Kerala High Court
Dr.Densil John vs State Of Kerala on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.16600/2024 1/3 Order Date : 10-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
WP(C) NO. 16600 OF 2024
PETITIONER(S)
DR.DENSIL JOHN, AGED 55 YEARS, S/O P P JOHN, VAZHAVILAYIL MOUNT
VIEW, NALKALICKAL, ERUMAKKAD ROAD, NALKALIKKAL (PO), ARANMULA
VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT , PIN - 689533
RESPONDENT(S)
1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001
2. THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANATHAPURAM, ,
PIN - 695001
3. THE DISTRICT POLICE CHIEF, OFFICE OF THE SUPERINTENDENT OF POLICE,
PATHANAMTHITTA DISTRICT , PIN - 689645
4. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF DEPUTY SUPERINTENDENT
OF POLICE, PATHANAMTHITTA DISTRICT , PIN - 689645
5. THE STATION HOUSE OFFICER /CIRCLE INSPECTOR OF POLICE ARANMULA
POLICE STATION, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN -
689533
6. THE VILLAGE OFFICER, ARANMULA VILLAGE, KOZHENCHERRY TALUK,
PATHANAMTHITTA DISTRICT , PIN - 689533
7. THE SENIOR GEOLOGIST DEPARTMENT OF MINING AND GEOLOGY, OFFICE OF THE
DEPARTMENT OF MINING AND GEOLOGY, MINI CIVIL STATION, 1ST FLOOR,
ADOOR, PATHANAMTHITTA DISTRICT. , PIN - 691523
8. VISHNU G VARIKKAPLAMOOTTIL EDAYARANMULA (PO), THURITHIMALA, ARANMULA
VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689532
9. PRAVEEN KUMAR A V SARATHI NILAYAM, EDAYARANMULA (PO), ARANMULA
VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT , PIN - 689532
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 3 to 5 to provide adequate police
protection for removing red earth from the petitioner's 44.20 ares of
property in Re. Sy.Nos.193/7 in Block No. 2 of Aranmula Village at
Kozhencherry Taluk based on Exhibit P6 permit from the threat and
obstruction of the respondents 8 and 9 and their hirelings, till the
disposal of this writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.AJITH MURALI, SWAPNA VIJAYAN & MOHANAN M.K., Advocates for the
petitioner, the court passed the following:
WP(C) No.16600/2024 2/3 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P.(C) No.16600 of 2024
-------------------------------------------------
Dated this the 10th day of May, 2024
ORDER
It is submitted by the learned counsel for the
petitioner that the petitioner is removing earth from his
property on the basis of a valid permit issued by the
Geologist. However, respondents 8 and 9 are
obstructing the extraction of the earth. The petitioner
has approached the 5th respondent for police protection
to excavate the earth. It is further submitted by the
learned counsel for the petitioner that the period of the
validity of Ext.P6 permit will expire on 11.06.2024.
In the said circumstances, there will be a direction
to the 5th respondent to afford adequate protection to
the petitioner for removal of earth on the basis of Ext.P6
permit.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
WP(C) No.16600/2024 3/3 Order Date : 10-05-2024
APPENDIX OF WP(C) 16600/2024
Exhibit-P1 THE TRUE COPY OF THE TAX RECEIPT OF THE PETITIONER IN
RE-SURVEY NO.193/7 ISSUED BY THE 6TH RESPONDENT DATED
29.04.2023.
Exhibit-P2 THE TRUE COPY OF THE POSSESSION CERTIFICATE OF THE
PETITIONER IN RE-SURVEY NO.193/7 ISSUED BY THE 6TH
RESPONDENT DATED 11.09.2023.
Exhibit-P3 THE TRUE COPY OF THE SITE-APPROVAL AND BUILDING PERMIT
NO.A4-BA(295381)/2023 DATED 08.09.2023 ISSUED BY THE
ARANMULA PANCHAYATH.
Exhibit-P4 A TRUE COPY OF THE APPLICATION DATED 11.09.2023
SUBMITTED BY THE PETITIONER THROUGH HIS POWER OF
ATTORNEY HOLDER BEFORE THE 7TH RESPONDENT.
Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 19.10.2023 IN
W.P.(C)NO.30624/2023 BY THIS HONOURABLE COURT.
Exhibit-P6 A TRUE COPY OF THE MOVING PERMIT
NO.29/2024-25/1133/DOPTA/M/2023 DATED 23.4.2024 ISSUED
BY THE GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING
AND GEOLOGY, PATHANAMTHITTA.
Exhibit-P7 A TRUE COPY OF THE CHELLAN OF THE ROYALTY AMOUNT OF
RS.12,63,440/- REMITTED BY THE PETITIONER DATED
28.3.2024.
Exhibit-P8 A TRUE COPY OF THE COMPLAINT DATED 23.4.2024 SUBMITTED
BY THE PETITIONER BEFORE THE 5TH RESPONDENT.
