Disposed
U.K.Santhoshkumar v. City Police Commissioner
Kerala HCWP(C)/12411/2020
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 11TH DAY OF SEPTEMBER 2020 / 20TH BHADRA, 1942
WP(C).No.12411 OF 2020(B)
PETITIONER:
U.K.SANTHOSHKUMAR AGED 53 YEARS
S/O.UNNIKRISHNAN, 37, PUKAZHENTHI STREET, M.G.R. NAGAR, CHENNAI-600 078, REPRESENTED THROUGH POWER OF ATTORNEY, SMT.KAINARI VASANTHAKUMARI, D/O.RAMACHANDRAN PULIKKOTT, SRIMADHAVAM, NEAR NILAMBUR RAILWAY STATION, NILAMBUR POST, ERNAD TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.R.K.MURALEEDHARAN
RESPONDENTS:
1 CITY POLICE COMMISSIONER OFFICE OF THE CITY POLICE COMMISSIONER, KOZHIKODE-673 004.
2 THE C .I. OF POLICE, NADAKKAVU POLICE STATION, EAST NADAKKAVE, VELLAYIL, KOZHIKODE-673 011.
3 THE S.I. OF POLICE, NADAKKAVU POLICE STATION, EAST NADAKKAVE, VELLAYIL, KOZHIKODE-673 011.
4 SRI.T.C.BIJURAJ, AGED 48 YEARS COUNCILLOR, WARD NO.64, THOTTUNGAL HOUSE, ERANHIPALAM, KOZHIKODE-673 006.
5 SRI.SIVANANDAN, AGED 65 YEARS S/O.KELUKUTTY, KAVUNGAL PARAMBA, RARICHAN ROAD, ERANHIPALAM, KOZHIKODE-673 006.
6 ADDL. R6. THE SECRETARY, KOZHIKODE CORPORATION.
(ADDITIONAL R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 12/08/2020 IN WPC)
WP(C).No.12411 OF 2020 2
R1TO R3 BY SRI K P HARISH, SR GOVERNMENT PLEADER R4 & R5 BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH R6 BY ADV. SHRI.V.KRISHNA MENON, SC, KOZHIKODE MUNICIPAL CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12411 OF 2020 3
JUDGMENT
This writ petition is filed seeking the following reliefs:
“i) issue a writ of mandamus or any other appropriate writ, direction or orders, directing the respondents 1 to 3 to provide sufficient, adequate and effective police protection to the petitioner and his employees for completing the construction of the compound wall in the southern and eastern side of the property comprised in Exhibit-P1 as per Exhibit-P2 plan and license.”
2. When this matter had come up on 14.08.2020, this Court passed the
following order:
“After hearing the submissions of Sri.R.K.Muralidharan, the learned counsel appearing for the petitioner and Sri.V.V.Surendran, the learned counsel appearing for respondent Nos.4 and 5, this Court by order dated 12.8.2020 had suo motu impleaded the Secretary, Kozhikode Corporation as an additional respondent. This was done on the basis of the submission by the opposing counsels that the construction can be carried out strictly in terms of Ext.P2 permit, provided the construction work is overseen by an officer of the Corporation.
WP(C).No.12411 OF 2020 4
Corporation.
3. Today when this matter was taken up, Sri.R.K.Muraleedharan, the
learned counsel appearing for the petitioner submits that in terms of the order, construction has been completed under the supervision of the Assistant Engineer of the concerned Section and the Overseer of the Public Works and all that remains is the plastering of the wall.
party respondents faintly submitted that the construction is strictly not in terms of the permit, his submission is controverted by Sri.V.Krishna Menon, the Standing Counsel appearing for the Corporation who submitted that the construction is in
WP(C).No.12411 OF 2020 5
consonance with the permit and has been found to be so by the officers of the Corporation.
Now that the construction of the wall is over, the interim order will stand
absolute and the writ petition is closed.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV/11.9.2020
WP(C).No.12411 OF 2020 6
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF DEED NO.1443/2 |
THE 008 D |
JENMOM ASSIGNMENT ATED 28.04.2008. |
|---|---|---|---|
| EXHIBIT P2 | A TRUE COPY OF 25.06.2019 AND |
THE PLAN |
PERMIT DATED DATED 26.06.2019. |
| EXHIBIT P3 | A TRUE COPY OF BEFORE THE 2ND 02.08.2019. |
THE AND |
COMPLAINT FILED 3RD RESPONDENTS DATED |
| EXHIBIT P4 | A TRUE COPY OF 31.01.2019. |
THE | NOTICE DATED |
| EXHIBIT P5 | A TRUE COPY OF BEFORE THE MUN EXCLUDING THE |
THE SIFF DOCUM |
PLAINT IN OS 6/2020 COURT, KOZHIKODE ENTS. |
| EXHIBIT P6 | A TRUE COPY OF THE IA NO.2/20 |
THE 20 DA |
AFFIDAVIT ALONG WITH TED 06.01.2020. |
| EXHIBIT P7 | A TRUE COPY OF 31.01.2020 FIL |
THE ED BY |
COUNTER DATED PETITIONER. |
| EXHIBIT P8 | A TRUE COPY OF THE DEPARTMENT DATED 7/5/2020 |
THE OF L |
CIRCULAR ISSUED BY OCAL SELF GOVERNMENT, |
| EXHIBIT P9 | TRUE COPIES OF | THE | PHOTOGRAPHS. |
RESPONDENT'S/S EXHIBITS:
//TRUE COPY// P.A.TO JUDGE
U.K. SANTHOSHKUMAR
CITY POLICE COMMISSIONER, KOZHIKODE
C.I. OF POLICE, NADAKKAVU POLICE STATION
S.I. OF POLICE, NADAKKAVU POLICE STATION
T.C. BIJURAJ
SIVANANDAN
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
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