The High Court directed the 3rd respondent (SHO) to provide adequate police protection to the petitioner for removing equipment from the 6th respondent's property after a dispute arose.
Direction to the 3rd respondent (SHO) to provide adequate police protection for the petitioner to remove equipment within one week.
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2025:KER:27957
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
WP(C) NO. 13120 OF 2025
PETITIONER:
NEW INDIA WATER WELL CORPORATION
AGED 61 YEARS
KANJIRAMATTOM, ERNAKULAM DISTRICT, PIN-682 315,
REPRESENTED BY ITS PROPRIETOR,
NAZAR K.S., AGED 61 YEARS,
S/O SIDDIQUE, ASHIQUE MANSIL,
AMBALUR P.O., KULAYETTIKARA,
ERNAKULAM DISTRICT,, PIN - 682315
BY ADV ANWIN JOHN ANTONY
RESPONDENTS:
1STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, SECRETARIATE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE DISTRICT POLICE CHIEF, ERNAKULAM RURALPOWER HOUSE JUNCTION, SUB JAIL ROAD,
ALUVA, ERNAKULAM DISTRICT,, PIN - 683101
3 THE STATION HOUSE OFFICER, KANNAMALI POLICE STATIONKANNAMALI P.O.,
ERNAKULAM DISTRICT,, PIN - 682008
4INDUS TOWERS LTD
VANKARATH TOWERS, PALARIVATTOM,
ERNAKUALM, N.H. BY PASS,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 682025
5 HRJ REFRIGERATION PVT. LTDPLOT NO.68, CARBORUNDUM ROAD,
SOUTH KALAMASSERY, ERNAKULAM DISTRICT
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 683104
6ANTONY JOMON
S/O. JOB, ARIVEETIL HOUSE,
ANGANAVADI LANE, SOUTH CHELLANAM,
ERNAKULAM DISTRICT, PIN - 682008
WP(C). No.13120 of 2025 2
2025:KER:27957
OTHER PRESENT:
GOVERNMENT PLEADER- SRI B S SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C). No.13120 of 2025 3
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Dated this the 2nd day of April, 2025
JUDGMENT
The writ petition is filed, inter alia, to direct the respondents 2 and 3 to afford adequate police protection to the petitioner to remove its machinery, equipments and other articles mentioned in Ext. P2 list (‘equipments’, in short) without any obstruction from the sixth respondent and his men.
WP(C). No.13120 of 2025 4
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On an overall consideration of the facts and the materials on record, I direct the third respondent to provide adequate police protection to the petitioner for the purpose of removing the equipments from the property of the sixth respondent. The needful shall be done within one week from the date of production of a copy of the judgment.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
mtk/ 02.04.25
WP(C). No.13120 of 2025 5
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APPENDIX OF WP(C) 13120/2025
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE WORK ORDER DATED
26.02.2025 ISSUED BY THE 5TH RESPONDENT
IN FAVOUR OF THE PETITIONER
Exhibit P2TRUE COPY OF THE LETTER DATED 25.03.2025
ISSUED BY THE PETITIONER TO THE 5TH
RESPONDENT
Exhibit P3TRUE COPY OF THE PETITION DATED
26.03.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
Exhibit P4TRUE COPY OF THE PETITION DATED
26.03.2025 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P5TRUE COPY OF THE JUDGMENT DATED
07.01.2025 IN W.P. (CIVIL) NO. 45044/2024
ON THE FILES OF THIS HONOURABLE COURT
New India Water Well Corporation
State of Kerala
District Police Chief, Ernakulam Rural
Station House Officer, Kannamali Police Station
Indus Towers Ltd
Antony Jomon
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court