High Court Kerala High Court

A.K.Husain vs The State Of Kerala on 9 March, 2010

Kerala High Court
A.K.Husain vs The State Of Kerala on 9 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7250 of 2010(E)


1. A.K.HUSAIN, AGED 65 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE DEPUTY SUPERINTENDENT OF POLICE,

3. THE SUB INSPECTOR OF POLICE,

4. P.K.SUKUMARAN,

5. P.K.MUHAMMED ALI, PALAKANDI HOUSE,

                For Petitioner  :SRI.RAFFEEKH.K

                For Respondent  :SRI.K.A.SALIL NARAYANAN

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

 Dated :09/03/2010

 O R D E R
                          K. M. JOSEPH &
                 M.L. JOSEPH FRANCIS, JJ.
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                  W.P.(C).No. 7250 of 2010 E
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             Dated this the 9th day of March, 2010

                             JUDGMENT

Joseph, J.

The petitioner approached this Court for a direction to

respondents 1 to 3 to provide adequate police protection to the

life and property of the petitioner and his family members.

2. Briefly the case of the petitioner is as follows.

Petitioner is residing with his family at Puduppadi Village,

Adivaram in Kozhikode district. His house is situated in an

extent of 1.70 acres of land. The petitioner had relinquished

more than 10 cents of land for the Panchayat road nine years

back and that road is still maintained by the Panchayat in good

condition. However, the petitioner’s property was trespassed

W.P.(C).No. 7250 of 2010

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again and cultivation in more than 10 cents of land was destroyed to

provide road access to the property of the 4th respondent. Petitioner

approached this Court by filing W.P.(C) No. 18226 of 2009 and as per

Ext.P1 judgment it is directed that the building or any structures

belonging to the petitioner shall not be demolished unless there is

relinquishment in terms of the Kerala Land Relinquishment Act and

Rules or acquisition in terms of the Land Acquisition Act.

3. After that, the District Collector heard the parties and passed

Ext.P2 order on 11.2.2010. The Puduppadi Panchayat was directed

to acquire land as per the sketch and plan. The allegation is that

inspite of that order, respondents 4 and 5 are threatening the petitioner

saying that a new road through the property of the petitioner will be

constructed. The petitioner filed Ext.P3 complaint before the police

seeking police protection. The notice circulated by respondents 4 and

5 on 4.3.2010 is Ext.P4, which would show that a ‘march’ will be

W.P.(C).No. 7250 of 2010

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conducted to the petitioner’s house. Respondents 4 and 5 are political

leaders and they will use mob to attach the petitioner and his family, it

is submitted.

4. Heard learned counsel for the petitioner, learned counsel for

respondents 4 and 5 as also the learned Government Pleader.

5. Learned counsel for respondents 4 and 5 would submit that

they have no objection in granting police protection to the petitioner.

According to them, the petitioner had agreed to relinquish his property

and part of the road was laid also pursuant to the promise of the

petitioner. We record the above submission of the learned counsel for

respondents 4 and 5 and direct that in case there is any threat to the life

of the petitioner or his property from respondents 4 and 5, respondents

1 to 3 will provide adequate protection for the life and property of the

petitioner made mention in the Writ Petition. We however make it

clear that this will certainly not stand in the way of the concerned

W.P.(C).No. 7250 of 2010

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authority acquiring any part of the property of the petitioner in

accordance with law.

6. The Writ Petition is disposed of as above.

(K. M. JOSEPH)
Judge

(M.L. JOSEPH FRANCIS)
Judge

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