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MICHAEL, S/O. XAVIER, 42 YEARS v. THE SUPERINTENDENT OF POLICE, THRISSUR - WP(C) No. 2564 of 2007(E) [2007] RD-KL 6202 (26 March 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2564 of 2007(E)1. MICHAEL, S/O. XAVIER, 42 YEARS,
... Petitioner
Vs
1. THE SUPERINTENDENT OF POLICE, THRISSUR.
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. SUB INSPECTOR OF POLICE,
4. SABU A.K., ADIPARAMBIL HOUSE,
5. ASOKAN P.R., PARAMPURATH HOUSE,
For Petitioner :SRI.RENJITH THAMPAN
For Respondent :SRI.N.NAGARESH
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :26/03/2007
O R D E R
J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.
W.P.(C)Nos.2564 & 3431 OF 2007 Dated 26th March, 2007JUDGMENT
Koshy,J
. W.P.(C)No.2564 of 2007 is a petition for police protection. Petitioner has purchased 32 cents of property. He wants to construct a tile factory and, therefore, wants to remove the soil up to the road level. It is the case of the petitioner in W.P(C)No.3431 of 2007 that the place is in a hilly top and even if soil is removed up to road level, it will affect other parties. The contesting respondents cannot take law into their hands. Police is bound to grant protection if the soil is removed as per the conditions in the licence. Panchayat stated that they have no objection. It is also stated that Revenue Divisional Officer has interfered in the matter and made site inspection. Unless prohibitory orders are passed by the R.D.O. or any other authority, with regard to the 32 cents of property owned by the petitioner in W.P.(C)No.2564 of 2007 and if he complies with all the conditions in the licence, police shall give necessary protection. However, this order will not prevent the petitioner in W.P.(C)No.3431 of 2007 in approaching the W.P.(C)Nos.2564 & 3431 of 2007 2 statutory authority or civil court if their rights are affected. Both writ petitions are disposed of accordingly. J.B.KOSHYJUDGE
T.R.RAMACHANDRAN NAIRJUDGE
tksCopyright
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