In a writ petition seeking police protection for filling land with a residential permit, the High Court dismissed the petition as an abuse of process due to the petitioner's failure to produce the mandatory sand transport permit despite three adjournments.
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 MR.JUSTICE K.VINOD CHANDRAN &
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 18TH DAY OF JUNE 2018 / 28TH JYAISHTA, 1940
W.P(C).No.11735 of 2018-N
PETITIONER(S):-
TIJOMON.V.A., S/O. ANTONY, AGED 28 YEARS, VALIYAVEEDU, VELOOR P.O., VELOOR, KOTTAYAM DISTRICT.
BY ADV.SRI.J.ABHILASH.
RESPONDENT(S):-
1. THE DISTRICT POLICE CHIEF, KOTTAYAM-686001.
2. THE STATION HOUSE OFFICER,
3. V. V. SHILAJA, AGED 62, W/O. LATE SATHEESHAN, KONNEPARAMBIL HOUSE,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.11735 of 2018 (N)
APPENDIX
PETITIONER(S)' EXHIBITS:-
RESPONDENT(S) EXHIBITS:-
NIL.
Vku/[ true copy ]
K. Vinod Chandran & Ashok Menon, JJ.
W.P(C) No.11735 of 2018-N
------------------------------------------------------Dated, this the 18th day of June, 2018
JUDGMENT
Vinod Chandran, J:
The petitioner seeks removal of obstruction for an activity carried on in accordance with Exhibit P1.
permitted to convert 5 cents of land for the purpose of construction of a residential house as per the sanction given under the Kerala Conservation of Paddy Land and Wetland Act, 2008. The petitioner has also impleaded the 3rd respondent who is said to be objecting to the filling up.
WP(C) No.11735 of 2018 - 2 -
writ petition for police protection was filed alleging obstruction. If transport had been made without a permit, the same is illegal and there can be no interference by police to effect such transport. If not, the petitioner has filed the above writ petition anticipating an obstruction, in which event also a writ petition is not maintainable. In such circumstance, there is a clear abuse of process of Court. The writ petition is dismissed.
Sd/K.Vinod Chandran Judge
Sd/Ashok Menon Judge
vku/-
[ true copy ]
2 issues framed by the court
Whether a writ petition for police protection is maintainable when no permit for sand transport was produced despite repeated adjournment.
Whether the filing of the petition anticipating obstruction, absent legal authority, constitutes abuse of court process.
1 provisions across 1 enactments
Tijomon.V.A.
The District Police Chief, Kottayam
The Station House Officer, Kottayam West Police Station
V. V. Shilaja
K.Vinod Chandran
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
