George Mathew vs State Of Kerala
2023 Latest Caselaw 1178 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                         WP(C) NO. 855 OF 2023
PETITIONER:

          GEORGE MATHEW
          AGED 81 YEARS
          S/O M. G. MATHEW, MANNIL PUTHEN PURAYIL, MULAKUZHA P. O
          , MULAKUZHA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA
          DISTRICT.
          , PIN - 689505
          BY ADVS.
          AJITH MURALI
          MOHANAN M.K.


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY CHIEF SECRETARY,
          GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM.
          , PIN - 695001
    2     THE DIRECTOR GENERAL OF POLICE (HEAD OF POLICE
          DEPARTMENT)
          LAW & ORDER, POLICE HEAD QUARTERS, THIRUVANATHAPURAM.,
          PIN - 695001
    3     THE CHIEF SUPERINTENDENT OF POLICE
          ALAPPUZHA ,ALAPPUZHA DISTRICT. , PIN - 688001
    4     THE DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF DEPUTY SUPERINTENDENT OF POLICE,
          CHENGANNUR, ALAPPUZHA DISTRICT. , PIN - 689121
    5     THE STATION HOUSE OFFICER /CIRCLE INSPECTOR OF POLICE
          CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT., PIN -
          6891212022
    6     THE VILLAGE OFFICER
          MULAKUZHA VILLAGE, CHENGANNUR TALUK,
          ALAPPUZHA DISTRICT.
          , PIN - 689121
    7     THE SENIOR GEOLOGIST
          DEPARTMENT OF MINING AND GEOLOGY, OFFICE OF THE
          DEPARTMENT OF MINING
          AND GEOLOGY, MINI CIVIL STATION, 1ST FLOOR, CHERTHALA,
          ALAPPUZHA A DISTRICT.
          , PIN - 688524
 W.P.(C)No.855 OF 2023

                                 2

     8      VINOD KUMAR
            VISHAL BHAVANAM , MULAKUZHA, P.O,
            MULAKUZHA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA
            DISTRICT.
            , PIN - 689505
     9      BIJEESH
            CHINJU BHAVANAM, MULAKUZHA, P.O,
            MULAKUZHA VILLAGE, CHENGANNUR TALUK, ALAPPUZHA
            DISTRICT.
            , PIN - 689505
            BY SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.855 OF 2023

                                             3


                          JUDGMENT

Dated this the 18th day of January, 2023 This writ petition is filed seeking the

following relief:

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondent Nos.3 to 5 to provide adequate police protection for removing red earth from the petitioner's property in Sy.No.454/13-1 in Block No.17 of Mulakkuzha Village at Chengannur Taluk from the threat and obstruction of the respondents 8 and 8 and their heirings."

2. Heard the learned counsel for the

petitioner and the learned Government Pleader.

Though notice was taken out to respondents 8 and

9 and was duly served, there is no appearance for

the said respondents.

3. Learned counsel for the petitioner submits

that the petitioner is the absolute owner in

possession of 16.37 Ares of property in

Sy.No.454/13-1 in Block No.17 of Mulakkuzha

Village at Chengannur Taluk. It is submitted that W.P.(C)No.855 OF 2023

the 7th respondent have granted permission to the

petitioner to remove ordinary earth from the

property for the purpose of construction of a

building. It is submitted that when the petitioner

made attempts to remove the soil on the strength

of Exhibit P1, the contesting party respondents

have obstructed the same.

Having considered the contentions

advanced, I am of the opinion that in case the

permissions granted to the petitioner for removal of

ordinary earth are in force, the petitioner is entitled

to remove the soil in accordance with such

permissions. There will, accordingly, be a direction

that in case the petitioner produces all the relevant

permissions before the Station House Officer, the

complaint raised by the petitioner shall be looked

into and appropriate steps shall be taken by the

Station House Officer to see that protection is W.P.(C)No.855 OF 2023

granted for the legally permissible activities of the

petitioner strictly in accordance with such

permissions.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/18/01 W.P.(C)No.855 OF 2023

APPENDIX PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY PERMISSION ORDER NO.212/2022-

023/OE/DOALA/DMG/1039/2022- M DATED 14.12.2022 ISSUED BY THE 7TH RESPONDENT Exhibit-P2 A TRUE COPY OF THE CHALLAN ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER DATED 14.12.2022. Exhibit-P3 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 02.01.2023.

Exhibit-P4 A TRUE COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT DATED 02.01.2023.

ExhibitP5 A TRUE COPY OF THE APPLICATION FOR RENEWAL OF EXHIBIT PL PERMIT DATED 23.12.2022 SUBMITTED BY THE PETITIONER BEFORE 7TH RESPONDENT.

 SSK                      //TRUE COPY//       PA TO JUDGE