Kerala High Court
WP(C)/35877/2019 of BABU DAS. C. Vs THE DISTRICT POLICE CHIEF on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF DECEMBER 2019/10TH POUSHA, 1941 WP(C).No.35877 OF 2019(H) PETITIONER/S: BABU DAS. C. AGED 47 YEARS S/O. LATE CHANDRAN, RESIDING AT PALLIKANDATHU HOUSE, UPPUPADAM, KINASSERY P.O. PALAKKAD. BY ADVS.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 31ST DAY OF DECEMBER 2019/10TH POUSHA, 1941
WP(C).No.35877 OF 2019(H)
PETITIONER/S:
BABU DAS. C.AGED 47 YEARSS/O. LATE CHANDRAN, RESIDING AT PALLIKANDATHU HOUSE, UPPUPADAM, KINASSERY P.O. PALAKKAD.
BY ADVS.SRI.T.R.S.KUMARSMT.DEENA JOSEPHSHRI.ABHILASH AUGUSTINE M.
RESPONDENT/S:
1THE DISTRICT POLICE CHIEFPALAKKAD DISTRICT, PALAKKAD 678 001.
2THE CIRCLE INSPECTOR OF POLICE,KINASSERY, PALAKKAD 678 701.KINASSERY, PALAKKAD 678 701.
3THE SUB INSPECTOR OF POLICE,KINASSERY, PALAKKAD 678 701.KINASSERY, PALAKKAD 678 701.
4THE GEOLOGIST,DISTRICT OFFICE OF THE DEPARTMENT, MINING AND GEOLOGY, PALAKKAD 678 014.
OTHER PRESENT:
SMT. MABLE C KURIAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 31.12.2019, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner seeks for an order of policeprotection for the purpose of transportationof clay from the vicinity of a pond situatedin his property. The petitioner asserts thaton the basis of Ext.P1 order dated 04.12.2019,he has been permitted to remove clay from hisproperty. According to him, after he startedcleaning his land, certain persons, who areinimical to him, have obstructed the work. Inthe said circumstances, the petitioner hassubmitted Ext.P3 complaint before the 3[rd]respondent seeking adequate police protection.However, the police have not taken any actionon Ext.P3. According to the petitioner, thevalidity of the licence to remove the claywill expire on 03.01.2020. Therefore, unlessadequate police protection is granted to him,
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he will be disabled from removing the clay within the stipulated time period.
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. The learned counsel for the petitionerreiterates the contentions raised in the writpetition.
4. ThelearnedGovernmentPleader,on
instructions, submits that as on today there is no law and order situation warrantingissuance of the order for police protection.However, if a law and order situation arises,the police is ready to render adequate policeprotection and assistance to the petitioner.
5. In the light of the submission made by thelearned Government Pleader, I deem itlearned Government Pleader, I deem it appropriate to dispose of the writ petition byrecording the above submission made, anddirecting the respondents 2 & 3 to provide adequate police protection to the petitioner,
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if any exigency arises, for transportation ofclay from his property on the strength of Ext.P1 licence.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS
JUDGE
Bka/31.12.2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1TRUE COPY OF THAT ORDER DATED 04.12.2019.EXHIBIT P2TRUE COPY OF THAT PHOTOGRAPHS OF THE COLLECTION OF CLAY.EXHIBIT P3TRUE COPY COMPLAINT DATED 17.12.2019 BEFORE THE 3RD RESPONDENT.EXHIBIT P4TRUE COPY OF RECEIPT DATED 17.12.2019.