P.G.Joseph vs Station House Officer
2022 Latest Caselaw 10762 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
         FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                             WP(C) NO. 27538 OF 2022
PETITIONER:

              P.G.JOSEPH
              AGED 63 YEARS
              S/O. G. GEORGE, KATTAKARA ROAD EAST, KALOOR,
              ERNAKULAM - 682017.

              BY ADV C.S.UMAR FAROOK


RESPONDENTS:

     1        STATION HOUSE OFFICER
              ERNAKULAM NORTH POLICE STATION, ERNAKULAM - 682018.
     2        COMMISSIONER OF POLICE,
              OFFICE OF THE COMMISSIONER OF POLICE, KOCHI, ERNAKULAM-
              682011.
     3        SALIM
              S/O HAMSA, FISH MERCHANT, STALL NO.1, KATTAKARA ROAD EAST,
              KALOOR, ERNAKULAM-682017.

              BY ADVS.
              RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
              SAJI VARGHESE KAKKATTUMATTATHIL
              AMALENDU A.
              VARGHESE M.K.


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.27538 OF 2022
                                  2




                           JUDGMENT

Dated this the 21st day of October, 2022

In spite of the erudite arguments advanced by the

learned Counsel for the petitioner, I am not convinced

that the reliefs can be granted in a proceedings under

Article 226, since the petitioner has a right royal remedy

before the Civil Court.

The writ petition is hence dismissed, without

prejudice to the petitioner's right to approach the Civil

Court or other proper forum for relief.

Sd/-

V.G.ARUN

JUDGE NB/21-10 WP(C) NO.27538 OF 2022

APPENDIX OF WP(C) 27538/2022

PETITIONER' EXHIBITS

EXHIBIT P1 COPY OF THE PETITION IS PENDING BEFORE THE LAND TRIBUNAL AS SM 22/2018.

EXHIBIT P2 COPY OF OF NO OBJECTION LETTER BY THE JENMI, DATED 13.05.2020.

EXHIBIT P3 COPY OF INTERIM ORDER IN WP(C) 21771/2022 DATED 11.08.2022.

EXHIBIT P4 COPIES OF THE COMPLAINT AND THE RECEIPT ISSUED FROM THE OFFICE OF COMMISSIONER OF POLICE ON 16.08.2022.

EXHIBIT P5 COPY OF REPORT FILED BY THE CHIEF TOWN PLANNER (VIGILANCE) ON 31.10.2017. EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 20/05/2020 TO THE TAHASILDAR (LR), KANAYANNUR TALUK, BY LAND TRIBUNAL.

EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 20/05/2020 TO THE VILLAGE OFFICER, ERNAKULAM, BY LAND TRIBUNAL. EXHIBIT P8 SKETCH MAHSAR OF THE LAND.

RESPONDENTS' EXHIBITS:

EXHIBITS R3(a) TRUE COPY OF THE LICENSE ISSUED BY THE CORPORATION OF KOCHI DATED 25.11.2021

TRUE COPY P.A. TO JUDGE