IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 20798 of 2011(Y) ------------------------------------- PETITIONER(S): ---------------------- MOOLAVALAPPIL MANZOOR IBRAHIM, S/O.V.V.IBRAHIM HAJI, AGED 39 YEARS, BUSINESS, RESIDING AT 'ZUHARA MANZIL', KOTTATHUVALAPPIL AARAMPEEDIKA, NEDUVOT, P.O.NARATH, KANNUR DISTRICT BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR - 670001. 2. THE SUB INSPECTOR OF POLICE, MAYYIL POLICE STATION, KANNUR DISTRICT - 670001. 3. MR.K.RASHEED, FATHER'S NAME NOT KNOWN, SECRETARY, KOLACHERRY GRAMA PANCHAYATH, KOLACHERRY GRAMA PANCHAYATH OFFICE, KOLACHERRY, KANNUR DISTRICT - 670601. 4. MR.K.K.MUSTHAFFA, S/O.ERAMULLAN, AGED 40, RESIDING AT PADIPUZHAYIL, PALLIPARAMBA, CHELERI AMSOM, DESOM, KANNUR DISTRICT - 670602. R1 & R2 BY GOVT. PLEADER SMT.C.M.CHARISMA R3 & R4 BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.20798/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ASSIGNMENT DEED DTD. 29.7.2010. P2:- COPY OF THE RECEIPT ISSUED BY THE VILLAGE OFFICE, CHELERI DTD. 26.4.2011. P3:-COPY OF THE RECEIPT ISUED BY THE KOLACHERRY GRAMA PANCHAYAT DT. 27.4.2011. P4:- COPY OF THE PROPOSED PLAN AND DETAILS OF THE COMPOUND WALL SUBMITTED BY THE PETITIONER. P5:- COPY OF THE NEWS PAPER REPORT IN CHANDRIKA DAILY DTD. 3.6.11. P6(8 IN NUMBER) COPIES OF THE PHOTOGRAPHS OF THE DAMAGE CAUSED TO THE PETITIONER'S PROPERTY. P7:- COPY OF THE PLAINT IN OS. 284/2011 FILED BY THE PETITIONER AGAINST THE FOURTH RESPONDENT. P8:- COPY OF THE COMMISSION REPORT AND PLAN IN IA. 1609/2011 IN OS. 284/11. P9:- COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.263/11 OF THE MAYYIL TOWN POLICE STATION. P10:- COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICE DTD 17.6.11 ALONG WITH THE APPLICATION OF THE PETITIONER DT.D 28.6.11. P11:- COPY OF THE LAWYER NOTICE ISSUED BY ABDUL KAREEM DTD 15.7.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.20798 of 2011 ------------------------------- Dated this the 10th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This writ petition is filed by the petitioner seeking police protection for filling up his property situated in Cheleri amsom, within the limits of Kolacherry Panchayat in Taliparamba Taluk. A detailed counter affidavit has been filed by respondents 3 and 4, who are respectively the Secretary and President of the panchayat. It is contended therein that in terms of Rule 4 of the Kerala Panchayat Building Rules 2011, for filling up the lands, permit from the panchayat is necessary. In the absence of any such permit, this Court will not be able to issue the police protection direction sought for. It is seen from the affidavit that, the proceedings have been finalised under Section 235 W of the Kerala Panchayat Raj Act against the petitioner for the unauthorised filling up of the land. Even 2 W.P.(C) No.20798 of 2011 as we dismiss the writ petition, we are inclined to accede to the request of Sri.V.Ramkumar Nambiar, counsel for the petitioner that the order finalising the proceedings under Section 235 W of the Kerala Panchayat Raj Act against the petitioner should be communicated to the petitioner. We direct respondents 3 and 4 to communicate the final order passed against the petitioner under Section 235 W of the Kerala Panchayat Raj Act to the petitioner. It is open to the petitioner to challenge the above order in accordance with law. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/