IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 26072 of 2010(H) -------------------------------------- PETITIONER: ------------------- SIMON, S/O.KUNJU KUNJU, MUNDAPPALLY VEEDU, NETAYAM P.O., VIYYANA MURI, VELINALLOOR VILLAGE, KOTTARAKARA TALUK. BY ADV. SRI.ALEXANDER GEORGE. RESPONDENTS: ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, EZHUKONE, KOLLAM DISTRICT, PIN 691 001. 2. SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, EZHUKONE, KOLLAM DISTRICT, PIN – 691 001. 3. SHAJI LAL, SAROJA BHAVAN, MYLODE P.O., POOYAPPALLY, KOTTARAKARA, PIN – 695 506. R1 & R2 BY GOVT. PLEADER SRI. T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26072/2010-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BUILDING PLAN. EXT.P.2: COPY OF THE ORDER PASSED BY THE REVENUE DIVISIONAL OFFICER, KOLLAM DTD. 27/10/2009. EXT.P.3: COPY OF THE PETITION FILED BEFORE THE R.1. ON 26/03/10. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:26072 OF 2010 H ----------------------------------------------------------- Dated this the 10th March, 2011. JUDGMENT Basant, J. The petitioner has come to this Court with this application for issue of directions under Art.226 to respondents 1 and 2 to afford protection to the petitioner for acting in terms of Ext.P2 and to deter the second respondent from raising illegal and unjustified obstruction. 2. According to the petitioner he wants to construct a residential building as per Ext.P1 plan. To undertake that construction he has to remove ordinary earth from the parcel of land belonging to him. He has to obtain consent for removal of such earth. Permission was granted subject to very strict conditions which are enumerated in Ext.P2. Ext.P2 is not limited by point of time. When the petitioner undertook the work he was illegally obstructed by the third respondent. It is in these circumstances that the petitioner came to this Court with this petition for police protection. WPC 26072/2010 2 3. Third respondent has been served. But there is no appearance for third respondent. The learned Govt. Pleader on behalf of respondents 1 and 2 submits that the petitioner is entitled to remove earth as permitted under Ext.P2 and the third respondent does not appear to have any right to raise obstruction/objection against the petitioner acting in terms of Ext.P2. The learned Govt. Pleader submits that it may be strictly insisted that the removal of earth must be undertaken only in scrupulous compliance of the terms in Ext.P2. If so police are willing to afford protection to the petitioner. We are satisfied that this petition can be allowed. 4. In the result; a) This writ petition is allowed. b) Respondents 1 and 2 are directed to afford protection to the petitioner to remove ordinary earth from his property to undertake residential construction in strict compliance with Ext.P2. WPC 26072/2010 3 c) We make it clear that such removal of earth must be in scrupulous compliance of Ext.P2 and only if such compliance is there protection need be granted to the petitioner. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 26072/2010 4