Disposed

Lalaji Chellappan v. Shyam S

Kerala HC24 Mar 2022WP(C)/8676/2022

Case brief

AI extract

What is this about?

Petitioner sought police protection and preventive action against obstructions by respondents 1 and 2 during property construction. Court directed third respondent to afford protection in dry land upon notification if obstruction occurs by petitioner's relatives.

What did the court decide?

Direction to third respondent (DP) that if petitioner faces obstruction from respondents 1 or 2 during construction in dry land, DP shall afford necessary protection upon intimation.

Lalaji Chellappan Vs Shyam S — Writ and Judicial Review | 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 MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 24^TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944

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WP(C) NO. 8676 OF 2022

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PETITIONER:

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LALAJI CHELLAPPAN AGED 66 YEARS SON OF CHELLAPPAN, LOVE DALE, PERUMPUZHA P.O.,ILAMPELLOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT., PIN - 691504

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BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ

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RESPONDENTS:

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1 SHYAM S AGED 34 YEARS PUTHENTHARAYIL HOUSE, KARUVATTA P.O, KARUVATTA VILLAGE, KARTHIKAPPILLY TALUK, ALAPPUZHA DISTRICT, PIN - 690517

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2 SUBHASH AGED 42 YEARS SON OF SUGATHAN, KETHAKAPALLIL, EDAKKADOM P.O., EZHUKONE VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT, PIN - 691505 3 INSPECTOR OF POLICE AMBALAPPUZHA POLICE STATION, ALAPPUZHA DISTRICT, PIN - 688561 4 DEPUTY SUPERINTENDENT OF POLICE ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688012 5 DISTRICT POLICE CHIEF ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688012 6 THE VILLAGE OFFICER PURAKKAD VILLAGE, ALAPPUZHA DISTRICT, PIN - 688561

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7 THE DISTRICT COLLECTOR ALAPPUZHA DISTRICT, CIVIL STATION, ALAPPUZHA, PIN - 688001

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WP(C) NO. 8676 OF 2022

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8 THE DISTRICT GEOLOGIST OFFICE OF THE DISTRICT GEOLOGIST, CIVIL STATION, ALAPPUZHA DISTRICT, PIN - 688001

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T.K.SHAJAHAN-SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8676 OF 2022

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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“A) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents three to five to afford proper and adequate police protection to the petitioner, his family members and employees, vehicles, machineries and equipments from the threat of the respondents one and two and their henchmen.

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B) Direct the respondents three to five to take proper and adequate preventive action against respondents one and two and their henchmen, followers from causing any untoward incident against the petitioner, his family members, employees, vehicles, machineries and equipments.

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Heard the learned counsel for the petitioner and the learned Government Pleader. Though notice was taken out to respondents 1 and 2 by speed post and duly served, there is no appearance for the said respondents.

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It is submitted by the learned counsel for the petitioner that the property of the petitioner covered by Ext.P1 Basic Tax Receipt is Purayidom and that the petitioner is constructing a building in the said property. It is submitted that respondents 1 and 2 are obstructing the

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WP(C) NO. 8676 OF 2022

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work being carried out by the petitioner.

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The learned Government Pleader submits, on instructions, that

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there is no law and order issue prevalent in the area at present.

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Having considered the contentions advanced and in view of the specific contention raised by the petitioner that the construction is being carried out only in the property covered by Ext.P1 and that the petitioner is not filling up any paddy land or wet land against the provisions of the 2008 Act, there will be a direction that in case the petitioner faces any obstruction from respondents 1 and 2 or anybody claiming through them, the petitioner shall inform the 3^rd respondent, who shall afford necessary protection for carrying out the construction activities in the dry land owned by the petitioner.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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SVP

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WP(C) NO. 8676 OF 2022

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APPENDIX OF WP(C) 8676/2022

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PETITIONER EXHIBITS

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Exhibit	P1 TRUE COPY OF THE TAX RECEIPT DATED 25.8.2021 ISSUED BY THE VILLAGE OFFICER, PURAKKAD VILLAGE OFFICE
Exhibit	P2 TRUE COPY OF THE RELEVANT PAGES OF THE BASIC TAX REGISTER OF THE PROPERTY OF PETITIONER
Exhibit	P3 TRUE COPY OF THE RELEVANT PAGES OF THE THANDAPPER REGISTER OF PROPERTY OF PETITIONER ISSUED BY THE 6TH RESPONDENT
Exhibit	P4 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY OF PETITIONER DATED 1.09.2021 ISSUED BY THE 6TH RESPONDENT
Exhibit	P5 COPY OF THE COMPLAINT DATED 26.2.2022 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT WITH COPY TO RESPONDENTS FOUR AND FIVE
Exhibit	P6 TRUE COPY OF THE RECEIPT DATED 26.2.2022 TOWARDS EXHIBIT P5 COMPLAINT

Lalaji Chellappan v. Shyam S

Case brief

What is this about?

What did the court decide?

Lalaji Chellappan v. Shyam S

Case brief

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