Lalaji Chellappan vs Shyam S
2022 Latest Caselaw 3632 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                        WP(C) NO. 8676 OF 2022
PETITIONER:

          LALAJI CHELLAPPAN
          AGED 66 YEARS
          SON OF CHELLAPPAN, LOVE DALE, PERUMPUZHA
          P.O.,ILAMPELLOOR VILLAGE, KOLLAM TALUK, KOLLAM
          DISTRICT., PIN - 691504

          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ



RESPONDENTS:

    1     SHYAM S
          AGED 34 YEARS
          PUTHENTHARAYIL HOUSE, KARUVATTA P.O, KARUVATTA VILLAGE,
          KARTHIKAPPILLY TALUK, ALAPPUZHA DISTRICT, PIN - 690517

    2     SUBHASH
          AGED 42 YEARS
          SON OF SUGATHAN, KETHAKAPALLIL, EDAKKADOM P.O.,
          EZHUKONE VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT,
          PIN - 691505

    3     INSPECTOR OF POLICE
          AMBALAPPUZHA POLICE STATION,
          ALAPPUZHA DISTRICT, PIN - 688561

    4     DEPUTY SUPERINTENDENT OF POLICE
          ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688012

    5     DISTRICT POLICE CHIEF
          ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688012

    6     THE VILLAGE OFFICER
          PURAKKAD VILLAGE, ALAPPUZHA DISTRICT, PIN - 688561

    7     THE DISTRICT COLLECTOR
          ALAPPUZHA DISTRICT, CIVIL STATION,
          ALAPPUZHA, PIN - 688001
 WP(C) NO. 8676 OF 2022

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     8      THE DISTRICT GEOLOGIST
            OFFICE OF THE DISTRICT GEOLOGIST, CIVIL STATION,
            ALAPPUZHA DISTRICT, PIN - 688001




            T.K.SHAJAHAN-SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8676 OF 2022

                                        3


                                 JUDGMENT

This writ petition is filed seeking the following reliefs:

"A) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents three to five to afford proper and adequate police protection to the petitioner, his family members and employees, vehicles, machineries and equipments from the threat of the respondents one and two and their henchmen.

B) Direct the respondents three to five to take proper and adequate preventive action against respondents one and two and their henchmen, followers from causing any untoward incident against the petitioner, his family members, employees, vehicles, machineries and equipments.

2. Heard the learned counsel for the petitioner and the learned

Government Pleader. Though notice was taken out to respondents 1 and

2 by speed post and duly served, there is no appearance for the said

respondents.

3. It is submitted by the learned counsel for the petitioner that the

property of the petitioner covered by Ext.P1 Basic Tax Receipt is

Purayidom and that the petitioner is constructing a building in the said

property. It is submitted that respondents 1 and 2 are obstructing the WP(C) NO. 8676 OF 2022

work being carried out by the petitioner.

4. The learned Government Pleader submits, on instructions, that

there is no law and order issue prevalent in the area at present.

Having considered the contentions advanced and in view of the

specific contention raised by the petitioner that the construction is being

carried out only in the property covered by Ext.P1 and that the petitioner

is not filling up any paddy land or wet land against the provisions of the

2008 Act, there will be a direction that in case the petitioner faces any

obstruction from respondents 1 and 2 or anybody claiming through

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

necessary protection for carrying out the construction activities in the

dry land owned by the petitioner.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 8676 OF 2022

APPENDIX OF WP(C) 8676/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX RECEIPT DATED 25.8.2021 ISSUED BY THE VILLAGE OFFICER, PURAKKAD VILLAGE OFFICE

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER OF THE PROPERTY OF PETITIONER

Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE THANDAPPER REGISTER OF PROPERTY OF PETITIONER ISSUED BY THE 6TH RESPONDENT

Exhibit P4 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY OF PETITIONER DATED 1.09.2021 ISSUED BY THE 6TH RESPONDENT

Exhibit P5 COPY OF THE COMPLAINT DATED 26.2.2022 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT WITH COPY TO RESPONDENTS FOUR AND FIVE

Exhibit P6 TRUE COPY OF THE RECEIPT DATED 26.2.2022 TOWARDS EXHIBIT P5 COMPLAINT