Kerala High CourtAbdul Jabbar M.M vs The District Police Chief on 3 July, 2002IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT:

                     THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                         &
                       THE HONOURABLE MR. JUSTICE ASHOK MENON

                MONDAY, THE 2ND DAY OF APRIL 2018 / 12TH CHAITHRA, 1940

                           WP(C).No. 4693 of 2018 J
                           -------------------------




PETITIONER:
-----------


1   ABDUL JABBAR M.M,
    S/O MAKKAR PILLAI,MEZHUKKATTIL HOUSE,EDATHALA NORTH.P.O,
    ALUVA,ERNAKULAM DISTRICT.



        BY ADV.SRI.K.RAKESH


RESPONDENTS:
------------

1    THE DISTRICT POLICE CHIEF, PALAKKAD-678 001

2   THE SUB INSPECTOR OF POLICE,
    WALAYAR,PALAKKAD DISTRICT,PIN-678624.

3   THE CIRCLE INSPECTOR OF POLICE,
    WALAYAR,PALAKKAD DISTRICT,PIN-678624.

4   THE MANAGING DIRECTOR,
    M/S.PADMA BALAJI ALLOYS PVT.LTD,KANJIKKODE,
    PALAKKAD DISTRICT,PIN-678621.

5   THE GENERAL MANAGER,
    DISTRICT INDUSTRIES CENTRE,PALAKKAD,PALAKKAD DISTRICT,
    PIN-678001.

6   THE TAHSILDAR,
    TALUK OFFICE,PALAKKAD,PALAKKAD DISTRICT-678001.

      R1-3 &6 BY   SR. GOVERNMENT PLEADER SRI P P THAJUDDIN
      R4 BY ADV.   SRI.JOBY JACOB PULICKEKUDY
      R4 BY ADV.   SRI.ANIL GEORGE
      R4 BY ADV.   SRI.K.S.SUMEESH
      R4 BY ADV.   SRI.T.ANCY
      R4 BY ADV.   SMT.NIVYA VALSAN
      R4 BY ADV.   SMT.N.B.FATHIMA SULFATH


    THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-04-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4693 of 2018 (J)

                                       APPENDIX

PETITIONER(S)' EXHIBITS

EXHIBIT P1        TRUE COPY OF THE ALLOTMENT LETTER ISSUED BY
                  THE 5TH      RESPONDENT TO THE PETITIONER
                  DATED,3.1.2018

EXHIBIT P2        TRUE COPY OF THE COMMUNICATION SENT BY THE 5TH
                  RESPONDENT TO THE 6TH RESPONDENT DATED,2.2.2018

EXHIBIT P3        TRUE COPY OF THE COMMUNICATION ISSUED BY THE
                  5TH RESPONDENT TO THE PETITIONER HEREIN
                  DATED,5.12.2018

EXHIBIT P4        TRUE COPY OF THE          REQUEST MADE BY THE
                  PETITIONER       BEFORE   THE   2ND RESPONDENT
                  DATED,5.2.2018.

RESPONDENT(S)' EXHIBITS:
------------------------

EXHIBIT R4(A). TRUE PHOTOCOPY OF CERTIFICATE DATED 03.07.2002.

EXHIBIT R4(B).    TRUE PHOTOCOPY OF CERTIFICATE DATED 22.08.2006.

EXHIBIT R4(C).    TRUE POSSESSION NOTICE ISSUED UNDER SECTION
                  13(4) OF THE SARFAESI ACT.

EXHIBIT R4(D). TRUE PHOTOCOPY OF COVERING PAGE ISSUED BY THE
               DEPUTY GENERAL MANAGER, SBI DATED 16.02.2008.


                                    TRUE COPY



                                    P.A TO JUDGE




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        K. Vinod Chandran & Ashok Menon, JJ
           - - - - - - - - - - - - -- - - - - - - - - - - - - - - -
                  W.P(C) No.4693 of 2018 J
           ----------------- -----------
         Dated this the 02nd day of April, 2018


                         JUDGMENTK. Vinod Chandran, J

            The petitioner is before this Court seeking police

protection for clearing the bushes in the property alloted

by Ext.P1 letter, to facilitate convenient survey of the land

as directed in Exts.P2 and P3. The 4th respondent who was

the earlier allottee is said to be physically obstructing such

activity.    The 4th respondent appears and submits that

there is no physical obstruction caused but however, there

is a writ petition filed against the re-allotment of land,

wherein there is a status quo order. The possession of the

property is still with the State Bank of India, who is the

mortgagee of the 4th respondent. In such circumstance, we

are of the opinion that unless the writ petition is disposedWPC.No. 4693/2018:2:of in favour of the petitioner, there could be no protection

granted by this Court.In such circumstance, we close the writ petition

leaving liberty to agitate the contention before the Writ

Court.Sd/-K. Vinod Chandran,
                                           Judge


                                             Sd/-Ashok Menon,
                                                Judge


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