Dismissed

Mohammedali v. Dist. Collector and Others

Kerala HC2 Aug 2010WP(C)/17394/2010

Case brief

AI extract

What is this about?

The Kerala High Court dismissed the petitioner's writ petition for mandamus seeking police protection for tsunamirehabilitation earth removal. Observing that respondents produced a stop memo contradicting the petitioner's claim that work was permitted, the court denied relief without prejudice to future applications.

What did the court decide?

The court closed the Writ Petition without prejudice to the petitioner's right to approach the court again.

Mohammedali Vs Dist. Collector and Others — Writ and Judicial Review | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS

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MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932

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WP(C).No. 17394 of 2010(Y)

PETITIONER(S):

MOHAMMEDALI, AGED 55 YEARS S/O.PAREED, NALAKATH HOUSE, VADAMA PO, MALA, THRISSUR DIST.

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BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA

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RESPONDENT(S):

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THE DISTRICT COLLECTOR, THRISSUR

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TAHSILDAR, MUKUNDAPURAM TALUK IRINJALAKUDA.

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KERALA STATE HOUSING BOARD REP BY ITS EXECUTIVE ENGINEER DISTRICT OFFICE, THRISSUR.

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THE CIRLCE INSPECTOR OF POLICE MALA POLICE STATION, THRISSUR DIST.

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SUB INSPECTOR OF POLICE,

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MALA POLICE STATION, THRISSUR DIST.

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SUB INSPECTOR OF POLICE MATHILAKAM POLICE STATION, THRISSUR DIST.

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SIJU CHEKKEDATH HOUSE, KANNIKULANGARA PO PUTHENCHIRA, MALA, THRISSUR DIST.

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SANOOP PARAPARAMBIL HOUSE, KANNIKULANGARA PO PUTHENCHIRA, MALA, THRISSUR DIST.

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APPU, KULANGARA HOUSE, KANNIKULANGARA PO PUTHENCHIRA, MALA, THRISSUR DIST.

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W.P.(C).NO.17394 OF 2010

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GOPI, THAYYIL HOUSE, KANNIKULANGARA PO ,PUTHENCHIRA, MALA, THRISSUR DIST.

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SHAJI,THIRUVATHRA HOUSE KANNIKULANGARA PO ,PUTHENCHIRA, MALA, THRISSUR DIST.

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LIBEESH KOTTATHARA HOUSE KANNIKULANGARA PO ,PUTHENCHIRA, MALA, THRISSUR DIST.

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R1 TO R6 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS.

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ADV. SRI.P.K.SAJEEV FOR R7,8,9,11,12.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN W.P.(C).NO.17394 OF 2010 Y

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PETITIONER'S EXHIBITS:

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EXT.P1TRUE COPY OF THE BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER DATED 19.04.2010.

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EXT.P2TRUE COPY OF THE LETTER DATED 17.05.2010 OF THE DISTRICT COLLECTOR, THRISSUR.

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EXT.P3TRUE COPY OF THE GOVERNMENT ORDER DATED 05.04.2010.

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EXT.P4TRUE COPY OF THE LETTER OF THE KERALA STATE HOUSING BOARD TO THE TAHSILDAR, MUKUNDAPURAM.

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EXT.P5TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR DATED 18.06.2010.

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RESPONDENTS' EXHIBITS:

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EXT.R9(A) TRUE COPY OF AGREEMENT DATED 16.1.2008.

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EXT.R9(B) TRUE COPY OF COMPLAINT GIVEN TO THE DISTRICT COLLECTOR, THRISSUR.

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EXT.R9(C) TRUE COPY OF ACKNOWLEDGMENT CARD.

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EXT.R9(D) TRUE COPY OF RELEVANT PAGE OF THE KERALA KAUMUDI DAILY DATED 5.6.2010.

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EXT.R9(E) TRUE COPY OF RELEVANT PAGE OF THE KERALA KAUMUDI DAILY DATED 6.6.2010.

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EXT.R9(F) TRUE COPY OF RELEVANT PAGE OF THE MALAYALA MANORAMA DAILY DATED 8.6.2010.

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EXT.R9(G) TRUE COPY OF RELEVANT PAGE OF THE MATHRUBHOOMI DAILY DATED 8.6.2010.

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EXT.R9(H) TRUE COPY OF THE PHOTOGRAPHS.

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EXT.R9(I) TRUE COPY OF THE COMMUNICATION NO.B5-17995/10 GIVEN BY THE TAHSILDAR TO THE VILLAGE OFFICER DATED 7.6.2010.

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// True Copy //

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PS to Judge

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K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ.

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W.P(C). NO. 17394 OF 2010 Y --------------------------------------------------Dated this the 2^nd August, 2010

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JUDGMENT

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K.M. Joseph, J.

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Petitioner has approached this Court seeking the following relief:

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“I. Issue a writ in the nature of mandamus commanding respondents 4, 5 and 6 to afford adequate and effective police protection to the petitioner for removing ordinary earth from his property for the purpose of tsunami rehabilitation scheme, as permitted in Ext.P2 by the District Collector, Thrissur in the event of any obstruction from respondents 7 onwards.”

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Counter Affidavit has been filed by respondents 7 to 9,

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11 and 12. Therein they have, inter alia, produced Ext.R9(i) issued by the Additional Tahsildar issuing a stop memo, addressed to the Village Officer. We notice that the petitioner has filed Ext.P5 before the District Collector as against the

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WPC.17394/2010 Y

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same. In the light of this, as things stand, the petitioner cannot

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claim any relief in this Writ Petition. Accordingly, we close the

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Writ Petition without prejudice to the right of the petitioner to approach this Court again.

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Sd/=

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K.M. JOSEPH, JUDGE

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kbk.

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// True Copy //

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PS to Judge

Mohammedali v. Dist. Collector and Others

Case brief

What is this about?

What did the court decide?

Mohammedali v. Dist. Collector and Others

Case brief

What is this about?

What did the court decide?

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