IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 34131 of 2010(N) --------------------------------------- PETITIONER(S): ----------------------- HILMUN NAZAR, AGED 37 YEARS, S/O.ABOOBACKER, POONAMBATHETHIL, CHELUR, THALI P.O THRISSUR DISTRICT-680585. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, WADAKKANCHERY POLICE STATION, WADAKKANCHERY. 3. THE SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION, THRISSUR. 4. C.P.ABOOBACKER, S/O.KUNHAPPUTTY, CHELUR PEEDIKAYIL HOUSE, P.O.THALI, THRISSUR DISTRICT.PIN- 680 585 5. MANU @ MOIDU, S/O.HYDRU, THOTTAMPILLY VEEDU, CHATHANNOOR P.O., PALAKKAD DISTRICT. PIN- 690 001 6. C.P.HAMZA, S/O.VEERAN HAJEE, CHELUR PEEDIKAYIL VEEDU, THALI P.O.680 585. 7. MOHAMMED C.P., S/O.MOIDEENKUTTY, CHELUR PEEDIKAYIL VEEDU, P.O.THALI.680 585. 8. NOUSHAD C.P., S/O.MOIDEENKUTTY, CHELUR PEEDIKAYIL VEEDU, THALI P.O. 680 585. R1 TO R3 BY GOVERNMENT PLEADER SRI. C.K. KARISHMA R4 TO R8 BY ADV. SRI.ESM.KABEER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO. 34131/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT IN WP(C) NO. 14250/2010, DATED 2/6/2010 PASSED BY THIS COURT. P2 COPY OF THE SALE DEED EXECUTED IN FAVOUR OF THE PETITIONER AND HIS BROTHER ONE MR. JISHAD. P3 COPY OF THE RECEIPT SHOWING THE REMITTANCE OF THE NECESSARY AMOUNT TOWARDS THE ISSUANCE OF THE PERMIT TO THE PANCHAYATH. P4 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR THALAPPILY THALUKE. P5 COPY OF THE COMMUNICATION ISSUED BY THE THAHASILDAR, THALAPPILY THALUKE. P6 COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT. P7 COPY OF THE ACKNOWLEDGMENT CARDS RECEIVED BY THE PETITIONER SHOWING THE RECEIPT OF THE COMPLAINTS BEFORE THE CHIEF MINISTER OF KERALA. P7(A) COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT. P7(B) COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT. P7(C) COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT. P8 COPY OF THE PHOTOCOPY OF THE NEWS ITEM CAME IN A MALAYALAM DAILY. P9 COPY OF THE GOVERNMENT ORDER NO. G.O. NO. (MS) NO. 85/2010/INDU, DATED 5/4/2010. RESPONDENT'S EXHIBITS: R4(A) COPY OF THE NEWS ITEM IN MALAYALAMANORAMA DAILY DATED 26/09/2010. R4(B) COPY OF THE RELLEVING CERTIFICATE ISSUED TO THE PETITIONER FROM THE CHELUR MASJID DATED 02/04/10. R4(C) COPY OF THE CHALAN SHOWING THE PAYMENT OF FEE TO FIX THE BOUNDARY THROUGH TALUK SURVEYOR DATED 11/11/10. /TRUE COPY/ P.S.TO.JUDGE sts K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.34131 of 2010 ---------------------------------------- Dated this the 6th day of December 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) Issue a writ of Mandamus or any other appropriate writ or order or direction directing the respondents 1 to 3 to provide adequate police protection against the respondents 4 to 8 for completing the smooth construction activities of the residential building in the property covered in Exhibit P-2. ii) Issue a writ of Mandamus or any other appropriate writ or order or direction commanding the respondents 1 to 3 to provide adequate and effective police protection to the life of the petitioner and his family members. 2. Briefly put, the case of the petitioner is as follows: 3. During the year 2005, the petitioner's father executed a sale deed in favour of the petitioner for an extent of 24.80 cents of land in survey no.137/7 in Erumapetty village. On the north-western side of the above said property there is 5 cents of W.P.C.No.34131 of 2010 2 land owned by the Juma Masjid. There were disputes and the petitioner had approached the police authorities and thereafter filed a writ petition which culminated in Ext.P1 judgment wherein the petitioner was relegated to approach the competent civil court. The further case of the petitioner is that petitioner's brother has obtained 52.63 cents of land by way of sale deed during the year 2007 under Ext.P2. It is situated in a hilly area. The petitioner started development of the plots by removing the soil from the hill portion. He obtained necessary sanction/permit from the local Government and remitted necessary amount towards the permit to the Panchayat authorities. True copy of the receipts showing remittance of the necessary amount for issuance of the permit to the Panchayat is produced as Ext.P3. Ext.P4 is stated to be the application before the Tahsildar. Ext.P5 is the communication from the Tahsildar stating that G.O.No.85/2010 does not contemplate permission for removing of the soil from the above land. The petitioner has filed Ext.P6 complaint and is before us. 4. We have heard the learned counsel for the petitioner, learned counsel for respondents 4 to 8 and also the learned W.P.C.No.34131 of 2010 3 Government Pleader. Of course, the learned counsel for respondents 4 to 8 would submit that in regard to 52.63 cents of land, they are having no connection and they do not intend to obstruct any lawful activity of the petitioner. The learned Government Pleader further submits that levelling of the property is already completed and also after 26/9/2010, there is no removal of the soil. 5. We record the submissions of the learned Government Pleader and also the learned counsel for respondents 4 to 8. However, we make it clear that this judgment should not in any way be understood as disabling any statutory authority from exercising its statutory duties nor will stand in the way of restraining any illegal activities which the petitioner may undertake in respect of the property. 6. The writ petition is disposed of. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.34131 of 2010 4 W.P.C.No.34131 of 2010 5 W.P.C.No.34131 of 2010 6 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010