IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 35387 of 2007(K) ----------------------------------------- PETITIONER: ---------------------- K.ABDUL HAMEED, S/O.MOHAMMED ALI, AGED 38, CHEAKODE AMSOM, OMANUR DESOM, OMANUR P.O., ERNAD, MALAPPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE. 3. THE CHIEF ENGINEER, ROADS DIVISION, PUBLIC WORKS DEPARTMENT, KOZHIKODE. 4. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, KOZHIKODE. 5. THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, NATIONAL HIGH WAY SECTION, KOZHIKODE. 6. THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, MUKKOM P.O., KOZHIKODE. 7. THE MUKKOM GRAMA PANCHAYAT, MUKKOM P.O. KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY. 8. KUNJAVARAN.P., PRESIDENT, VYPARI, VYAVASAYI SAMITHI, MUKKOM UNIT, KOZHIKODE. Kss ...2/- ...2.... WPC.NO.32387/2007 K 9. KAPPIYEDATH CHANDRAN, PRESIDENT, VYAPARI VYAVASAYI EKOPANA SAMITHI, MUKKAM UNIT, KOZHIKODE. 10. P.P.ASOKAN, SECRETARY, VYAPARI VYAVASAYI SAMITHI, MUKKAM UNIT, KOZHIKODE. 11. SUBAIR ASANALI, S/O.KUSANAYI, ANAYAMKUNNU, KOZHIKODE. 12. MUSH OOD.M., PARAVATHANI, MUKKOM P.O., KOZHIKODE. 13. MALIK AHMED, PC OPTICALS, P.C.ROAD, MUKKOM, KOZHIKODE. 14. VADOOD REHMAN, ALFA GLASS AGENCIES, MUKKOM, KOZHIKODE. BY ADV. SRI.P.J.MATHEW - R7 SRI.JOHNSON P.JOHN – R8 TO R14 BY GOVERNMENT PLEADER SRI. M.R. SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35387/2007 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMPLAINT DTD. 31/07/2007 SUBMITTED BY THE PETITIONER'S VENDOR C.MARIYAM TO THE 6TH RESPONDENT. EXT.P2: COPY OF THE LETTER DTD. 3/08/2007 ISSUED BY THE 7TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P3: COPY OF THE LETTER DTD. 31/08/2007 ISSUED BY THE 7TH RESPONDENT to the C.MARIYAM, PETITIONER'S VENDOR. EXT.P4: COPY OF THE COMPLAINT DTD. 12/09/2007 SUBMITTED BY THE PETITIONER'S VENDOR TO THE 2ND RESPONDENT. EXT.P5: COPY OF THE JUDGMENT DTD. 3/10/2007 IN WPC.NO. 28042/07. EXT.P6: COPY OF THE ORDER PASSED BY THE 5TH RESPONDENT. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 35387 OF 2007 K = = = = = = = = = = = = = = = = Dated this the 4th January, 2008 J U D G M E N T Implementation of Ext. P6 is the order sought for in this writ petition. Paragraph 2 of Ext. P6 reads as follows: “On 21.11.07 in the forenoon, the unauthorized shed has to be removed for which the PWD land boundary has to be marked. The concerned revenue officials may be directed to be present on the same day by 11.00 AM to mark the P.W.D land boundary where the disputed temporary construction had made. The police officials also may be given necessary instructions to arrange adequate protection to implement the Hon: High Court order.” 2. None has a case that Ext. P6 is not in force or that it is not liable to be implemented. On the other hand, Govt. Pleader, on instructions, submits that though the authorities had gone to the site, in view of the resistance offered by the traders Ext. P6 could not be implemented. 3. This actually discloses a sad situation in enforcing law because of the resistance put by a handful of traders. If Ext. P6 is WPC No. 35387/07 2 still in force, the resistance has to be removed and if necessary by using force. So long as Ext. P6 is in force, I direct that it will be the responsibility of the respondents to implement the same. This the respondents shall do as expeditiously as possible. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-