Kerala High Court
Koshy Mathai vs State Of Kerala on 8 December, 2023
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WPC 23735/2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
WP(C) NO. 23735 OF 2020
PETITIONER/S:
KOSHY MATHAI AGED 70 YEARS S/O POTHEN MATHAI, PARACKADAVIL
HOUSE, KAVIYOOR VILLAGE, KAVIYOOR TALUK, PATHANAMTHITTA
DISTRICT.
BY ADVS. P.HARIDAS SRI.BIJU HARIHARAN SRI.R.B.BALACHANDRAN
SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN SRI.RISHIKESH HARIDAS
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME,
GROUND FLOOR, MAIN BLOCK STATE SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
2 THE DIRECTOR GENERAL OF POLICE AND THE STATE POLICE CHIEF,
KERALA STATE POLICE HEAD QUARTERS, VAZHUTHACAUD PO,
THIRUVANANTHAPURAM, PIN-695001.
3 THE DISTRICT POLICE CHIEF PATHANAMTHITTA, OFFICE OF THE
DISTRICT POLICE CHIEF, PATHANAMTHITTA P O, PIN-689645.
4 THE DEPUTY SUPERINTENDENT OF POLICE THIRUVALLA SUB DIVISION,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA P O,
PIN-689101.
5 THE STATION HOUSE OFFICER THIRUVALLA, POLICE STATION,
THIRUVALLA P O, PIN-689101.
6 JAINAMMA AGED 50 YEARS RESIDING AT MELEKUNDIYIL HOUSE,
NJALBHAGAM MURIYIL, KAVIYOOR VILLAGE, THIRUVALLA TALUK,
KAVIYOOR P O, PATHANAMTHITTA DISTRICT, PIN-689582.
7 SUNIL AGED 30 YEARS S/O JAINAMMA, RESIDING AT MELEKAKUDIYIL
HOUSE, NJALBHAGOM MURIYIL, KAVIYOOR VILLAGE, THIRUVALLA TALUK,
KAVIYOOR PO, PATHANAMTHITTA DISTRICT, PIN-689582.
OTHER PRESENT:
GP SREEJITH V.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC 23735/2020
JUDGMENT
(Dated this the 8th day of December 2023)
The Writ Petition is filed for a direction to respondent
Nos.1 and 5 to render adequate, effective and meaningful
protection to the life and properties of the petitioner and his
family from the obstruction of respondent Nos.6 and 7 and their
associates.
2. This court, on 5.11.2020, issued notice before
admission and an interim order was passed directing the 5th
respondent to see that no harm is caused to the petitioner by the
party respondents.
3. The Petition was filed in the year 2020 and no counter
by the party respondents. Therefore, the Writ Petition is
allowed, making the interim order absolute.
Sd/-BASANT BALAJI, JUDGE
dl/
APPENDIX OF WP(C) 23735/2020
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT DATED
20.08.2019
EXHIBIT P2 A TRUE COPY OF THE RECEIPT DATED 26.11.2018.
EXHIBIT P3 A TRUE COPY OF THE APPLICATION BEFORE THE
ASSISTANT EXECUTIVE ENGINEER OF PWD MALLAPPALLY
DATED 26.11.2018.
EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE ASSISTANT EXECUTIVE
ENGINEER, PWD MALLAPPALY DATED 15.07.2019.
EXHIBIT P5 A TRUE COPY OF THE APPLICATION BEFORE THE PWD
UNDER THE RIGHT TO INFORMATION ACT DATED
1.2.2020.
EXHIBIT P6 A TRUE COPY OF THE NOTICE ISSUED BY THE ASSISTANT
EXECUTIVE ENGINEER DATED 3.8.2019 UNDER 13A
KERALA LAND CONSERVANCY RULES.
EXHIBIT P7 A TRUE COPY OF THE REPLY DATED 25.2.2020.
EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED
18.2.2020.
EXHIBIT P9 A TRUE COPY OF THE LETTER OF THE SUB COLLECTOR,
THIRUVALLA DATED 27.2.2020.
EXHIBIT P10 A TRUE COPY OF THE LETTER OF THE ASSISTANT
EXECUTIVE ENGINEER, PWD TO SUB COLLECTOR,
THIRUVALLA DATED 10.3.2020.
EXHIBIT P11 A TRUE COPY OF THE DIRECTION ISSUED BY THE SUB
COLLECTOR DATED 23.6.20200
EXHIBIT P12 A TRUE COPY OF THE LETTER OF THE TAHSILDAR DATED
25.09.2020.
EXHIBIT P13 A TRUE COPY OF THE NOTICE OF THE ASSISTANT
EXECUTIVE ENGINEER, PWD DATED 22.10.2020.
EXHIBIT P14 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 4TH RESPONDENT DATED
26.10.2020.
EXHIBIT P15 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT DATED
31.10.2020.
