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Prassananpillai vs State Of Kerala

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

Ashok Bhushan, Ag. C.J. Heard the learned counsel for the petitioner and the learned Government Pleader. Though notice has been served on respondent no. 5, there is no appearance on behalf of the 5th respondent.
2. The petitioner, by this writ petition, has approached this Court for a mandamus commanding respondent nos. 3 and 4 to remove the obstruction caused by respondent no. 5.
3. The petitioner's case is that the petitioner was granted Ext. P1 building permit. The petitioner was also granted permission for removal of read soil from the property in question. He submits that respondent no. 5 made obstructions and the red soil could not be removed and the period of permit has also run out. The petitioner submits that he had applied for a permit and a new permit was granted on 8.12.2014. The learned counsel submits that the petitioner has also submitted a complaint before the Sub Inspector of Police, and unless appropriate direction is not granted, the petitioner shall not be able to remove the red earth for construction of his house.
4. The learned Government Pleader submits that W.P(C) No. 32263 of 2014 -: 2 :-
respondent no. 5 was called to the police station and and had already been warned.
5. In the above circumstances, we direct respondent no. 4 to provide adequate police protection to the petitioner so that he can carry out the construction granted by Ext. P5 permit without any obstruction from respondent no. 5.
With the above observation, the writ petition is disposed of.
Issue photo copy today itself.
Sd/-
Ashok Bhushan, Ag. Chief Justice Tds/ Sd/-
A.M. Shaffique, Judge.
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Title

Prassananpillai vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
09 December, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri Unni
  • K K