IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH MARCH 2007 / 14TH PHALGUNA 1928 WP(C).No. 5143 of 2007(K) ----------------------------------- PETITIONER: ------------ ANTONY PUTHERICKAL, AGED 38 YEARS, S/O.ITEERA, PUTHARICKAL, PUTHENVELIKKARA P.O. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENTS: ---------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, ALUVA. 2. THE SUB-INSPECTOR OF POLICE, PUTHENVELIKKARA. 3. RAKESH MENON, S/O.P.B.GOPALAKRISHNAN, PUKELAKKATTU ETTUVEETTIL, PALARIVATTOM, KOCHI. BY ADV. SRI.RENJITH THAMPAN SMT.P.A.ANITHA GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5143 of 2007(K) APPENDIX PETITIONER'S EXHIBITS: 1) EXT.P1: PHOTOSTAT COPY OF THE SALE DEED NO.1168/1/2006 DATED 15.5.2006. 2) EXT.P2: SOME PHOTOGRAPHS OF THE PROPERTIES AND THE NEARBY ROAD. 3) EXT.P3: PHOTOSTAT COPY OF THE SKETCH ISSUED BY THE VILLAGE OFFICER, PUTHENVELIKKARA, DATED 02.02.2007. 4) EXT.P4: PHOTOSTAT COPY OF THE ORDER PASSED BY THE RDO, FORT COCHIN, DATED 11.10.2006. 5) EXT.P5: PHOTOSTAT COPY OF THE JUDGMENT IN W.P.(C).NO.17879/2006 Q DATED 11.08.2006. 6) EXT.P6: SOME PHOTOGRAPHS OF THE LAND FROM THE RED EARTH IS REMOVED AND THE ACTION OF THE POLICE OFFICERS WHO ARE SUPPORTING THE ILLEGAL ACTION. 7) EXT.P7: PHOTOSTAT COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT, DATED 13.02.2007. 8) EXT.P8: PHOTOSTAT COPY OF THE LETTER DATED 24.2.2007 ISSUED BY THE VILLAGE OFFICER TO THE PANCHAYATH PRESIDENT, PUTHENVELIKKARA. ............... BKN // TRUE COPY // P.A.TO JUDGE. J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------------------------------ W.P.(C).NO.5143 OF 2007 ----------------------------- Dated this the 5th day of March,2007. J U D G M E N T Koshy, J. This is a petition alleging police harassment. According to learned Government Pleader, police is providing protection as ordered by this court. We direct that police shall not harass the petitioner. If crime is registered against the petitioner, it should be investigated according to law. If the petitioner has got grievances against the respondents for removal of earth, petitioner can apply to the statutory authority or court but should not take the law into his hands. Statutory authorities are free to pass appropriate orders if the excavation is illegal or creating environmental problems. J.B.KOSHY, JUDGE. T.R.RAMACHANDRAN NAIR, JUDGE. bkn