IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 9277 of 2007(D)
1. JOSE, KARUMATHI HOUSE,
... Petitioner
2. PAULOSE, DO, DO.
3. DEVASSYKUTTY, DO. DO.
4. ANTONY, @ ANTU DO. DO.
Vs
1. S.I. OF POLICE,
... Respondent
2. C.I. OF POLICE,
3. THE SUPERINTENDENT OF POLICE,
4. THE REVENUE DIVISIONAL OFFICER,
5. A.THANKAPPAN,
For Petitioner :SRI.P.N.GOPALAKRISHNAN NAIR
For Respondent :SRI.JOHNSON ABRAHAM
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :11/04/2007
O R D E R
J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.
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W.P.(C).NO. 9277 OF 2007
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Dated this the 11th day of April, 2007.
JUDGMENT
Koshy, J.
This is a petition for police protection. It is the case of the petitioner that
when the petitioner wanted to develop the property which contained many pits
due to removal of clay for brick manufacturing, there were obstructions from
the public and they want police protection. They also submitted that the land in
question was not cultivated for many years. Counsel for the 5th respondent
submitted that nearby places are paddy fields. The question is whether the
property in question is used to cultivate paddy notwithstanding the description
in the document and it is a question of fact. It is submitted that they filed a
complaint before the statutory authorities. Personal allegation against 5th
respondent was also denied. We only state that law and order cannot be taken
by any person. If land utilisation order or any other statutory orders are
violated, it is for the petitioners or objectors to approach the statutory
authorities or court and get prohibitory orders. In the absence of any
prohibitory orders, petitioners work shall not be obstructed and police is bound
to grant protection. Interim order dated 19.3.2007 is confirmed with the above
observation and the Writ Petition is disposed of.
J.B.KOSHY, JUDGE.
T.R.RAMACHANDRAN NAIR, JUDGE.
bkn