IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 29754 of 2008(P) -------------------------- PETITIONER: --------------- RAJEENA, W/O. BASHEER, AGED 35 YEARS RESIDING AT KALAMANIYIL, KAVASSERY, KAZHANI, ALTHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN RESPONDENTS: --------------- 1. SECRETARY, HEAD LOAD WORKERS UNION (INTUC) CHUNDAKKAD UNIT, KAVASSERY, ALATHUR TALUK PALAKKAD DISTRICT. 2. SUB INSPECTOR OF POLICE ALATHUR POLICE STATION, PALAKKAD DISTRICT. 3. DEPUTY SUPERINTENDENT OF POLICE ALATHUR, PALAKKAD DIST. ADV. SRI.T.M.SUNIL FOR R1 SMT.S.CHITHRA FOR R1 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29754/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE PLAN SHOWING THE PROPOSED BUILDING AND APPROVED BY THE KAVASSERY GRAMA PANCHAYAT DT.12.09.2007. EXT.P2: COPY OF THE COMPLAINT DT.29.7.2008. EXT.P3: COPY OF THE JUDGMENT DT.17.09.2008. EXT.P4: COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, KAVASSERY GRAMA PANCHAYAT DT.08/09/2008. EXT.P5: COPY OF THE COMPLAINT DT.20.09.2008 //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.29754 OF 2008 ---------------------------------------- Dated this the 28th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is constructing a residential building. Its works are almost over. But, now the members of the 1st respondent are causing obstruction to the loading and unloading of building materials. They obstructed the work of removing the surplus bricks on 28.7.2008 and thereafter because of their threat and show of force, building materials cannot be brought to the work site and the construction of the building has come to a grinding halt. Therefore, the petitioner approached this Court earlier by filing W.P.(C).No.24680/2008. The said writ petition was dismissed on certain technical grounds. Subsequently, the petitioner has filed a detailed representation before the police seeking necessary protection for doing unloading building materials in her work site using her own workmen. Alleging that the police are not taking any effective action, this writ petition is filed praying for appropriate orders against the police officials. W.P.(C) No.29754/2008 2 2. The learned Government Pleader, upon instructions, submitted that there is no law and order problem warranting interference by the police. 3. The 1st respondent submitted that the construction of the building is already over. Now an unauthorised construction of a commercial premises is going on, where the petitioners husband proposes to carry on some business. The workmen are claiming the loading and unloading work for the said premises, it is submitted. 4. The learned counsel for the petitioner submitted that she requires protection only for the completion of construction of the residential building. She also denies the allegation of making unauthorised construction of commercial premises within her compound. 5. If building materials for the construction of the residential building are brought and its unloading is obstructed by anybody, the petitioner may inform the 2nd respondent. In that event, W.P.(C) No.29754/2008 3 the 2nd respondent shall remove the obstruction. We record the submission of the petitioner that she requires protection for the completion of the construction of the residential building alone. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps