Lohi V.S vs State Of Kerala
2022 Latest Caselaw 5893 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                        WP(C) NO. 16313 OF 2022
PETITIONER:

            LOHI V.S
            AGED 32 YEARS
            S/O VAMADEVAN ,
            HARIPURAM , KURAKKADA P.O, KIZHUVILAM,
            CHIRAYINKEEZHU, TRIVANDRUM
            PIN - 695104
            BY ADV NAVEEN THOMAS

RESPONDENTS:

    1       STATE OF KERALA
            HOME DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM,PIN-695001
            REP. BY SECRETARY,
            PIN - 695001
    2       DISTRICT COLLECTOR
            1ST FLOOR,
            COLLECTORATE, ALAPPUZHA
            PIN - 688001
    3       SUPERINTENDENT OF POLICE(DISTRICT POLICE CHIEF)
            CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA, KERALA, PIN -
            688012
    4       SUB INSPECTOR OF POLICE
            THRIKUNNAPUZHA POLICE STATION, THATTARAMBALAM-
            THRIKUNNAPUZHA ROAD, ALAPPUZHA, KERALA, PIN - 690515
    5       ASSISTANT EXECUTIVE ENGINEER
            IRRIGATION SUB DIVISION,
            MAVELIKKARA, PIN - 690101
    6       ASSISTANT ENGINEER
            IRRIGATION SECTION,
            KAYAMKULAM
            PIN - 690502
    7       PAPPU
            AGED 35 YEARS
            S/O KOCHUMON,
            PULKEEZHU, MAHADEVIKADU,
            ALAPPUZHA,(MOBILE-7902218606)
            PIN - 690516
 WP(C) NO.16313 OF 2022

                                 2

     8      RAJAN
            AGED 50 YEARS
            UPPUVARITHICHIRAYIL,MAHADEVIKADU,
            ALAPPUZHA, (MOBILE-9961266469)
            PIN - 690516
            BY ADV S.SAMEER

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



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.16313 OF 2022

                                       3

                                JUDGMENT

Dated this the 31st day of May, 2022

This writ petition is filed seeking the

following reliefs:

"1) Call for the entire records pertaining to the facts promulgated by the petitioners in the writ petition.

2) Issue a writ of mandamus, any other writ, order or direction, directing the respondents 2 to 4 to take action on Exhibits P3 to P5 and to afford adequate and appropriate police aid and protection to the life and limb of petitioner and his family members and employees from 7th and 8th respondents and their henchmen and also for the removal of the said temporary tidal bund on Pulkeezhu river at Mahadevikadu, which is a public need and necessity, and to ensure maintenance of law and order."

2. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader as

well as the learned counsel appearing for contesting

party respondents.

3. It is submitted by the learned Government WP(C) NO.16313 OF 2022

Pleader, on instructions, that the work is going on and

there is no obstruction reported from any quarters.

4. Learned counsel appearing for the 8th

respondent also submits that there is absolutely no

obstruction caused by party respondents and that

there is no law and order problem.

In the above view of the matter, this writ

petition is closed. In case, there is any obstruction to

the conduct of the work with due permissions, the

petitioner may inform the SHO, who shall afford due

protection. All other issues are left open to be

decided in appropriate proceedings.

Sd/-

ANU SIVARAMAN JUDGE SSK/31/05 WP(C) NO.16313 OF 2022

APPENDIX

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE AWARD ORDER NO.D2 4220/AEE/2021 DATED 18/12/2021 ISSUED BY THE 5TH RESPONDENT Exhibit P 2 THE TRUE COPY OF THE LETTER DATED 12-04-

2022 ISSUED BY THE 5TH RESPONDENT Exhibit P 3 THE TRUE COPY OF THE SAID COMPLAINT DATED 13-04-2022 PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P 4 THE TRUE COPY OF THE SAID COMPLAINT DATED 14-04-2022 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P 5 THE TRUE COPY OF THE SAID COMPLAINT DATED 21-04-2022 PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P 6 THE TRUE COPY OF THE SAID LETTER DATED 12-

05-2022 ISSUED BY THE 6TH RESPONDENT Exhibit P 7 THE TRUE COPY OF THE SAID LETTER DATED 17-

05-2022 ISSUED BY THE 5TH RESPONDENT RESPONDENTS' EXHIBITS: NIL

SSK //TRUE COPY// PA TO JUDGE