IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 33549 of 2010(P) ---------------------------------------------- PETITIONER(S): --------------------- PARAMESWARAN NAIR. N, AGED 89, RAJAMILAYAM,ALUMMOODU,NEYYATTINKARA. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): ------------------------ 1. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA 695 121. 2. THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA 695 121 3. THE SUB INSPECTOR OF POLICE, NEYYATTINKARA,POLICE STATION, NEYYATTINKARA 695 121 4. THANKAYYAN, PARANATHUKARI VEEDU, MARUTHANTHOOR,CHAIKOTTUKONAM PO, NEYYATTINKARA 695 122 5. THE SECRETARY, NEYYATTINKARA MUNICIPALITY, NEYYATTINKARA 695 121. R1 TO R3 BY GOVERNMENT PLEADER SMT. CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C). NO.33549 OF 2010 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF TAX RECEIPT DATED 23.3.09. EXT.P2 TRUE COPY OF COMPLAINT DATED 23.2.2010. EXT.P3 TRUE COPY OF ORDER OF 4TH RESPONDENT DATED 28.9.2010. RESPONDENTS' EXHIBITS; NIL. //True copy// PS to Judge K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(C).NO. 33549 OF 2010 P ------------------------------------------ Dated this the 16th November, 2010. JUDGMENT K.M. Joseph, J. The prayer in the Writ Petition is as follows: “Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 to 3 to afford adequate and effective police protection to demolish and remove the pan shop in implementation of Ext.P3 within such time fixed.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is an eightynine year old widower. He is residing alone in his house in Neyyattinkara. He is the absolute owner of 35.25 Ares of garden land comprised in RS.No.50 of Neyyattinkara Village. Ext.P1 is produced as the tax receipt. Petitioner used to go to his property once in a month and that too, with the help of his servants. The property is encompassed on all WP(C).NO.33549/2010 P 2 four sides by compound wall and it lies on the northern side of a road. The compound wall was constructed by the petitioner in the year 1990. When he visited the property on 22.2.2010, he found that a portion of the compound wall facing the road has been demolished and a pan shop with closing shutter was put up in his property. A person seen to have seated in the pan shop had taken to heels on seeing the petitioner. On enquiry, it was revealed that it was put up under the leadership of the third respondent, who is stated to be a member of a batch of hooligans who indulged in illicit sand mining from the nearby kadavu. Petitioner filed Ext.P2 complaint before the second respondent. The local authority issued Ext.P3 order to the petitioner to demolish as the pan shop was unauthorised. Petitioner is apprehensive of the fourth respondent unleashing violence. He openly declared that he will not permit anybody to demolish the pan shop and if any one indulges to do so, he will chop off his head. 3. Though served, there is no appearance for either the fourth WP(C).NO.33549/2010 P 3 respondent or the fifth respondent. Learned Government Pleader on instructions, submits that on enquiry, it is found that the case of the petitioner is correct. She would further submit that respondents 2 and 3 will afford protection to the petitioner for effecting demolition of the unauthorised construction as directed in Ext.P3 as against the fourth respondent. We record the same and close the Writ Petition. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True copy// PS to Judge WP(C).NO.33549/2010 P 4