IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 21676 of 2009(D) -------------------------- PETITIONER(S): --------------- ALOSHIOUS GEORGE , S/O.LATE C.C. GEORGE, AGED 38 YEARS, CHERUKARA HOUSE, KARIMKUNNAM P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.BINOI GEORGE (CHERUKARA) SRI.R.DIVAKARAN SRI.VINUCHAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE REVENUE SECRETARY, SECRETARY, THIRUVANANTHAPURAM. 2. THODUPUZHA MUNICIPALITY, THODUPUZHA REP. BY THE SECRETARY. 3. THE TAHSILDAR, TALUK OFFICE, THODUPUZHA, IDUKKI DISTRICT. 4. THE VILLAGE OFFICER, KARIMKUNNAM VILLAGE, THODUPUZHA TALUK, IDUKKI DIST. 5. THE CIRCLE INSPECTOR OF POLICE, KANJAAR POLICE STATION, THODUPUZHA, IDUKKI DISTRICT. 6. SUB INSPECTOR OF POLICE, KARIMKUNNAM POLICE STATION, IDUKKI DISTRICT. 7. THANKAPPAN, KOTHAMMACKAL HOUSE, KARIMKUNNAM P.O. PLANTATION, THODUPUZHA TALUK, IDUKKI DISTRICT. W.P.(C) No.21676 of 2009 : 2 : 8. SHAJI, S/O. THANKAPPAN, KOTHAMMACKAL HOUSE KARIMKUNNAM P.O., PLANTATION, THODUPUZHA TALUK, IDUKKI DISTRICT. 9. JOY, ODAKKAL HOUSE, KARIMKUNNAM P.O., PLANTATION, THODUPUZHA TALUK, IDUKKI DISTRICT. 10. JOHNY, VALIYAMMACKAL HOUSE, KARIMKUNNAM P.O., PLANTATION, THODUPUZHA TALUK, IDUKKI DISTRICT. 11. BIJU, S/O. THANKAPPAN, KOCHUPLACKAL HOUSE, KARIMKUNNAM P.O., PLANTATION, THODUPUZHA TALUK, IDUKKI DISTRICT. BY GOVT. PLEADER SRI.P.A.SALIM. BY STANDING COUNSEL SRI.P.K.SOYUZ FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No. 21676 of 2009 ------------------------------- Dated this the 31st July, 2009 J U D G M E N T Raman, J. Petitioner seeks police protection for construction of a basement wall on the eastern and southern boundary separating the petitioner's land from that of public thodu vested with the Municipality. 2. It is pointed out by the learned Standing Counsel, Sri.P.K.Soyuz, appearing for the Municipality that the petitioner has not made application seeking permission for construction of any such retention wall. 3. If that be so, this Court cannot grant any relief to the petitioner, in the absence of any proper sanction from the Municipality. Leaving open the right of the petitioner to approach the Municipality for necessary action and to take W.P.(C) No.21676 of 2009 2 appropriate steps, in accordance with law thereafter, this writ petition is dismissed. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.