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 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 1638 of 2009(T) ------------------------------------- PETITIONER: ------------------- ALI, S/O.MAKKAR, AGED 48 YEARS, THEKKEVADAYATH HOUSE, CHEMBARATHKUNNU,VENGOLA, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.BABU S. NAIR. RESPONDENTS: ----------------------- 1. THE SUPERINTENDENT OF POLICE, ALUVA (RURAL) ERNAKULAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT. 4. UNNER KUNHU, S/O.AHAMMED, ELAVANKUDY HOUSE, CHEMBARATHKUNNU, P.O.VENGOLA, PERUMBAVOOR, ERNAKULAM DISTRICT. 5. SUDHEER, S/O.IBRAHIM, ELAVANKUDY HOUSE, CHEMBARATHKUNNU, VENGOLA.P.O, PERUMBAVOOR, ERNAKULAM DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI. BENJAMIN PAUL, R4 & R5 BY ADV. SRI.SIRAJ KAROLLY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.P(C).No.1638 of 2009 ------------------------------------- Dated 27th January, 2009 JUDGMENT Koshy, Ag.C.J . Petitioner is a resident of Vengola Panchayat. He has no other residential house. He is having five cents of land which is classified as wet land. Since the property belonging to the petitioner is classified as wet land, he applied to the Revenue Divisional Officer for exemption under the Kerala Land Utilisation Order for construction of a residential house stating that he has been selected as a beneficiary under the housing scheme of people belonging to below poverty line. According to the petitioner, respondents 4 and 5 and others are obstructing him. Respondent No.4 filed a counter affidavit. It is stated that after filing of the writ petition and after filing objections, he obtained a prohibitory order from the Panchayat. It is also submitted that a revision application was filed against the order of the R.D.O. In the facts and circumstances of the case and considering Ext.P1 order, we direct the police to give protection to the petitioner as respondents 4 and 5 have no power to physically prevent the petitioner from constructing residential house. If any orders of the authorities are violated, it is W.P.(C)No.1638/2009 2 for the statutory authority to take appropriate action. Unless Ext.P1 order is stayed in the revsion application, police has to give sufficient protection. This is without prejudice to any action taken by appropriate authorities. The writ petition is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks