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JOSE, KARUMATHI HOUSE versus S.I. OF POLICE

High Court of Kerala

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JOSE, KARUMATHI HOUSE v. S.I. OF POLICE - WP(C) No. 9277 of 2007(D) [2007] RD-KL 7520 (11 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9277 of 2007(D)

1. JOSE, KARUMATHI HOUSE,
... Petitioner

2. PAULOSE, DO, DO.

3. DEVASSYKUTTY, DO. DO.

4. ANTONY, @ ANTU DO. DO.

Vs

1. S.I. OF POLICE,
... Respondent

2. C.I. OF POLICE,

3. THE SUPERINTENDENT OF POLICE,

4. THE REVENUE DIVISIONAL OFFICER,

5. A.THANKAPPAN,

For Petitioner :SRI.P.N.GOPALAKRISHNAN NAIR

For Respondent :SRI.JOHNSON ABRAHAM

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :11/04/2007

O R D E R

J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

W.P.(C).NO. 9277 OF 2007

Dated this the 11th day of April, 2007.



JUDGMENT

Koshy, J.

This is a petition for police protection. It is the case of the petitioner that when the petitioner wanted to develop the property which contained many pits due to removal of clay for brick manufacturing, there were obstructions from the public and they want police protection. They also submitted that the land in question was not cultivated for many years. Counsel for the 5th respondent submitted that nearby places are paddy fields. The question is whether the property in question is used to cultivate paddy notwithstanding the description in the document and it is a question of fact. It is submitted that they filed a complaint before the statutory authorities. Personal allegation against 5th respondent was also denied. We only state that law and order cannot be taken by any person. If land utilisation order or any other statutory orders are violated, it is for the petitioners or objectors to approach the statutory authorities or court and get prohibitory orders. In the absence of any prohibitory orders, petitioners work shall not be obstructed and police is bound to grant protection. Interim order dated 19.3.2007 is confirmed with the above observation and the Writ Petition is disposed of.

J.B.KOSHY, JUDGE.

T.R.RAMACHANDRAN NAIR, JUDGE.

bkn


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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