IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 23462 of 2008(R) -------------------------- PETITIONER: ------------- GOPALAKRISHNA RAO, S/O.VASUDEVA AGITHAYA, "ARADHANA", BALLA VILLAGE, KUNNUMMEL, KOTTACHERRY, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, KASARAGOD, P.O.KASARAGOD. 2. C.I. OF POLICE, HOSDURG, KASARAGOD DISTRICT. 3. S.I. OF POLICE, HOSDURG KASARAGOD DISTRICT. ADDL.R4 AND R5 4. SATHEESHAN, S/O MADHAVAN, “MANALIL”, AJANUR P.O., KASARAGOD DISTRICT. 5. SUNILKUMAR, RESIDING AT ATHIYAMBOOR, BALLA VILLAGE, P.O.KANHANGAD, KASARAGOD DISTRICT. (IMPLEADED AS PER ORDER ON I.A.No.10477/08 DATED 11.8.08.) BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.M.SASINDRAN FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.23462/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE KANHANGAD MUNICIPALITY DATED 9.8.02. EXT.P2: THE APPROVED SITE PLAN. EXT.P3: TRUE PHOTOGRAPH OF THE DAMAGED COMPOUND WALL OF THE PETITIONER. EXT.P4: TRUE COPY OF THE COMPLAINT LODGED BEFORE THE 3RD RESPONDENT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.23462 OF 2008 R ----------------------------------------------------- DATED THIS THE 26th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the owner of 80 cents of land in survey Nos.91/2 and 91/5 of Balla Village, Hosdurg Taluk, Kasaragod District. On the strength of Exhibit P1 permit and Exhibit P2 approved site plan, the petitioner constructed a compound wall to that property. While so, certain miscreants under the leadership of respondents 4 and 5 demolished a portion of the compound wall and widened the road using a JCB. Some of the trees were also uprooted. Since the mob, which indulged in the illegal activities were in an angry mood, the petitioner could not do anything and his family members were also mortally afraid to intervene. The provocation for the demolition of the compound wall was an incident in which a 19 year old boy was killed when two buses simultaneously passed through the bend in the road. The compound wall by the side of the bend was demolished by the irate mob. The petitioner wants to reconstruct the demolished portion of the compound wall. So, he has preferred Exhibit P4 representation before the police. Alleging that the police did not extend any helping hand, this Writ Petition is filed, seeking appropriate reliefs. W.P.(C)No.23462/08 -2- 2. The learned Government Pleader upon instructions submitted that an angry mob has demolished the compound wall. The local people are opposing the reconstruction of the demolished portion of the compound wall. 3. The learned counsel for the 5th respondent submitted that the said respondent is not causing any obstruction. Other people in the locality are doing that. 4. For construction of the compound wall, police protection cannot be granted. It has been so held by this Court in Devadasan v. State of Kerala (2005(3) KLT 739) and Ajayakumar v. State of Kerala (2008(1)KLT 901). The said principle will apply for the reconstruction of the demolished portion of the compound wall also. So, the petitioner's remedy lies before the competent civil court. Accordingly, the Writ Petition is dismissed, without prejudice to the contentions of the petitioner and his right to move other forums for appropriate relies. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn