IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 28566 of 2011(U) -------------------------------- PETITIONER(S): ----------------- SANTHOSH KUMAR, S/O. JANARDHANAN, KRISHNABHAVAN, VELIYAM.P.O, KOLLAM. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): ------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, (RURAL DISTRICT, THIRUVANANTHAPURAM), THIRUVANATHAPURAM DISTRICT - 695 001. 2. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANATHAPURAM DISTRICT - 695 101. 3. THE SUB INSPECTOR OF POLICE, PALLIKKAL POLICE STATION, THIRUVANATHAPURAM DISTRICT - 695 604. 4. SREEDAS, S/O. KOCHUKRISHNA PILLAI, THEMBRA PUTHAN VEEDU, VELINALOOR, AYOOR.P.O, KOLLAM DISTRICT - 691 533. 5. GOPALAKRISHNAN, KIZHAKKATHIL VEEDU, UGRAN KUNNU, VELINALOOR, AYOOR.P.O, KOLLAM DISTRICT - 691 533. 6. JYOTHIDAS, S/O. KOCHUKRISHNA PILLAI, THEMBRA PUTHAN VEEDU, VELINALOOR, AYOOR.P.O, KOLLAM DISTTRICT - 691 533. WP(C).No. 28566 of 2011(U) -2- 7. MOHANAN PILLAI, S/O. BHASKARAN PILLAI, HARITHAM, GRAMAM JUNCTION, AARAYIL, PAKALKKURI.P.O, THIRUVANANTHAPURAM DISTRICT -695 604. SR. GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28566 of 2011(U) APPENDIX PETITIONER'S EXTS EXT.P1:- A TRUE PHOTOCOPY OF THE SAID ORDER DATED 27/08/11. EXT.P2:- A TRUE COPY OF THE PETITION DT.29/09/11 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.28566 of 2011 ------------------------------------------------ Dated this the 3rd day of November, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner has approached this Court seeking police protection for removal of red earth from his property extending to 10 cents for the purpose of construction of a house. Ext.P1 is the order issued by the local Tahsildar granting him such permission. According to him, respondents 4 to 7 are local goondas who are raising unnecessary obstructions when the petitioner tried to remove red earth from his property. Even though the party respondents have been served with notice by special messenger none of them have come forward to resist the averments in the Writ Petition. Thus the averments in the Writ Petition stands established by non-traverse as against the party respondents. 2. Sri.M.K.Aboobacker, the learned senior Government W. P. C. No.28566 of 2011 -2- Pleader submitted that the local people objected only when it was noticed that on the strength of Ext.P1 the petitioner was trying to remove rock from the “puramboke” lands which are situated adjacent to the petitioner's property. It has to be ensured that the petitioner confines his activities to what is permitted under Ext.P1. 3. Sri.C.Rajendran, the learned counsel for the petitioner submitted that the petitioner has no intention to remove any rock from the neighbouring Government land. His intention is only to remove red earth from his property so that he can put up a house. 4. Having considered the rival submissions, we are of the view that the petitioner can be granted police protection for the purpose of removal of red earth from his property extending to 4.05 Ares in R.S.1/2 of Pallikkal village of Chirayinkil Taluk strictly in accordance with Ext.P1. If any of the party respondents or anybody acting under them opposes such removal of red earth by the petitioner strictly in accordance with Ext.P1, the officers of police shall render W. P. C. No.28566 of 2011 -3- adequate protection to the petitioner. We make it clear that this judgment does not enable the petitioner to remove rock from his own property or from the neighbouring properties belonging to the Government or to anybody else. We also make it clear that Ext.P1 permits the petitioner to remove the red earth from his property alone. The petitioner is directed to inform the Village Officer, Pallikkal and the 3rd respondent as to when he will commence the activity on the strength of Ext.P1 and the Village Officer, Pallikkal or any other Revenue Officials duly authorised by him will be present so that any transgression of the conditions in Ext.P1 can be prevented. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.28566 of 2011 -4-