High Court Kerala High Court

Mohammedali vs The District Collector on 2 August, 2010

Kerala High Court
Mohammedali vs The District Collector on 2 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17394 of 2010(Y)


1. MOHAMMEDALI, AGED 55 YEARS
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, THRISSUR
                       ...       Respondent

2. TAHSILDAR, MUKUNDAPURAM TALUK

3. KERALA STATE HOUSING BOARD

4. THE CIRLCE INSPECTOR OF POLICE

5. SUB INSPECTOR OF POLICE,

6. SUB INSPECTOR OF POLICE

7. SIJU

8. SANOOP

9. APPU,

10. GOPI, THAYYIL HOUSE,

11. SHAJI,THIRUVATHRA HOUSE

12. LIBESH KOTTATHARA HOUSE

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  :SRI.P.K.SAJEEV

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :02/08/2010

 O R D E R
                            K. M. JOSEPH &
                     M.L. JOSEPH FRANCIS, JJ.
               --------------------------------------------------
                  W.P(C). NO. 17394 OF 2010 Y
              ---------------------------------------------------
                  Dated this the 2nd August, 2010

                               JUDGMENT

K.M. Joseph, J.

Petitioner has approached this Court seeking the following

relief:

“I. Issue a writ in the nature of mandamus

commanding respondents 4, 5 and 6 to afford

adequate and effective police protection to the

petitioner for removing ordinary earth from his

property for the purpose of tsunami rehabilitation

scheme, as permitted in Ext.P2 by the District

Collector, Thrissur in the event of any obstruction

from respondents 7 onwards.”

2. Counter Affidavit has been filed by respondents 7 to 9,

11 and 12. Therein they have, inter alia, produced Ext.R9(i)

issued by the Additional Tahsildar issuing a stop memo,

addressed to the Village Officer. We notice that the petitioner

has filed Ext.P5 before the District Collector as against the

WPC.17394/2010 Y 2

same. In the light of this, as things stand, the petitioner cannot

claim any relief in this Writ Petition. Accordingly, we close the

Writ Petition without prejudice to the right of the petitioner to

approach this Court again.

Sd/=
K.M. JOSEPH,
JUDGE

Sd/=
M.L. JOSEPH FRANCIS,
JUDGE
kbk.

// True Copy //

PS to Judge