IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 23616 of 2009(V) -------------------------- PETITIONER(S): --------------- K.BHASKARAN, CONTRACTOR, SNEHALAYAM, PUTHIYAVILA P.O., KAYAMKULAM. BY ADV. SRI.M.S.UNNIKRISHNAN SMT.S.KARTHIKA SRI.M.R.ANISON SMT.K.P.GEETHA MANI RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, VAKATHANAM, KOTTAYAM DISTRICT.(CORRECTED) 2. SUB INSPECTOR OF POLICE, KARUKACHAL, KARUKACHAL POLICE STATION, KOTTAYAM DISTRICT. 3. P.N.SURESH KUMAR, S/O.K.K.NARAYANAN PALAKKAL NEDUNADAPALLY, SANTHIPURAM P.O., CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 4. K.K.SASIDHARAN NAIR, S/O.CHELLAPPAN NAIR, POLLUR, PALAKKAL, SANTHIPLURAM P.O., NEDUNADAPALLY, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. (THE ADDRESS OF THE FIRST RESPONDENT IS CORRECTED AS CIRCLE INSPECTOR OF POLICE, VAKATHANAM, KOTTAYAM DISTRICT AS PER ORDER DATED 20.8.2009 IN I.A.10557/09) ADV. SRI.ABHILASH BHASKAR FOR R3 & R4 GOVT.PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23616/09 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE STATE OF KERALA AND THE PETITIONER DT. 11.5.2009. EXT.P2 : TRUE COPY OF THE LETTER ISSUED BY THE EXECUTIVE ENGINEER TO THE DISTRICT COLLECTOR DATED 25.7.2009. EXT.P3 : TRUE COPY OF THE LETTER ISSUED BY THE ASST.ENGINEER TO REVENUE DIVISIONAL OFFICER DT. 24.7.2009. EXT.P4 : TRUE COPY OF THE PERMIT ISSUED BY THE TAHSILDAR FOR TRANSPORTATION OF SAND TAKEN FROM VARIOUS LAND OWNERS THROUGH IDENTIFIED VEHICLES TO WHICH PASSES WERE ISSUED BY THE COLLECTOR DATED 1.8.2009. EXT.P5 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETIITONER BEFORE THE 2ND RESPONDENT DT. 6.8.2009. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(C) No.23616 of 2009 ---------------------------------------------- Dated 21st August, 2009. J U D G M E N T Kurian Joseph, J. The writ petition is filed mainly with the following prayer :- “To issue a writ of mandamus or other appropriate writ order or direction directing respondents 1 and 2 to afford adequate and effective police protection to the petitioner from respondents 3 and 4 their men, agents or representatives to carry out the construction work awarded to him as per Ext.P1 agreement by removing all obstruction caused “Kuthrappally-Thengoly Road” at the spot of Chettuthadam within the boundary of Karukachal Panchayat.” Learned counsel appearing for respondents 3 and 4 submits that only in view of the inconvenience caused to the public, they and others have raised protest. Since the road is only a mud road and so many heavy vehicles are passing through the road, the people of the locality are put to serious inconveniences, it is submitted. It is to be seen that the work awarded as per Ext.P1 is also for public purpose,the construction of a byepass road. Comparing the public interest involved, the work in which the petitioner is now engaged is of grave importance. It is submitted that as per the permit issued by the Tahsildar, Changanassery, the work is to be completed before 31.3.2010. Therefore, there will be a direction WP(C) NO.23616/09 2 to the respondents 1 and 2 to afford adequate and effective police protection enabling the petitioner to effectively carry out the work referred to above. The petitioner will see that in the process the public who are using the road are not put to serious inconveniences. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.P.(C) No.23616 of 2009 ---------------------------------------------- J U D G M E N T Dated 21st August, 2009.