IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 33072 of 2011(H) -------------------------- PETITIONER: --------------- MONCTY DANIEL, S/O. C. DANIEL, AGED 43 YEARS, RESIDING IN PANACHOOR HOUSE, ALAPPUZHA MURI, IRON BRIDGE MURI, MULLACKAL WARD, MULLACKAL VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.M.D.SASIKUMARAN RESPONDENTS: --------------- 1. SUPERINTENDENT OF POLICE, ALAPPUZHA - 688 001. 2. CIRCLE INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA - 688 001. 3. CENTRE OF INDIAN TRADE UNION (CITU) CONSTRUCTION AND HEAD LOAD WORKERS UNION, ALISSERY MEKHALA, KANNAN VARKEY BRIDGE UNIT, ALAPPUZHA, REPRESENTED BY ITS CONVENOR BABU - 688 001. 4. INDIAN NATIONAL TRADE UNION CONGRESS (INTUC), CONSTRUCTION OF HEAD LOAD WORKERS UNION, PUTHNANGADI, MANDALAM, KANNAN VARKEY UNIT ALAPPUZHA, REP. BY ITS CONVENER KASIM. 5. ALL INDIA TRADE UNION CONGRESS A.I.T.U.C, CONSTRUCTION AND HEAD LOAD WORKERS UNION, ALESSERY MEKHALA, KANNANVARKEY UNIT, REP. BY ITS CONVENER ISMAIL ALIAS HAMMADU. SRI.P.C.IYPE, ADDL. ADVOCATE GENERAL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/201, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONER'S EXTS: EXT.P1: TRUE COPY OF BASIC TAX RECEIPT NO.3148964 DATED 9-5-2011 ISSUED BY VILLAGE OFFICER, LAPPUZHA WEST VILLAGE. EXT.P2: TRUE COPY OF PROPERTY TAX RECEIPT DATD 31-3-20100. EXT.P2(A) TRUE COPY OF PROPERTY TAX RECEIPT DATED 31-3-2010. EXT.P2(B) TRUE COPY OF PROPERTY TAX RECEIPT DATED 31-3-2010. EXT.P2(C) TRUE COPY OF PROPERTY TAX RECEIPT DATD 31-3-2010 EXT.P3: TRUE COPY OF COMPLAINT DATED 6-12-2011 FILED BEFORE 2ND RESPONDENT. EXT.P4: TRUE COPY OF NEWS PAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 7=-12-2011. RESPONDENTS' EXTS; NIL ks. TRUE COPY P.S. TO JUDGE PIUS C.KURIAKOSE & K. HARILAL, JJ. ===================== W.P.(c)NO. 33072 OF 2011 ===================== Dated this the 21st day of December 2011 JUDGMENT Harilal,J. The petitioner is the owner in possession of 12.47 Ares of garden land in Re-survey No.25 of Alappuzha West Village. He has constructed a shopping complex therein and the building is assessed by the Alappuzha Municipality. The petitioner leased out the shop rooms to various tenants. The grievance of the petitioner is that on 6/12/2011 when the petitioner brought Generator to the building, respondents 3 to 5 have unauthorisedly and illegally obstructed the same demanding 'Nokkukooli' and in the result the petitioner could not unload the Generators from the vehicle and place in his building. 2. Though the petitioner has filed Ext.P3 compliant before the second respondent, the second respondent has not taken effective steps on Ext.P3. The learned Government Pleader submits that after the receipt of Ext.P3 complaint, the matter is being investigated promptly. Though notice has been issued to WPC.33072/2011 2 respondents 3 to 5, they have not entered appearance and thereby the allegations in the writ petition stands established by non-traverse. In the result, respondents 1 and 2 are directed to provide adequate and effective police protection to the petitioner for bringing articles into the building covered by Exts.P2, P2(a), P2 (b) & P2(c) against the threat caused by respondents 3 to 5. Hence the writ petition stands allowed. Sd/- PIUS C.KURIAKOSE,JUDGE Sd/- K. HARILAL, JUDGE ks. True copy P.s. To Judge