IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 37546 of 2008(T) -------------------------- PETITIONER(S): --------------- 1. ANGEL RAJ, S/O. YESUDAS, AGED 39 YEARS, PALLEKUZHIYIL HOUSE, VADAKKEVAZHAKKULAM, ALUVA. 2. JEEN RAJ, S/O. YESUDAS, AGED 41 YEARS, PALLEKUZHIYIL HOUSE, VADAKKEVAZHAKKULAM, ALUVA. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. THE SUPERINTENDNET OF POLICE (RURAL), ALUVA. 2. THE SUB INSPECTOR OF POLICE, THADIYITTAPARAMBU POLICE STATION, ALUVA. 3. RAJAN, S/O.KESAVAN NAIR, KONDOPPILLY HOUSE, KAIPURIKARA, MARAMPILLY P.O., ALUVA. 4. THE VILLAGE OFFICER, MARAMPILLY, ALUVA. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.37546 OF 2008 T ----------------------------------------------------- DATED THIS THE 18th DAY OF DECEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are brothers. They have purchased two small plots of land in Marampilly Village in Aluva Taluk. They are proposing to construct residential buildings there. They want to shift to their own buildings, from the rented buildings occupied by them. The properties purchased by them are wet lands which have to be filled, for constructing the residential buildings. The petitioners think, such filling is permissible for small house plots. The local people led by the 3rd respondent, who is a blind man, are causing obstruction to the filling of the land. Apparently, they are opposing it on environmental grounds. The petitioner filed Exhibit P11 representation before the police pointing out the obstruction caused and seeking protection. Since, the police failed to extend any helping hand to them, this Writ Petition is filed, seeking the following reliefs: i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd W.P.(C)No. 37546/08 -2- respondents to provide adequate police protection to the petitioners against 3rd respondent and his men to construct petitioners' residential buildings as per the building permits issued by Vazhakkulam Grama Panchayat. ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondents to consider Exhibit P11 representation forthwith. Going by Exhibit P11, we notice that the same does not disclose any cognizable offence. The allegation is regarding simple obstruction. If that be so, the remedy of the petitioners lie before the competent civil court. Accordingly, the Writ Petition is dismissed, without prejudice to the contentions of the petitioners and their right to move the competent civil court for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn