Kerala High Court
Kallingal Riju Aged 23 Years vs The Deputy Superintendent Of Police
Author: K.Vinod Chandran
Bench: Manjula Chellur, K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2013/15TH JYAISHTA 1935
WP(C).No. 11114 of 2013 (L)
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PETITIONER(S):
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1. KALLINGAL RIJU AGED 23 YEARS
S/O. CHANDRAN, KALLINGAL HOUSE, THANUR POST
KOZHIKODE - 676 302.
2. SHANILKUMAR, AGED 39 YEARS
S/O. KUTTAYI, KUTTAYI BHAVANAM HOUSE
KARAPPARAMBA POST, KOZHIKODE - 673 525
(BOTH THE PETITIONERS ARE REPRESENTED BY THEIR POWER OF
ATTORNEY HOLDER KALLINGAL LEELA
BY ADV. SRI.C.P.PEETHAMBARAN
RESPONDENT(S):
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1. THE DEPUTY SUPERINTENDENT OF POLICE,
VATAKARA, KOZHIKODE.
2. THE STATION HOUSE OFFICER
PERAMBRA POLICE STATION, KOZHIKODE.
3. KUNJIRAMAN NADATHALACKAL
S/O. SANKARAN, CHIRACKAL, THANOOR P.O.
KOZHIKODE DISTRICT - 676 302.
(THE ADDRESS OF R3 IS CORRECTED AS KUNJIRAMAN
NADATHALACKAL
S/O. SANKARAN, PERAMBRA P.O.
KOZHIKODE DISTRICT AS PER ORDER DATED
26/04/2013 IN IA 6164/2013)
4. PRAKASAN,S/O. KUNJIRAMAN NADATHALACKAL,
CHIRACKAL, THANOOR P.O.
KOZHIKODE DISTRICT - 676 302.
(THE ADDRESS OF R4 IS CORRECTED AS PRAKASAN
S/O. KUNJIRAMAN NADATHALACKAL,PERAMBRA P.O.
KOZHIKODE DISTRICT AS PER ORDER DATED
26/04/2013 IN IA 6164/2013)
WP(C).No. 11114 of 2013 (L)
5. JITHESH, S/O. KUNJIRAMAN NADATHALACKAL,
CHIRACKAL, THANOOR P.O.
KOZHIKODE DISTRICT - 676 302.
(THE ADDRESS OF R5 IS CORRECTED AS JITHESH
S/O. KUNJIKRISHNAN, NADATHALACKAL, P.O. PERAMBRA
KOZHIKODE DISTRICT AS PER ORDER DATED
26/04/2013 IN IA 6164/2013)
6. MANOJ,S/O.INDIRA,
PUNNOLI HOUSE, CHIRACKAL
THANOOR P.O., KOZHIKODE DISTRICT - 676 302.
(THE ADDRESS
OF R6 IS CORRECTED VINOJ
S/O. INDIRA, PUNNOLI HOUSE, PERAMBRA P.O.
KOZHIKODE DISTRICT PIN - 673525 AS PER ORDER
DATED 26/04/2013 IN IA 6164/2013)
R1 BY GOVERNMENT PLEADER SRI. P.A. MOHAMMED SHAH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05-06-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BP
WP(C).No. 11114 of 2013 (L)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1-TRUE COPY OF THE ORDER DATED 27/03/2013 ISSUED BY
THE DISTRICT COLLECTOR, KOZHIKODE TO THE IST
PETITIONER.
EXHIBIT-P2-TRUE COPY OF THE ORDER DATED 26/03/2013 ISSUED BY
THE DISTRICT COLLECTOR, KOZHIKODE TO THE 2ND
PETITIONER.
EXHIBIT-P3-TRUE COPY OF THE RECEIPT DATED 15/04/2013 ISSUED BY
THE MONOOJ JCB TIPPER SERVICE, PERAMBRA.
EXHIBIT-P4-TRUE COPY OF THE COMPLAINT DATED 15/04/2013
SUBMITTED BY THE POWER OF ATTORNEY HOLDER OF THE
PETITIONERS TO THE IST RESPONDENT.
EXHIBIT-P5-TRUE COPY OF THE RECEIPT DATED 15/04/2013 ISSUED BY
THE IST RESPONDENT.
EXHIBIT-P6-TRUE COPY OF THE RECEIPT DATED 15/04/2013 ISSUED BY
THE 2ND RESPONDENT.
EXT.P7: COPY OF THE ORDER NO.L4.2012/56620/11 DT 24/4/2013
ISSUED BY THE DISTRICT COLLECTOR
EXT.P8: COPY OF THE ORDER NO.L4.2012/56621/2011 DT 24/4/2013
ISSUED BYU THE DISTRICT COLLECTOR
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY//
P.A. TO JUDGE
BP
Manjula Chellur, C.J. &
K.Vinod Chandran, J.
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W.P(C) No.11114 of 2013
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Dated this, the 5th day of June, 2013
J U D G M E N T
Vinod Chandran,J.:
The petitioners seek to enforce Exts.P1 and P2 which are orders issued under the Kerala Conservation of Paddy Land and Wet Land Act, 2008 for constructing a residential house in their properties. We immediately notice that there is no identity of cause of action and the writ petition filed by the two petitioners seeking enforcement of two separate orders passed with respect to two different properties is irregular and the only similarity is that both the petitioners have executed power of attorney in favour of the same person. The allegation is that respondents 3 to 6 objected to the filling up of the paddy fields for reason of unsettling ecological balance in the area and hence resorted to threats and obstruction in carrying on the work of filling up of lands; by taking law into their own hands. Needless to say the respondents 3 to 6, if they have any objections against the orders passed, have to challenge the same before the appropriate authorities and cannot be permitted to take law into W.P(C) 11114/2013 :2:
their hands. However, there cannot be any order of police protection to enforce Exts.P1 and P2, since the same would be beyond the scope and the ambit of powers conferred on the police.
2. Needless to say that any law and order situation created or apprehension of commission of cognizable offences should be averted by the police.
Writ petition is closed with the above observations.
Sd/-
Manjula Chellur, Chief Justice Sd/-
K.Vinod Chandran,
jma/6.6 Judge.
//true copy//
P.A to Judge