Disposed

Hamza, v. the District Police Chief

Kerala HC15 Jun 2022WP(C)/15905/2022

Case brief

AI extract

What is this about?

The High Court disposed of two writ petitions together. In the petition regarding electrical posts, the Court directed the Electricity Board to refer the dispute about post shifting to the AD Manager. In the petition regarding police protection, the Court discharged the directions as security was granted pending the ADM's decision.

What did the court decide?

Directions issued to the Electricity Board to refer the dispute regarding the shifting of electricity posts to the ADM; the interim order for police protection was not made absolute as security was pr

Hamza, Vs the District Police Chief — Property and Title | Kerala HC (2022)

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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 AMIT RAWAL

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WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944

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WP(C) NO. 15907 OF 2022

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PETITIONER:

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HAMZA,

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AGED 43 YEARS,

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S/O.MOIDEENKUTTY, AKKAPARAMBIL HOUSE,
CHUNANGAD P.O., OTTAPPALAM, PALAKKAD DISTRICT-679 511.

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BY ADV I.DINESH MENON

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RESPONDENTS:

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1 THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD LIMITED, SHORNUR DIVISION, SHORNUR, PALAKKAD-679 121.

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2THE ASSISTANT ENGINEER,
KERALA STATE ELECTRICITY BOARD LIMITED,
ELECTRICAL SECTION, AMBALAPPARA, AMBALAPPARA P.O.,
PALAKKAD DISTRICT-679 512.

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3 SHAHUL HAMEED, S/O.MUHAMMED, ADICHIRA HOUSE, CHUNANGAD P.O., PALAKKAD-679 511.

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4 MOIDEENKUTTY, S/O.ALI, ADICHIRA HOUSE, CHUNANGAD P.O., PALAKKAD-679 511.

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5 USMAN, S/O.ALI, MOOCHIKKAL HOUSE, CHUNANGAD P.O., PALAKKAD-679 511.

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OTHER PRESENT:

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SRI JOSWIN THAMBI KUNNATH, SC, KSEB
SRI JUSTIN JACOB, SR. GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.06.2022, ALONG WITH WP(C).15905/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) Nos.15907 & 15905/2022

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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 AMIT RAWAL

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WEDNESDAY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA,

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1944

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WP(C) NO. 15905 OF 2022

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PETITIONER:

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HAMZA,

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AGED 43 YEARS,

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S/O. MOIDEENKUTTY, AKKAPARAMBIL HOUSE,
CHUNANGAD P.O, OTTAPPALAM,
PALAKKAD DISTRICT 679 511.

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BY ADV I.DINESH MENON

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RESPONDENTS:

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1 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, CIVIL STATION P.O, PALAKKAD 678 001.

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2 THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DY. S.P, SHORNUR P.O, PALAKKAD 679 121.

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3 THE CIRCLE INSPECTOR OF POLICE, OTTAPALAM, OTTAPALAM P.O, PALAKKAD 679 191.

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4 SHAHUL HAMEED, S/O. MUHAMMED, ADICHIRA HOUSE, CHUNANGAD P.O, PALAKKAD 679 511.

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5 MOIDEENKUTTY, S/O. ALI, ADICHIRA HOUSE, CHUNANGAD P.O, PALAKKAD 679 511.

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WP(C) Nos.15907 & 15905/2022

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6USMAN,
S/O. ALI, MOOCHIKKAL HOUSE, CHUNANGAD P.O,
PALAKKAD 679 511.

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BY ADVS.

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RAJESH SIVARAMANKUTTY
ARUL MURALIDHARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.06.2022, ALONG WITH WP(C).15907/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.15907 & 15905/2022

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JUDGMENT

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[WP(C) Nos.15907/2022, 15905/2022]

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This order of mine shall dispose of two writ petitions. W.P(C).No.15905/2022 has been filed seeking following prayers:

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“i. Issue a writ in the nature of mandamus or any other appropriate, order or direction directing respondents 1 to 3 to afford adequate and effective police protection to the petitioner, his wife and minor children from respondents 4 to 6 and their henchmen;

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ii. Issue a writ in the nature of mandamus or any other appropriate, order or direction directing respondents 1 to 3 to consider Ext.P2 request and afford adequate and effective police protection to the petitioner, his wife and minor children from respondents 4 to 6 and their henchmen

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iii. Issue any such other writ, direction or orders, which this Hon’ble Court may deem fit and proper considering the facts and circumstances of the case.”

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WP(C) Nos.15907 & 15905/2022

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Prayer made in W.P(C).N0.15907/2022 are as follows:

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“i. Issue a writ in the nature of mandamus or any other appropriate, order or direction directing respondents 1 and 2 to consider Ext.P1 request made against the shifting of Electrical posts at the instances of respondents 3 to 5 without considering the objections raised by the petitioner against the shifting of electrical posts;

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ii. Issue any such other writ, direction or orders, which this Hon’ble Court may deem fit and proper considering the facts and circumstances of the case.”

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The private respondents in W.P(C).15907/22

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have requested electricity board to supply an electricity connection to their house and the route suggested by them would result into felling of teak trees which would cause irreparable loss and injury much less environmental impact. The electric post was attempted to be shifted without the sanction from the competent authority. In this regard an objection Ext.P1 dated 12.05.2022 to the Executive Engineer, Shornur and

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WP(C) Nos.15907 & 15905/2022

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-6-

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Assistant Engineer, Ambalappara had been submitted. As per the electricity bye-law as and when the said complaint is received by a licensee matter is required to be referred to the ADM for adjudication.

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Learned counsel for the respondent Electricity Board submits that they will refer the dispute to ADM for determination.

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In this view of the matter, W.P(C).19507/22 is disposed of by issuing directions to the respondent Electricity Board to refer the dispute Ext.P1 submitted by the petitioner to ADM for deciding the controversy with regard to shifting of the electric post.

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As regards W.P(C).15905/22, this Court on 13.05.2022 passed the following order:

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“Admit.

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The learned Government Pleader takes notice for R1 to R3. Notice by speed post returnable in two weeks to R4 to R6.

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There will be a direction to respondents 1 to 3

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WP(C) Nos.15907 & 15905/2022

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to afford adequate and effective protection to the life of the petitioner and his family from threat from any person, including respondents 4 to 6.”

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Counsel for the petitioner submits that the security has been granted. The order aforesaid is made absolute till the decision on the application of the petitioner by the ADM. Writ petition is disposed off.

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 Sd/-

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AMIT RAWAL

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JUDGE

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vv

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WP(C) Nos.15907 & 15905/2022

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APPENDIX OF WP(C) 15905/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE REQUEST DATED
12.5.2022 BEFORE ELECTRICITY
AUTHORITIES.
Exhibit P2TRUE COPY OF THE REQUEST DATED
12.5.2022 BEFORE POLICE AUTHORITIES.

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WP(C) Nos.15907 & 15905/2022

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APPENDIX OF WP(C) 15907/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF REQUEST DATED 12.05.2022.

Hamza, v. the District Police Chief

Case brief

What is this about?

What did the court decide?

Hamza, v. the District Police Chief

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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