Kerala High Court
Sherief vs The District Police Chief on 27 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 11553 OF 2024
PETITIONER:
SHERIEF, AGED 61 YEARS,
S/O SHAIK MOIDEEN RAWTHER VALLIVILAYIL VEEDU,
PALAMEL MAVELIKKARA, PIN - 690101.
BY ADVS. R.SUNIL KUMAR
A.SALINI LAL
JINU P. BINU
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF,
DISTRICT POLICE CHIEF OFFICE ALAPPUZHA,
PIN - 688001.
2 THE CIRCLE INSPECTOR OF POLICE
NOORNADU POLICE STATION,
NOORNADU, PIN - 690504.
3 THE STATION HOUSE OFFICER
NOORNADU POLICE STATION NOORNADU,
PIN - 690504.
4 THE SECRETARY
PALAMEL GRAMA PANCHAYAT NOORNADU P.O,
ALAPPUZHA, PIN - 690504.
5 RATHEESH, S/O KRISHNAN
PALLITHUNDATHIL,
PALAMEL ALAPPUZHA, PIN - 690504.
6 MANU, S/O KRISHNAN KUTTY
PALLITHUNDATHIL,
PALAMEL ALAPPUZHA-, PIN - 690504.
7 SANTHOSH, S/O KARUTHAKUNJU
PALLITHUNDATHIL,
PALAMEL ALAPPUZHA-, PIN - 690504.
8 SAJEEV, S/O SADHASIVAN
SAJEEV BHAVANAM,
WP(C) NO. 11553 OF 2024
-2-
PALAMEL ALAPPUZHA-, PIN - 690504.
BY ADVS.SRI. RASHEED C.NOORANAD
SRI.S.SHANAVAS KHAN
SMT.MABLE C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 11553 OF 2024
-3-
JUDGMENT
The petitioner says that he intends to
construct a residential building in his
property, for which, he has obtained a 'Mineral
Transit Pass' dated 14.03.2024 for one day. He
says that, however, when he tried to transport
the minerals on the strength of the same, he was
obstructed by respondents 5 to 8; thus
constraining him to approach the 3rd respondent -
Station House Officer, through Ext.P3 complaint,
seeking protection, but that it has been denied.
He thus prays that the 3rd respondent be directed
to offer him and his employees necessary
protection, when he moves the minerals from the
property on the strength of a valid pass - which
he says he will be able to obtain in future.
2. Sri.S.Shanavas Khan - learned counsel
appearing for respondent No.4 and Sri.Rasheed
C.Nooranad - learned counsel for respondents 5
WP(C) NO. 11553 OF 2024
to 8, in opposition, submitted that this writ
petition is no longer maintainable because, the
petitioner himself admits that he does not have
a valid Mineral Transit Pass, as of now. In
fact, Sri.S.Shanavas Khan went on to say that
his client intends to review their earlier
actions and to not grant any such permit in
future.
3. Obviously, going by the afore
submissions of the respondents, I cannot pass
orders in this writ petition now, though the
petitioner will be at full liberty to approach
this Court again as and when he obtains a valid
Mineral Transit pass in future.
With the afore liberty being reserved to the
petitioner, this writ petition is closed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 11553 OF 2024
APPENDIX OF WP(C) 11553/2024
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE BUILDING PERMIT DATED
9/3/23
EXHIBIT P2 COPY OF THE QUARRYING PERMIT ISSUED BY
THE 4TH RESPONDENT DATED 12/3/24
EXHIBIT P3 COPY OF THE COMPLAINT BEFORE THE 2ND
RESPONDENT DATED 14/3/24
