THE DISTRICT POLICE CHIEF
             ERNAKULAM RURAL ALUVA, ERNAKULAM DT.- 683 001

     3       THE STATION HOUSE OFFICER
             NORTH PARAVUR POLICE STATION, NORTH PARAVUR,
             ERNAKULAM DT.- 683 513.

     4       SHAMEER HANEEFA, AGED 49 YEARS
             S/O.HANEEFA, THOPPIL HOUSE, MANNAM P.O,
             NORTH PARAVUR, ERNAKULAM DISTRICT, PINCODE-683 520.

     5       SHAMSU, AGED 53 YEARS
             S/O.ABDUL KHADER, VALIYAPARAMBIL HOUSE, MANNAM P.O,
             NORTH PARAVUR, ERNAKULAM DISTRICT, PINCODE-683 520

     6       SHIHAB ALI, AGED 45 YEARS
             S/O.ALI, PEREPARAMBIL HOUSE, MANNAM P.O,
             NORTH PARAVUR, ERNAKULAM DISTRICT, PINCODE-683 520

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


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.06.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.17616 OF 2022

                                    -: 2 :-


                                JUDGMENT

Dated this the 24th day of June, 2022

This writ petition is filed seeking directions to respondents 2

and 3 to afford adequate protection to the petitioner for carrying

out the work of removal of ordinary earth on the basis of

development permits and transit passes.

2. Though notice was taken out to respondents 4 to 6, who

are allegedly obstructing the petitioner, there is no appearance for

the said respondents.

In case the petitioner is carrying out the development

activities on the basis of due permits and passes and in case of

obstruction from respondents 4 to 6 or anybody claiming through

them, the petitioner may inform the 3 rd respondent, who shall

afford adequate protection for the permitted activities.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/25.6.2022 WP(C) NO.17616 OF 2022

APPENDIX OF WP(C) 17616/2022

PETITIONER EXHIBITS

Exhibit P1(A) COPY OF THE LAND TAX RECEIPT ISSUED BY KOTTUVALLY VILLAGE.

Exhibit P1(B) COPY OF THE LAND TAX RECEIPT ISSUED BY KOTTUVALLY VILLAGE.

Exhibit P2 COPY OF THE DEVELOPMENT PERMIT VIDE PERMIT NO.

E3-BA(153382)/2022.

Exhibit P3 COPY OF THE APPROVED PLAN OF THE PROPOSED RESIDENTIAL BUILDING AND LAND DEVELOPING ISSUED BY THE KOTTUVALLY GRAMA PANCHAYAT.

Exhibit P4 COPY OF THE COMPLAINT FILED BY PETITIONER BEFORE STATION HOUSE OFFICER, N.PARAVUR POLICE STATION, ERNAKULAM.

Exhibit P4(A) COPY OF THE ACKNOWLEDGEMENT RECEIPT FOR THE COMPLAINT FILED BY PETITIONER BEFORE STATION HOUSE OFFICER, N.PARAVUR POLICE STATION, ERNAKULAM.

Exhibit P5 COPY OF THE COMPLAINT FILED BY PETITIONER BEFORE DISTRICT POLICE CHIEF(RURAL), ERNAKULAM.

Exhibit P5(A) COPY OF THE ACKNOWLEDGEMENT RECEIPT FOR THE COMPLAINT FILED BY PETITIONER BEFORE DISTRICT POLICE CHIEF(RURAL), ERNAKULAM.