IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 7063 of 2011(G) ------------------------- PETITIONER(S): --------------- MRIDULA GOPI, AGED 40 YEARS, W/O.GOPI, MANGADATHU VEETTIL, KURUVILASSERI P.O., THRISSUR DT. BY ADV. SMT.P.R.REENA RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, THRISSUR, PIN - 680 003. 2. CIRCLE INSPECTOR OF POLICE, MALA, THRISSUR DIST. PIN 680 732. 3. SUB INSPECTOR OF POLICE, MALA, THRISSUR DIST. PIN 680 732. 4. SASI, NAISSERY HOUSE, POOPATHY, MALA, THRISSUR DIST. PIN 680 733. 5. GOPI, CHUNDANGA PARAMBIL HOUSE, POOPATHY, MALA, THRISSUR DIST. PIN 680 733. 6. OMANA, CHUNDANGAPARAMBIL HOUSE, POOPATHY, MALA, THRISSUR DIST. PIN 680 733. ADV. SRI.SHEEJO CHACKO FOR R4-R6 GOVERNMENT PLEADER SMT.CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC NO.7063 OF 2011 EXT.P1: TRUE COPY OF THE BASIC TAX RECEIPT DATED 17/2/2009 ISSUED BY KURUVILASSERY VILLAGE OFFICE. EXT.P2: TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)NO.85/2010 DATED 5/4/2010. EXT.P3: TRUE COPY OF THE LETTER DATED 4/5/2010 OF THE ADDL.SECRETARY TO THE GOVERNMENT ISSUED TO THE PETITIONER. EXT.P4: TRUE COPY OF THE JUDGMENT IN W.P.C.NO.16160/2010 DATED 3/6/2010. EXT.P5: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 04/03/2011. // True Copy// PA to Judge R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.7063 of 2011 ---------------------------------------- Dated this the 15th day of March 2011 J U D G M E N T R.BASANT,J The petitioner has come to this Court seeking issue of directions to respondents 1 to 3 under Article 226 of the Constitution of India to provide police protection for the petitioner to facilitate removal of ordinary earth from her property against illegal obstruction by respondents 4 to 6. 2. According to the petitioner, the petitioner is the owner of the land. The land is situated at a higher level. The petitioner wants to remove earth to bring it down to the public road level. For such removal of ordinary earth, no permission of authority is required under Exts.P2 and P3. When the petitioner attempted to do the same, the officials raised objections and this obliged the petitioner to come to this Court with W.P.C.No.16160/2010 complaining about police harassment. By Ext.P4 judgment, another Bench of this Court, as early as on 03/06/2010, directed that there should be no harassment by the officials/respondents in that petition if the petitioner removes ordinary earth from her property for the purpose of bringing her property in level with the public road and in accordance with the W.P.C.No.7063 of 2010 2 conditions in the Government Order which is produced as Ext.P2. 3. According to the petitioner, after securing Ext.P4 judgment of this Court, when the petitioner attempted to undertake the work, respondents 4 to 6, local persons are raising illegal objections. It is, in these circumstances, that the petitioner has come to this Court with this petition. 4. Notice was given. Service is complete. Respondents 4 and 5 have entered appearance. Respondents 1 to 3 are represented by the learned Government Pleader. The learned Government Pleader reports that in view of the complaint raised by the wife of the 4th respondent, police had intervened in the matter. In the light of the stipulations in Ext.P2, such a complaint as given by the wife of the 4th respondent deserves the attention of the petitioner. 5. The learned counsel for respondents 4 and 5 submits that their objection is only that the petitioner is attempting not to bring down the level of her property to the level of the public road; but attempting to bring it further down to the depth of 6 to 7 feet. If the petitioner would ensure that the level of the property is brought down only to the level of the public road, respondents 4 and 5 shall raise no objection, submits the learned W.P.C.No.7063 of 2010 3 counsel for respondents 4 and 5. The learned Government Pleader submits that the only reason for police looking into the matter is the complaint of the wife of the 4th respondent and if the 4th respondent has no objection, necessary police protection shall be afforded by respondents 1 to 3. 6. The learned counsel for the petitioner submits that it may be recorded that the petitioner undertakes that the level of the property shall be brought down only to the level of the adjacent public road and not further. 7. We accept the submissions of the learned counsel for respondents 4 and 5 and the learned counsel for the petitioner and the learned Government Pleader. Respondents 1 to 3 shall afford police protection to the petitioner in her attempt to remove ordinary earth from her property to bring it down to the level of the adjacent public road. It is made clear that this order will not enable the petitioner to bring down the level of the property further than the level of the road. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.7063 of 2010 4 W.P.C.No.7063 of 2010 5 W.P.C.No.7063 of 2010 6 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010