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M.A.Varghese vs State Of Kerala

High Court Of Kerala|09 June, 2014
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JUDGMENT / ORDER

Manjula Chellur, C.J.
Petitioner is before us claiming to be the owner of a property measuring 99.54 Ares of land situated at Karukachal Village in Changanacherry Taluk. According to him, due to existence of huge rocks in the property at different heights, the land needs to be levelled, by making it into small layers. To remove the rocks, he has to use blasting material for which he had already taken permission from Revenue Divisional Officer concerned.
2. In spite of it, the neighbours/party respondents herein are trying to object him from blasting the huge stone situated in his property and they have gone to the extent of threatening his life as well. Petitioner's counsel fairly admitted that party respondents have approached Civil Court seeking an order of injunction against the petitioner which was not granted. Now petitioner complains interference by party respondents with WP(C) No. 14467 of 2014 -:2:-
his right to blast the rocks situated in the property after obtaining permission from the local authority concerned.
3. If anyone is interfering with his right to enjoy his property which includes levelling of the land, the recourse open for him is to approach the Civil Court. We cannot direct the Police to assist the petitioner in using blasting materials to blast the rocks which are situated in his property. So far as threats against him, it is always open for the petitioner to approach the police concerned and inform the alleged threats held against him by party respondents. According to petitioner, Ext.P13 complaint is already filed before the police concerned. Police are directed to look into the same and do the needful in accordance with the procedure without intervening with the civil rights of the parties.
The Writ Petition is disposed of as above.
Manjula Chellur, Chief Justice.
ttb/09/06 P.R. Ramachandra Menon, Judge.
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Title

M.A.Varghese vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
09 June, 2014
Judges
  • Manjula Chellur
  • P R Ramachandra Menon
Advocates
  • Sri Saiby Jose
  • Kidangoor
  • P K Viswanathan