Abdurahiman P.A vs The District Police Chief
2023 Latest Caselaw 5809 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                   WP(C) NO. 15108 OF 2023
PETITIONER/S:

         ABDURAHIMAN P.A
         AGED 57 YEARS
         S/O HASSAN, AREKAT HOUSE, N.K.PADI ROAD,
         NEAR VARIKKOD JUMA-MASJID, WEST KODUR,
         MALAPPURAM DT., PIN - 676504
         BY ADVS.
         T.K.AJITH KUMAR
         AISWARYA RAMESAN
         HARITHA HARIDAS
         RAJESH BABU CHELAT
         ABDUSSALAM P. (PALOLIL)

RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF
          MALAPPURAM, UP HILL (PO),
          MALAPPURAM DT., PIN - 676505
    2     THE EXECUTIVE ENGINEER
          PUBLIC WORKS DEPARTMENT,
          CIVIL STATION, MALAPPURAM DT., PIN - 676505
OTHER PRESENT:

         SRI.B.S.SYAMANTAK, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.15108/2023

                                    2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.15108 of 2023
             ----------------------------------------------
            Dated this the 24th day of May, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. Issue a Writ of Mandamus or any other writ, order or direction, directing the respondents to consider and take appropriate action on Ext.P2 representation.

ii. Production of the English translation of the documents in vernacular language may be dispensed with.

iii. To grant such other relief as may be prayed for and the court may deem fit to grant.

(SIC)

2. The grievance of the petitioner is that the

respondents are giving permission for conducting public

meetings for religious and political organisations in front of

the building of the petitioner which creates several problems

to the petitioner. The petitioner produced Ext.P1 photograph

to show the difficulty faced by the petitioner. The petitioner WP(C).No.15108/2023

submitted Ext.P2 before the 1st respondent. The grievance of

the petitioner is that the same is not considered.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. After hearing both sides, I am of the considered

opinion that the matter has to be looked into by the 1 st

respondent in the light Ext.P2 representation. The 1 st

respondent will consider Ext.P2 with notice to the affected

parties and take appropriate decision in accordance with law.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent is directed to consider and

pass appropriate orders in Ext.P2, with notice to

the petitioner and other affected parties, as

expeditiously as possible, at any rate, within two

months from the date of receipt of a stamped

certified copy of this judgment.

2. The 1st respondent is free to pass appropriate

orders in accordance with law and if the 1 st

respondent is not the authority to decide this

matter, the 1st respondent shall forward the WP(C).No.15108/2023

same to the proper authority.

3. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 1st respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.15108/2023

APPENDIX OF WP(C) 15108/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF PHOTOGRAPHS SHOWING THE BLOCKING OF ENTRY TO THE BUILDING OF THE PETITIONER WHEN MEETINGS ARE BEING CONDUCTED.

Exhibit-P2 TRUE COPY OF THE REPRESENTATION DATED 9.3.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS AND THE SECRETARY OF MALAPPURAM MUNICIPALITY. Exhibit-P3 A TRUE COPY OF THE LETTER DATED 23.3.2023 SENT BY THE SECRETARY OF MALAPPURAM MUNICIPALITY.