IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 26644 of 2010(E) ----------------------------------------- PETITIONER(S): ------------------------ E.M.KOYAN,AGED 45 YEARS, S/O.MOHAMMEDALY,ERAMTHURUTHY HOUSE,KUTTILANJI KARA, IRAMALLORE VILLAGE,KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): --------------------------- 1. THE INSPECTOR OF POLICE,KOTHAMANGALAM, ERNAKULAM DISTRICT - PIN - 682 311. 2. THE DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM RURAL,ALUVA - 682 516. 3. THE VILLAGE OFFICER,IRAMALLORE VILLAGE, VILLAGE OFFICER,P.O.NELLIKUZHI, KOTHAMANGALAM TALUK - 682 311. 4. TAHSILDAR,KOTHAMANGALAM TALUK, TALUK OFFICE,KOTHAMANGALAM - 682 311. 5. REVENUE DIVISIONAL OFFICER,MUVATTUPUZHA REVENUE DIVISIONAL OFFICE,MUVATTUPUZHA.P.O. - 682 721. R1 TO R5 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26644/2010 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF SALE DEED. P2: COPY OF PHOTOGRAPH SHOWING THE LIE OF THE PROPERTY. P3: COPY OF DECISION OF NELLIKUZHI GRAMA PANCHAYAT DTD. 18/11/2008. P4: COPY OF BUILDING PERMIT FOR THE CONSTRUCTION OF BUILDING. P5: COPY OF POSSESSION CERTIFICATE. P6: COPY OF LOCATION SKETCH ISSUED BY THE 3RD RESPONDENT. P7: COPY OF ORDER ISSUED BY THE PERIYAR VALLEY EXECUTIVE ENGINEER DTD. 03/02/2010. P7(A): COPY OF RECEIPT SHOWING THE REMITTANCE OF THE AMOUNT. P8: COPY OF NO OBJECTION CERTIFICTE FROM THE ASSISTANT DIVISIONAL FIRE OFFICER. P9: COPY OF CERTIFICATE FROM THE SENIOR TOWN PLANNER. P10: COPY OF ACKNOWLEDGEMENT ISSUED FROM THE INDUSTRIES DEPARTMENT. P11: COPY OF ILLEGAL PROHIBITORY ORDER ISSUED BY THE THIRD RESPONDENT. P12: COPY OF PETITION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ WP(C) No.26644 of 2010-E ------------------------------------------------------------------------ Dated 29th September 2010 Judgment Thottathil.B.Radhakrishnan, J. The petitioner complains of police harassment. He seeks a direction to the respondents, not to interfere with the construction of building and installation of machinery, pursuant to Ext.P3 decision of the panchayat and Ext.P4 building permit issued by it. He says that he needs to put up a building and install the machinery, after filling up the property with soil. We have also seen the photographs which are produced as exhibits in this Writ Petition. The petitioner has not produced any material to show that he has got the clearance, if necessary, from the competent authority under the Kerala Conservation of Paddy and Wet Land Act, 2008. Under such circumstances, we direct that if the petitioner produces appropriate certification from the competent authority that permission under the aforementioned Act is not necessary WPC 26644/10 2 or if he produces appropriate permit in terms of that Act, for filling up of the land, police will ensure that the petitioner's activities are not interfered with, if he has got the necessary permit/certificates. The Writ Petition is ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 26644/10 3