The Chairman Citizen Protection ... vs The Station House Officer
2023 Latest Caselaw 2835 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                     WP(C) NO. 5131 OF 2023
PETITIONER:

         THE CHAIRMAN CITIZEN PROTECTION FORUM CHARITABLE
         TRUST, MYLAKAD, KOTTIYAM, MYLAKAD SHAH,
         RESIDING AT AR BUNGALOW, THAZHUTHALA VILLAGE,
         KOLLAM TALUK, KOLLAM DISTRICT, PIN - 691571

         BY ADVS.
         B.N.HASKAR
         B.K.GOPALAKRISHNAN


RESPONDENTS:

    1    THE STATION HOUSE OFFICER
         KOTTIYAM POLICE STATION
         KOTTIYAM, KOLLAM, PIN - 691571
    2    THE CITY POLICE COMMISSIONER
         KOLLAM, KOLLAM DISTRICT, PIN - 691008
    3    ANZARI, AGED 47 YEARS
         SON OF JALALUDHEEN, AALUMOOTIL VEED
         VADAKKEVILA P O KOLLAM TALUK,
         KOLLAM 691 010
    4    BRIGHT SAIF, AGED 47 YEARS
         SON OF NEEHUKANNU CHAKIRIKKADA, VADAKKEVILA P. O,
         KOLLAM TALUK, KOLLAM, PIN - 691010

         SRI.E.C. BINEESH-GP

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 01.03.2023,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.5131 of 2023

                              2


                           JUDGMENT

Dated this the 1st day of March, 2023

The petitioner, who is the Chairman of a Charitable

Trust, has filed this writ petition seeking to direct respondents

1 and 2 to give adequate and effective police protection to the

life, property and movement of the petitioner and the

members of his Trust and family from respondents 3 and 4

and their henchmen.

2. The petitioner states that in order to help the

homeless people, the petitioner's Trust purchased 10 Ares of

land in Thazhuthala Village of Kollam Taluk. Respondents 3

and 4 are owners of the adjacent property. The petitioner

obtained Ext.P3 Building Permit for construction of residential

houses. In order to facilitate the construction, ordinary earth

has to be removed from the land and the petitioner has

obtained Permit from the Senior Geologist as is evidenced by

Ext.P5. However, respondents 3 and 4 obstructed levelling WP(C) No.5131 of 2023

and removal of ordinary earth. Though the petitioner

approached the Kottiyam Police Station, no assistance was

given.

3. Government Pleader entered appearance on behalf

of respondents 1 and 2 and submitted that the 1 st respondent

has received a complaint. If there is any law and order

situation, the police will interfere.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing

respondents 1 and 2. Though notice was served on

respondents 3 and 4, there is no appearance for respondents

3 and 4.

5. From the pleadings and arguments in the writ

petition, it is evident that the petitioner has purchased certain

land and has obtained Ext.P2 Development Permit and Ext.P3

Building Permit for construction of certain buildings. The

Village Officer has issued Ext.P4 Certificate, certifying that for

construction of the building, ordinary earth has to be removed WP(C) No.5131 of 2023

from the land. Ext.P5 is the Permit issued by the Senior

Geologist for removing and transporting ordinary earth in

order to facilitate the building construction.

6. From the pleadings, it is evident that the petitioner

is developing the land for building construction after obtaining

necessary permits and licences. If the construction and

levelling of the land is with permits and licences, respondents

3 and 4 cannot obstruct such levelling of land or construction

physically.

In the circumstances, the writ petition is disposed of

directing the 1st respondent-Station House Officer to extend

necessary protection to the petitioner for levelling and removal

of ordinary earth and construction of buildings as per Exts.P2

and P3.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.5131 of 2023

APPENDIX OF WP(C) 5131/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE LAND TAX RECEIPT ISSUED BY VILLAGE OFFICER, THAZHUTHALA DATED 21/04/2022 Exhibit P2 A TRUE PHOTOCOPY OF THE DEVELOPMENT PERMIT ISSUED FROM THE SECRETARY, THRIKOVILVATTOM GRAMA PANCHAYAT DATED 28/1/2023 Exhibit P3 A TRUE PHOTOCOPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED BY THE SECRETARY, THRIKKOVILVATTOM GRAMA PANCHAYATH DATED 7/01/2023 Exhibit P4 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, THAZHUTHALA 01/12/2022 Exhibit5 A TRUE PHOTOCOPY OF THE ORDER OF THE GEOLOGIST MINING AND GEOLOGY DEPARTMENT KOLLAM 02/02/2023 Exhibit P6 A TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KOLLAM TO THE 2ND RESPONDENT DATED 02/02/2023 Exhibit P7 A TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE SHO, KOTTIYAM POLICE STATION DATED 07/02/2023 Exhibit8 P8 A TRUE PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE CITY POLICE COMMISSIONER, KOLLAM DATED 07/02/2023