P.D.Varghese vs State Police Chief
2023 Latest Caselaw 9361 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                   WP(C) NO. 27354 OF 2023
PETITIONER:

          P.D.VARGHESE
          AGED 76 YEARS
          S/O DANIEL PUNCHOIKAVIL HOUSE
          VENMONY VILLLAGE VENMONY THAZHAM MURI
          CHENGANNUR, VENMONY.P.O ALAPUZHA, PIN - 689509
          BY ADV FRANKLIN ARACKAL

RESPONDENTS:

    1     STATE POLICE CHIEF
          POLICE HEAD QUARTERS,
          THIRUVANANTHAPURAM, PIN - 695001
    2     DISTRICT POLICE CHIEF
          OFFICE OF DISTRICT POLICE CHIEF,
          ALAPUZHA DT, PIN - 688011
    3     DEPUTY SUPERINTENDANT OF POLICE
          OFFICE OF DEPUTY SUPERINTENDANT OF POLICE,
          CHENGANNOOR,ALAPUZHA DT, PIN - 689121
   *4     STATION HOUSE OFFICER,             (CORRECTED)
          VENMONY,CHENGANNNOOR,
          ALAPUZHA DT, PIN - 689508

          [THE ADDRESS OF THE 4TH RESPONDENT IS CORRECTED AS

          "STATION HOUSE OFFICER,
          CHENGANNOOR, ALAPUZHA DT., PIN - 689 121"

          AS PER ORDER DATED 25.08.2023 IN IA 1/2023]
    5     THE GEOLOGIST
          DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY
          MINI CIVIL STATION,CHERTHALA.P.O
          ALAPUZHA DT, PIN - 688524
    6     THE SECRETARY
          CHENGANNOOR MUNICIPALITY
          CHENGANNOOR.P.O,ALAPUZHA DT, PIN - 689121
    7     DANIEL P VARGHESE
          AGED 56 YEARS
          S/O VARGHESE PUNCHONIL GARDENS CHENGANNOOR
 WP(C).No.27354/2023

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             VILLAGE,CHENGANNOOR TALUK VENMONY.P.O, ALAPUZHA,
             PIN - 689121
             BY ADV Harikrishnan S


      THIS    WRIT    PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   25.08.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.27354/2023

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                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.27354 of 2023
              ----------------------------------------------
            Dated this the 25th day of August, 2023


                                JUDGMENT

This writ petition is filed with following prayers:

i) issue a Writ of Mandamus or any other appropriate writ, order or direction to the respondents 1 to 4 to provide adequate police protection to the life and property of petitioner comprised comprised in Sy.No.231/27- 1,231/12,231/28,231/25,231/11-4,231/14& 231/13 of Chengannoor Village,Chengannoor Taluk, Alpuzha Dt, against the illegal threat and interference of respondent No.7 and his men or any body acting on behalf of them .

ii) to issue a writ of mandamus or any other writ or order directing the respondents Police Authorities to take all effective measures by deploying sufficient police personnel to prevent or to remove any person causing 'wrongful obstruction' in the pathway leading to the property belonging to the petitioner.

iii) issue such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(SIC) WP(C).No.27354/2023

2. Petitioner is aggrieved by the inaction on the part of

respondents 1 to 4 in providing adequate police protection to

his life and property against the interference and threat from

the 7th respondent and his men. The petitioner intends to

construct six villas in his properties referred in Exts.P1 to P3.

The surface level of the property is uneven, and the petitioner,

after obtaining Exts.P4 and P5 permits from the 6 th respondent

and also got Ext.P6 permit from the 5th respondent to remove

soil from the property. However, the 7th respondent and his

men are obstructing. Hence this writ petiiton.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader. I also heard the Standing

Counsel for the 6th respondent. Even though notice was taken

to the 7th respondent through special messenger, there is no

appearance.

4. After hearing both sides, I think the prayer in this

writ petition can be allowed, in the light of the fact that the

petitioner obtained permits from the statutory authorities.

Therefore, this writ petition is disposed of in the

following manner:

1. The 4th respondent is directed to provide WP(C).No.27354/2023

adequate police protection to the petitioner for

removal of soil based on Ext.P6 transit pass as

long as the same is in existence, without any

disturbance from the 7th respondent and his

men.

2. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 4th respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.27354/2023

APPENDIX OF WP(C) 27354/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL04050207127/2023 DATED 8/8/2023 Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL04050207131/2023 DATED 8/8/2023 Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL04050207132/2023 DATED 8/8/2023 Exhibit P4 A TRUE COPY OF THE DEVELOPMENT PERMIT DATED 3/3/203 ISSUED BY THE 6TH RESPONDENT Exhibit P5 A TRUE COPY OF THE SITE APPROVAL & BUILDING PERMIT DATED 3/3/203 ISSUED BY THE 6TH RESPONDENT Exhibit P6 A TRUE COPY OF THE ORDER DATED 9/8/2023 OF THE 5TH RESPONDENT ISSUING PASSES TO THE PETITIONER Exhibit P7 A TRUE COPY OF THE SAID COMPLIANT DATED 18/8/2023 SUBMITTED BEFORE THE 4 TH RESPONDENT BY THE PETITIONER Exhibit P8 A TRUE COPY OF THE RECEIPT DATED 19/08/2023 ISSUED BY THE 4 TH RESPONDENT TO THE PETITIONER