IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 6879 of 2009(D) ------------------------- PETITIONER(S): --------------------- D.BHANU, GOVERNMENT CONTRACTOR, GIRIJA BHAVAN, NEENDAKARA P.O., KOLLAM. BY ADV. SRI.P.K.BALAKRISHNAN NAIR RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR, INDIAN NAVIGATION DIORECTORTE, KALLADA HOUSE, AAREMAM P.O., KOLLAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, CHIRAYANKEEZHU, THIRUVANANTHAPURAM 5. THE SUB INSPECTOR OF POLICE, KADAKKAVOOR. 6. SUJITH, S/O.SUZHEELAM , AGED 25, AREYETHURUTHY, KIZHAKKETHITTA VEETTIL, BEECH ROAD, CHIRAYINKEEZHU DESOM, SARKARA VILLAGE, ANATHALAVETTOM, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 6879/2009. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE AGREEMENT NO.3/DIR/INDT/2006-07 DATED 5.2.2007 EXECUTED WITH THE SECOND RESPONDENT. EXT. P2 : TRUE COPY OF THE ORDER DATED 28.2.2008 ISSUED BY THE GEOLOGY DEPARTMENT MINING AND GEOLOGY, TRIVANDRUM TO THE PETITIONER. EXT. P3 : TRUE COPY OF THE LETTER DATED 19.12.2007 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT. P4 : TRUE COPY OF THE LETTER DATED 29.12.2007 SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT. P5 : TRUE COPY OF THE ORDER DATED 28.1.2009 ISSUED BY THE SECOND RESPONDENT. EXT. P6 : TRUE COPY OF THE COMPLAINT DATED 9.2.2009 FILED BEFORE THE THIRD RESPONDENT WITH COPIES TO THE 4TH RESPONDENT AND 5TH RESPONDENT. EXT. P7 : TRUE COPY OF THE LETTER DATED 9.2.2009 SENT TO THE 3RD RESPONDENT. EXT. P8 : TRUE COPY OF THE FIR IN CRIME NO.42/2009 REGISTERED BY THE 4TH RESPONDENT. RESPONDENTS' EXTS: ANNEXURE R4(a) : TRUE COPY OF THE PAPER REPORTS IN MALAYALA MANORAMA DATED 30.3.2009. P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6879 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of May, 2009. JUDGMENT Raman, J, Heard both sides. 2. This court passed an interim order as prayed for on 31.3.2009 and extended the same on condition that the petitioner shall have a valid current permit for removal of sand. 3. This petition is filed seeking police protection for doing and completing the contract work, for which the petitioner is appointed as a contractor by the Indian Navigation Department for widening the existing canal and protecting the canal. He was doing the work with Hitachies, dredger, pile driving plants and tipper lorries etc. It is against such work that some obstructions are caused. Based on the interim protection order, the work is being carried on without any obstruction. Towards the execution of the work, if any sand is required by the petitioner as a rawmaterial, necessarily, after obtaining necessary permit he is entitled to transport the same. Therefore, this court has ensured that transportation of sand shall only be based on valid permit issued and there cannot be any obstruction to the work WPC. 6879/2009. 2 carried on by the petitioner so long as there is no order prohibiting the work being carried on by any competent authority or civil court. If anybody has got a complaint or grievance against the work undertaken by the petitioner, their remedy is to approach the appropriate authorities including civil court, but cannot take the law into their own hands and cause physical obstruction. In such circumstances, we make the interim order absolute. No further directions are called for. The writ petition is closed. P.R. Raman, Judge P. Bhavadasan, Judge sb.