Kerala High Court
A.C.Sreedharan vs The Deputy Superintendent Of Police on 15 February, 2012
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 2ND DAY OF APRIL 2012/13TH CHAITHRA 1934
WP(C).No. 8203 of 2012 (A)
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PETITIONER(S):
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A.C.SREEDHARAN, AGED 52 YEARS
S/O.CHATHUNNI, PWD CONTRACTOR, ANALIPARAMBIL HOUSE
P.O.CHEMBUCHIRA, THRISSUR DISTRICT.680 684.
BY ADVS.SRI.B.V.JOY SANKER
SRI.PRAMJI PAUL VAZHAPPILLY
RESPONDENT(S):
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1. THE DEPUTY SUPERINTENDENT OF POLICE
KUNNAMKULAM, THRISSUR. PIN-680 503.
2. SUB INSPECTOR OF POLICE
KUNNAMKULAM, THRISSUR DISTRICT. PIN-680 503.
3. THE ASSISTANT EXECUTIVE ENGINEER
HARBOUR ENGINEERING SUB DIVISION, CHETTUVA
THRISSUR. PIN-680 616.
4. SANTHOSH, AGED 42 YEARS
S/O.ANANTHAN, OOTTUMADATHIL HOUSE, PERUMBILAVU
THRISSUR DISTRICT.680 519.
5. PRADEEP
S/O.RAVEENDRAN, PONVETTATHIL HOUSE, PERUMBILAVU
THRISSUR DISTRICT.680 519.
BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN FOR R1 TO R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02-04-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8203 of 2012 (A)
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1- TRUE COPY OF THE ORDER NO.K.DIS.19992/2011/C2 DATED
15.02.2012 REVENUE DIVISIONAL OFFICER, THRISSUR.
EXHIBIT P2- TRUE COPY OF THE COMPLAINT DATED 22.03.2012 BEFORE THE 2ND
RESPONDENT BY THE PETITIONER.
EXHIBIT P3- TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE
2ND RESPONDENT DATED 26.03.2012.
EXHIBIT P4- TRUE COPY OF THE ORDER NO.K.DIS-4411/12/C2 DATED 22.3.12.
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
PS TO JUDGE
MANJULA CHELLUR, Ag.C.J
&
V.CHITAMBARESH, J.
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W.P(C).No. 8203 of 2012
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Dated this the 2nd day of April, 2012
JUDGMENT
Chitambaresh, J.
The petitioner seeks police protection for transporting ordinary soil for the purpose of renovation work of a fish farm. The petitioner relies on Exhibit P3 communication issued by the Assistant Executive Engineer to the Sub Inspector of Police specifying the vehicle to be used for transporting the soil. The petitioner seeks protection specifically against respondents 4 and 5.
2. The learned State Attorney, on instructions, submits that there is no obstruction by respondents 4 and 5 as alleged. He further submits that there is no law and order situation warranting police interference now. This is recorded. The petitioner is free to approach the Civil Court and seek injunctive relief against respondents 4 and 5 or persons claiming under them. Suffice to say that the police will step in, if there is any breakdown of the law and order situation.
WP(C).No.8203/12 2
The Writ Petition is disposed of subject to the above observations.
MANJULA CHELLUR, ACTING CHIEF JUSTICE V.CHITAMBARESH, JUDGE vgs04.04