High Court Kerala High Court

Vijaya Hariprasad vs The District Collector on 22 May, 2009

Kerala High Court
Vijaya Hariprasad vs The District Collector on 22 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13607 of 2009(Q)


1. VIJAYA HARIPRASAD, MAMPRAKIZHAKKATHIL,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, ALAPPUZHA.
                       ...       Respondent

2. THE SUB DIVISIONAL MAGISTRATE,

3. THE SUPERINTENDENT OF POLICE,

4. THE DEPUTY SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.K.RAVEENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :22/05/2009

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          W.P.(C).No.13607    OF 2009
          ===========================

      Dated this the 22nd day of May,2009

                   JUDGMENT

Petitioner filed W.P.(C)8379/2009 for

adequate protection for conducting quarrying

and transport of laterate building stone, earth

and mud alleging interference and intervention

by the fourth respondent in the Writ Petition.

As per Ext.P1 order, the Division Bench

directed that if a written request is made by

the petitioner to the Sub Inspector of Police,

the third respondent in the Writ Petition,

against any physical obstruction caused to the

work carried out by him, the Sub Inspector

shall visit the premises and if he is satisfied

that such obstruction is caused, necessary

protection shall be afforded. It is also made

clear that petitioner shall ensure that the

tipper lorry carrying the load shall not be run

W.P.(C) 13607/2009 2

at high speed and the speed shall be limited to 35

k.m per hour and the road being a mud road,

petitioner shall sprinkle water on the road.

Ext.P1 order was passed on 24.3.2009. Subsequently

second respondent, the Sub Divisional Magistrate,

Chengannur, issued Ext.P2 preventive order under

section 144(1) of the Code of Criminal Procedure

prohibiting demolition of hills or filling up of

paddy fields for the period from 24.4.2009 to

31.5.2009. Ext.P2 order itself makes it absolutely

clear that the said preventive order is not valid

in respect of sunami works as well as works

sanctioned by the court. Petitioner filed this

petition under Article 226 of the Constitution of

India to quash Ext.P2 contending that it is in

violation of Ext.P1 judgment and also for a

direction not to implement Ext.P2 order in respect

of the work under Ext.P1 judgment.

2. Learned counsel appearing for the

petitioner and learned Public Prosecutor were

W.P.(C) 13607/2009 3

heard.

3. As is clear from Ext.P2 order itself, the

preventive order is not valid in respect of the

works permitted by the court. Therefore Ext.P2

order cannot be in violation of Ext.P1 order passed

by this court, when Ext.P2 itself makes it clear

that it is not valid in respect of works sanctioned

by the court. Hence it is not necessary to give

any direction as sought for by the petitioner.

Writ Petition is dismissed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006