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Angel Raj vs The Superintendnet Of Police … on 18 December, 2008

Kerala High Court
Angel Raj vs The Superintendnet Of Police … on 18 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37546 of 2008(T)


1. ANGEL RAJ, S/O. YESUDAS, AGED 39
                      ...  Petitioner
2. JEEN RAJ, S/O. YESUDAS, AGED 41 YEARS,

                        Vs



1. THE SUPERINTENDNET OF POLICE (RURAL),
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. RAJAN, S/O.KESAVAN NAIR,

4. THE VILLAGE OFFICER, MARAMPILLY, ALUVA.

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :18/12/2008

 O R D E R
        K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ.
          -----------------------------------------------------
                  W.P.(C)No.37546 OF 2008 T
        -----------------------------------------------------
            DATED THIS THE 18th DAY OF DECEMBER, 2008

                          J U D G M E N T

Balakrishnan Nair, J.

The petitioners are brothers. They have purchased two

small plots of land in Marampilly Village in Aluva Taluk. They are

proposing to construct residential buildings there. They want to

shift to their own buildings, from the rented buildings occupied by

them. The properties purchased by them are wet lands which

have to be filled, for constructing the residential buildings. The

petitioners think, such filling is permissible for small house plots.

The local people led by the 3rd respondent, who is a blind man,

are causing obstruction to the filling of the land. Apparently,

they are opposing it on environmental grounds. The petitioner

filed Exhibit P11 representation before the police pointing out the

obstruction caused and seeking protection. Since, the police

failed to extend any helping hand to them, this Writ Petition is

filed, seeking the following reliefs:

i) Issue a writ of mandamus or any other

appropriate writ, order or direction directing the 1st and 2nd

W.P.(C)No. 37546/08 -2-

respondents to provide adequate police protection to the

petitioners against 3rd respondent and his men to construct

petitioners’ residential buildings as per the building permits

issued by Vazhakkulam Grama Panchayat.

ii) Issue a writ of mandamus or any other

appropriate writ, order or direction directing the 1st and 2nd

respondents to consider Exhibit P11 representation

forthwith.

Going by Exhibit P11, we notice that the same does not disclose

any cognizable offence. The allegation is regarding simple

obstruction. If that be so, the remedy of the petitioners lie

before the competent civil court. Accordingly, the Writ Petition is

dismissed, without prejudice to the contentions of the petitioners

and their right to move the competent civil court for appropriate

reliefs.

K.BALAKRISHNAN NAIR, JUDGE.

M.C.HARI RANI, JUDGE.

dsn

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