Kerala High Court
WP(C)/30875/2013 of P.V. BALAN Vs THE CIRCLE INSPECTOR OF POLICE on 27 December 2013
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 27TH DAY OF DECEMBER 2013/6TH POUSHA, 1935 WP(C).No. 30875 of 2013 (H) ---------------------------- PETITIONER(S): -------------------------- 1. P.V. BALAN
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY, THE 27TH DAY OF DECEMBER 2013/6TH POUSHA, 1935
WP(C).No. 30875 of 2013 (H) ---------------------------- PETITIONER(S):
--------------------------
1. P.V. BALAN AGED 55 YEARS
S/O. K.VELU, PERASHANNUR, KUTTIPURAM VILLAGE TIRUR TALUK, MALAPPURAM DISTRICT, PIN-679571 PRESENTLY RESIDING AT B-39, NANAKPURA SOUTH MOTI BAGH-2, NEW DELHI-110021 REPRESENTED BY HIS POWER OF ATTORNEY BIBI S.KAIMAL.
2. BIBI S.KAIMAL AGED 41 YEARS
S/O. N.S.KAIMAL, "ANNAPOORNA", KAIKKAT THURUTH KOTHAD P.O., KADAMAKKUDY VILLAGE, KANAYANNUR TALUK ERNAKULAM DISTRICT.
BY ADVS.SRI.T.K.VIPINDAS
SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN
RESPONDENT(S):
----------------------------
1. THE CIRCLE INSPECTOR OF POLICE HILL PALACE, THRIPUNITHURA, PIN-682301. HILL PALACE, THRIPUNITHURA, PIN-682301.
2. SUB INSPECTOR OF POLICE
HILL PALACE, THRIPUNITHURA, PIN-682301.
BY GOVERNMENT PLEADER SRI.A.RANJITH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-12-2013,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 30875 of 2013 (H)
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APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
P1:-TRUE COPY OF THE REGISTERED SALE DEED NO 436/2013 DTD 11/2/2013 OF
SRO THRIPUNIHURA
P2:-TRUE COPY OF BASIC TAX RECEIPT DTD 27/3/2013
P3:-TRUE COPY OF THE BUILDING PERMIT DTD 13/11/2013 ISSUED BY THE
THRIPUNITHURA MUNICIPALITY
P4:-TRUE COPY OF THE PLAN APPROVED BY THE THRIPUNITHURA MUNICIPALITY
PERTAINING TO PERMIT NO PWH-BA-429/13-14
P5:-TRUE COPY OF THE CIRCULAR NO 4/2012 ISSUED BY THE STATE POLICE CHIEF
RESPONDENT(S)' EXHIBITSNIL
---------------------------------------
//True Copy//
PA TO JUDGE
Rp
ANTONY DOMINIC & A.M.SHAFFIQUE, JJ.
============================ W.P.(C) No. 30875 OF 2013
=======================
Dated this the 27[th] day of December, 2013
J U D G M E N T
Antony Dominic, J.
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The first petitioner claims to be the owner of the property covered by Ext.P1 title deed and the second petitioner is stated tobe the person, who is looking after the property, on behalf of thefirst petitioner.
2. In this writ petition, what is complained of by them is that the respondents have prevented them from completing theconstruction of a compound wall around the property. It is statedthat such a prohibitory direction has been issued despite the factthat the work was started after completing all legal formalitiesand that too in the absence of any civil dispute between any one.
3. On the filing of the writ petition, learned Government Pleader was directed to obtain instructions in the matter.Accordingly instructions have been obtained and it is stated bythe learned Government Pleader that respondents have notprevented the petitioners from continuing the constructionactivities of the compound wall.
: 2 :
4. As already stated, what led the petitioners to file thiswrit petition is the allegation made by them that the respondentshave prevented them from completing construction of thecompound wall around the property covered by Ext.P1. Thisallegation has been denied by the learned Government Pleaderwho has obtained instructions in the matter.
In view of the above, this wit petition is closed recording thesubmission of the learned Government Pleader to the aboveeffect and directing that the petitioners will be at liberty tocontinue the construction of the compound wall subject tocomplying with the statutory formalities in that behalf.
Sd/- ANTONY DOMINIC, JUDGE
Rp
//True Copy//PA TO JUDGE
Sd/- A.M.SHAFFIQUE, JUDGE
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