In WP(C).No.762 of 2020, the Petitioner sought police protection for constructing a building. The Court held it could not order police protection for construction initiated without a valid building permit, dismissing the writ petition.
The writ petition seeking police protection for construction of a building without a valid permit was dismissed.
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 A.MUHAMED MUSTAQUE
TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941
WP(C).No.762 OF 2020(U)
PETITIONER:
RAJESH R AGED 35 YEARS S/O. RAJENDRAN, KEERTHANA, MARANKOTTUKONAM, KARAVARAM VILLAGE, THIRUVANANTHAPURAM, PIN-695 605.
BY ADVS. SRI.K.SIJU SRI.S.ABHILASH SMT.S.REKHA KUMARI SMT.ANJANA KANNATH
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF THIRUVANANTHAPURAM RURAL, VIKASBHAVAN P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 033.
2 THE STATION HOUSE OFFICER KALLAMBALAM POLICE STATION, KALLAMBALAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN-695 605.
KARAVARAM P.O., THIRUVANANTHAPURAM, PIN-695 605 REPRESENTED BY ITS SECRETARY.
4 SWAPNA M.S. UTHRADAM, AZHAMKONAM, THOTTAKKADU P.O., KALLAMBALAM THIRUVANANTHAPURAM DISTRICT, PIN-695 605.
5 SOUMYA M.S. SWAPNAVILASOM, THOTTAKKADU P.O., KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN-695 605.
BY ADV. SRI.BIJU BALAKRISHNAN BY ADV. SMT.V.S.RAKHEE BY ADV. SMT.SAYUJYA
SR GP ADV. SRI.PP THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.762 OF 2020(U)
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JUDGMENT
Dated this the 4th day of February 2020
The writ petition is filed seeking police protection for construction of the building in Re-Survey Nos.227/9A & 227/9B of
Karavaram Village.
As of now, there is no permit for construction of the building. This Court cannot order for police protection to complete such construction of the building which is initiated without any valid permit. Therefore, the writ petition is only to be dismissed. Accordingly, the writ petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
SAS/04/02/2020
WP(C).No.762 OF 2020(U)
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF TAX RECEIPT REGARDING PAYMENT OF BASIC LAND TAX FOR THE YEAR 2019-2020 DATED 5.8.2019.
EXHIBIT P2 THE TRUE COPY OF PROCEEDINGS NO.A2-4137/19 DATED 15.10.2019 PASSED BY THE 3RD RESPONDENT. EXHIBIT P3 THE PHOTOGRAPHS SHOWING DEMOLITION OF CERTAIN PORTION OF THE BUILDING. EXHIBIT P4 THE TRUE COPY OF COMPLAINT DATED 11.12.2019 SUBMITTED BEFORE THE 2ND RESPONDENT AND ITS RECEIPT.
RESPONDENTS' EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE
1 issue framed by the court
Whether the Court can order police protection for construction of a building initiated without a valid permit.
RAJESH R
THE DISTRICT POLICE CHIEF THIRUVANANTHAPURAM RURAL
THE STATION HOUSE OFFICER KALLAMBALAM POLICE STATION
KARAVARAM GRAMA PANCHAYATH
SWAPNA M.S. UTHRADAM
SOUMYA M.S.
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
