YOHANNAN Vs. ARUN P.MANI

JUDGEMENT

(1.) The petitioner says that he is a joint-owner of a property covered by Exts.P1 and P2 'Tax Receipt' and 'Possession Certificate' respectively and that he and the other owners intend to construct a building on the same, for the purpose of which it requires to be levelled. He says that any construction in the property can be done only if ordinary earth is removed and that this was impressed upon by him and other owners before the competent Authorities who, thereupon, issued Ext.P3 'Movement Permit'. He says that he has paid the necessary royalty amount of Rs.1,56,200.00 in this regard; but that when he and his employees are attempting to act as per its terms, it has been obstructed by the party respondents and their men, citing untenable demands.

(2.) The petitioner points out that, even though he had approached this Court earlier through WP(C)No.16414/2024, to obtain certain orders, it was not fruitful because, by then, the term of the Movement Permit had expired. He adds that it has been now renewed until 6/7/2024, but that the attempt of the party respondents is to frustrate the same also. He says that he has, therefore, preferred Ext.P7 complaint before the 4th respondent - Station House Officer, seeking protection; but that since no action has been taken thereon, he has been constrained to approach this Court through this Writ Petition.

(3.) In response to the afore submissions of Sri.P.M.Ziraj - learned counsel for the petitioner, Sri.Saji Sankaran Nair - learned counsel for the party respondents, submitted that, even going by Ext.P3 'Movement Permit', the petitioner can remove ordinary sand from the property only till 6/7/2024. He added that the said Permit and its renewal are both illegal because, it has been issued by the Geology Department without hearing his clients; and therefore, that they intend to take necessary action as per law against it. He concluded his submissions asserting that his clients have not taken law into their hands, nor have they caused any obstruction as has been alleged by the petitioner; and thus prayed that this Writ Petition be dismissed.