IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 1347 of 2009(I) ------------------------------------ PETITIONER: ------------------- C.K.SATHYAN, AGED 34 YEARS, S/O.KRISHNAN NAIR, CHANDRA BHAWAN, IRAMALLOR P.O. KOTHAMANGALAM - 686691,ERNAKULAM DISTRICT. BY ADVS. SRI.K.C.ELDHO, SRI.RENJITH THOMAS. RESPONDENTS: ----------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001. 2. THE CIRCLE INSPECT OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM. 3. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM. 4. EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,ERNAKULAM,KAKKANAD, COCHI-682030. 5. BABU SUNNY, ELENJICAL HOUSE, KUTHUKUZHY P.O. KOTHAMANGALAM. R1 TO R4 BY GOVT. PLEADER SRI. BENJAMIN PAUL, R5 BY ADVS. SRI.MATHEW JOHN, SRI.AJEESH K.SASI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1347/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. E-1-1164/07 DTD. 12/12/2007 ISSUED BY R.4. TO PETITIONER. EXT.P.2: COPY OF THE WORK SCHEDULE ISSUED BY R.4. TO THE PETITIONER. EXT.P.3: COPY OF THE WRITTEN COMPLAINT DTD. 01/01/2009 SUBMITTED BY PETITIONER BEFORE THE R.4. EXT.P.4: COPY OF THE REPRESENTATION DTD. 24/12/2008 SUBMITTED BY PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS. EXT.P.5: COPY OF THE SKETCH SHOWING THE THODU PURAMBOKE AND SURVEY ISSUED FROM THE VILLAGE, KOTHAMANGALAM. RESPONDENTS' EXHIBITS: EXT.R5.A: COPY OF THE ROUGH SKETCH. EXT.R5.B: COPY OF THE PETITION DTD. 14/12/2008 BEFORE THE R.D.O., MUVATTUPUZHA. EXT.R5.C: COPY OF THE PLAINT DTD. 13/01/2009. EXT.R5.D: COPY OF THE ORDER DTD. 14/01/2009 IN I.A. NO. 172/2009 IN O.S. NO. 21/2009. EXT.R5.E: COPY OF THE REPRESENTATION. //TRUE COPY// P.S. TO JUDGE. prv. J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.P.(C).No.1347 of 2009 ------------------------- Dated this the 20th day of January, 2009. JUDGMENT Koshy, Ag.C.J. This petition is for police protection. It was ordered that if the construction is made strictly in accordance with the approved plan and the work is being done under the supervision of the Executive Engineer, Minor Irrigation Division, Ernakulam, police should afford protection. It is submitted by the counsel for the respondent that there is removal and putting of excess earth in the adjacent paddy fields. The police protection will continue, provided no further excess earth is removed to the paddy fields in the locality. Writ petition is accordingly disposed of. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy//