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2025 Supreme(Online)(Ker) 55782

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
DR. NADU FRANCIS – Appellant
Versus
THE DEPUTY SUPERINTEND OF POLICE, VAIKOM – Respondent


Advocates:
For the Appellants/Petitioners: Sri.A.L.NAVANEETH KRISHNAN, SMT.ASWATHY KRISHNAN, SMT.ANJALI ANIL A.
For the Respondents: SHRI.VARGHESE C.KURIAKOSE, SRI.P.J.JOSE, SMT.AMRITHA.J, SHRI.KURUVILLA MATHEW, SHRI.VIPIN C. VARGHESE, SMT.MARIYA MATHEW, SMT.VIDHYA A.C.

Table of Content
1. claim of title and permits for excavation. (Para 1 , 2)
2. argument on necessity and interpretation of environmental clearance. (Para 4 , 5)
3. court's observations on legal rights and police protection. (Para 8 , 9)
4. final ruling on granting protection. (Para 10)

JUDGMENT

The petitioner claims title to 0.9995 hectares of land in Re-Survey No.388/2, Block No.27 of Njeezhoor Village, Vaikom Taluk. The National Highways Authority of India (NHAI) have issued a work order dated 15.11.2021 to M/s.KCC BuildCon Private Limited for the work ‘six laning of Thuravoor-Paravoor section of new NH-66’. The work order is not produced along with the writ petition. However, a copy of the same was handed over to this Court by the learned counsel for the petitioner. Based on the work order, the petitioner’s property was identified for extracting ordinary earth and the NHAI, as per Ext.P2 communication dated 21.08.2024, addressed the Geologist and recommended issuance of permit for removal of ordinary earth from the petitioner’s property specifically. Ext.P2 contains the name of the petitioner, the survey number of the property, the area and other details in a tabular statement. Ext.P

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