Disposed
Thaikkakath Fareedha v. State of Kerala
Kerala HCWP(C)/7049/2016
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 8TH DAY OF MARCH 2016/18TH PHALGUNA, 1937
WP(C).No. 7049 of 2016 (E)
PETITIONER:
THAIKKAKATH FAREEDHA D/O.ABDUL AZEEZ, AGED 37 YEARS, KADAR MANZIL, KADAMBOOR ROAD, EDAKKADU.P.O, KANNUR-670663, REPRESENTED BY HER POWER OF ATTORNEY HOLDER, MUHAMMED SHAFEEQ, S/O.HAMSA, AGED 44 YEARS, RESIDING AT KANDOTH HOUSE, THULICHERRY, P.O.CIVIL STATION, KANNUR-670002.
BY ADVS.SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
2. THE DISTRICT POLICE CHIEF, KANNUR-670002.
3. THE SUB INSPECTOR OF POLICE, EDAKKADU POLICE STATION, KANNUR-670001.
4. SAJIR, S/O.MOIDU, AGED 32 YEARS, P.P.HOUSE, NEAR PARM SHORE RESORT, MUZHAPPILANGAD, KANNUR DISTRICT-670001.
R1 TO R3 BY SENIOR GOVT. PLEADER SRI.C.R.SYAMKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
WP(C).No. 7049 of 2016 (E)
APPENDIX
PETITIONER(S)' EXHIBITS:
| EXT.P1 : | TRUE COPY OF THE BUILDING PERMIT. |
|---|---|
| EXT.P1(A) : | TRUE COPY OF THE SKETCH PLAN. |
| EXT.P2 : | TRUE COPY OF THE APPLICATION DATED 05.02.2016 ADDRESSED TO THE 2ND AND 3RD RESPONDENTS ALONG WITH ENGLISH TRANSLATION. |
| EXT.P3 : | TRUE COPY OF THE ACKNOWLEDGMENT DATED 05.02.2016 ISSUED BY THE 2ND RESPONDENT ALONG WITH ENGLISH TRANSLATION. |
| EXT.P3(A) : | TRUE COPY OF THE ACKNOWLEDGMENT DATED 10.02.2016 ISSUED BY THE 3RD RESPONDENT. |
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
mbr/
ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C). No. 7049 of 2016
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 8th day of March, 2016
JUDGMENT
SHAFFIQUE, J.
This writ petition has been filed alleging that the fourth respondent is obstructing the construction of the boundary wall in respect of the property having an extent of 1 acre 19 cents belonging to the petitioner. It is stated that, when there was a claim made by the Panchayath, the petitioner had filed a suit and had obtained a decree against the Panchayath. It is stated that attempts were being made to have a pathway through the property of the petitioner which was prevented by the petitioner. Petitioner submits that a building permit has been obtained, which is produced as Ext.P1. A plan is also produced along with it as Ext.P1(a).
W.P.C. No. 7049 of 2016
-2-
direct the third respondent to ensure maintenance of law and order in the matter relating to the construction of the boundary wall in respect of the property belonging to the petitioner in terms of Ext.P1 permit, provided it is renewed and is current.
The writ petition is disposed of.
ASHOK BHUSHAN, CHIEF JUSTICE
A.M. SHAFFIQUE, JUDGE
kp/-8.03.16
Thaikkakath Fareedha
State of Kerala
District Police Chief, Kannur
Sub Inspector of Police, Edakkadu
Sajir
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court