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2026 Supreme(Online)(Ker) 11747

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
JANISAR.E. – Appellant
Versus
DISTRICT POLICE CHIEF, OFFICE OF THE SUPERINTENDENT OF POLICE, KOLLAM – Respondent


Advocates:
For the Appellants/Petitioners: SMT.A.SALINI LAL, SRI.R.SUNIL KUMAR
For the Respondents: SMT.DEEPA NARAYANAN, SR. GP., SRI.K.DILIP

JUDGMENT

The petitioner claims ownership of 12.14 ares of land. To construct a residential building therein, the petitioner obtained permission from the competent body. Removal of the earth is required from the petitioner’s property, for which purpose, he obtained a mineral transit pass from the 4th respondent Geologist. The transit pass is to transport ordinary earth, which is valid from 18/2/2026 to 26/2/2026. However, he was obstructed by the 5th respondent from taking and transporting soil from the property. The petitioner seeks police protection.

2. Pursuant to service of notice by special messenger, the 5th respondent appeared through Adv.K.Dilip.

3. Having heard the learned counsel for the respective parties, this Court is of the opinion that the objections, if any, of the 5th respondent will have to be legitimately raised before the competent authority; and the 5th respondent cannot be conceded with any power to physically obstruct the activities of the petitioner, so long as it is supported and enabled by Exts.P1 building permit and P2 transit pass.

4. In the circumstances, there will be a direction to the 3rd respondent to afford adequate police protection to the petitioner

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