IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 14588 of 2009(P) -------------------------- PETITIONER: --------------- THOMAS ANTONY MULAKUPADAM HOUSE, INDUSTRIAL NAGAR, INDUSTRIAL ESTATE.P.O., VEROOR KARA, CHETHIPUZHA VILLAGE, CHANGANSSERY, KOTTAYAM DIST. PIN-686106. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.K.N.RAVEENDRAN SRI.P.CHANDRASEKHARAN PILLAI (VENNELA) SRI.T.B.SIVAPRASAD SRI.ABHILASH AKBAR SMT.SUMEY CHANDRAN RESPONDENTS: --------------- 1. STATE OF KERALA REP. BY THE SECRETARY TO THE GOVERNMENT OF KERALA DEPARTMENT OF HOME GOVERNMENT SECRETARIAT TRIVANDRUM. 2. CIRCLE INSPECTOR OF POLICE VAIKOM. 3. SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, VAIKOM. 4. MOHANAN @ MONICHAN, S/O.PURUSHOTHAMAN, AGED 49 YEARS, PURUSHA VIHAR, KUDAVECHOOR.P.O., KUDAVECHOOR KARA, VECHOOR VILLAGE VAIKOM TALUK, KOTTAYAM DIST. PIN-6866144. 5. BAIJU S/O. G.K. SREEDHARAN KUDAVECHOOR KARA VECHOOR VILLAGE VAIKOM TALUK, KOTTAYAM DIST. PIN-6866144. WP(C) 14588/09 :2: 6. KUTTAN, S/O. PITAMBARAN PEEYAPARAMBIL HOUSE KUDAVECHOOR.P.O. KUDAVECHOOR KARA, VECHOOR VILLAGE, VAIKOM TALUK KOTTAYAM DIST. PIN-6866144. 7. BIJU S/O. PDMANABHAN, KIDANGOOR HOUSE, KUDAVECHOOR.P.O. KUDAVECHOOR KARA, VECHOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DIST. PIN-6866144. 8. JIJY S/O. PADMANABHAN, KIDANGOOR HOUSE KUDAVECHOOR.P.O. KUDAVECHOOR KARA, VECHOOR VILLAGE, VAIKOM TALUK,KOTTAYAM DIST. PIN-6866144. GOVT. PLEADER SRI. P.A. SALIM. ADV. SRI.T.RAJESH FOR R4 TO 8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 14588/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DOCUMENT NO. 1147/2007 OF SRO, VECHOOR. EXT.P2 TRUE COPY OF THE DOCUCMENT NO. 1148/2007 OF SRO, VECHOOR. EXT.P3 TRUE COPY OF THE DOCUCMENT NO. 1198/2007 OF SRO, VECHOOR. EXT.P4 TRUE COPY OF THE DOCUMENT NO. 3372/2007 OF SRO, VECHOOR. EXT.P5 TRUE COPY OF THE DOCCUMENT NO. 36//2008 OF SRO, VECHOOR. EXT.P6 TRUE COPHY OF THE DOCUMENT NO. 89/2008 OF SRO, VECHOOR. EXT.P7 TRUE COPY OF THE DOCUMENT NO. 945/2008 OF SRO, VECHOOR. EXT. P8 TRUE COPY OF THE DOCUMENT NO. 967/2008 OF SRO, VECHOOR. EXT.P9 TRUE COPY OF THE DOCUCMENT NO. 359/2008 OF SRO, VECHOOR. EXT.P10 TRUE COPY OF THE DOCUCMENT NO. 1212/2008 OF SRO, VECHOOR. EXT.P11 TRUE COPY OF THE LETTER BEARING NO. DB-126/09 DATED 20.4.2009 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, KADUTHURTY TO THE PETITIONER GRANTING SANCTION FOR CONSTRUCTION OF RETAINING WALL. EXT.P12 A TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P13 A TRUE COPY OF THE RECEIPT BEARING NO. 657/09 DATED 21.5.2009 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 14588 OF 2009 = = = = = = = = = = = = = = = = DATED THIS, THE 11TH DAY OF JUNE, 2009. J U D G M E N T Raman, J. This is a petition seeking police protection for construction of a retaining wall. The allegation is that Respondents 4 to 8 are physically obstructing the workers and preventing them from carrying on the work. 2. The learned Government Pleader, on instruction, submits that there is already a stop memo issued by the Village Officer. Thus, the construction of the compound wall is interdicted by an order passed by the Village Officer. Hence leaving open the right of the petitioner to move for vacating the stay order or to approach the civil court and subject to his right to approach this Court on a future occasion, if aggrieved after obtaining orders from the authorities, this writ petition is dismissed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-