IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 28758 of 2009(L) PETITIONER(S): 1. MOLLYKUTTY JOSEPH, AGED 37 YEARS, W/O.JOSEPH, KADAMTHODE HOUSE, CHEERANCHIRA POST, VEROOR MURI, CHETHIPUZHA VILLAGE, CHANGANACHERRY. 2. GIGIMOLE SIBYCHEN, AGED 37 YEARS, W/O.SIBYCHEN, KADAMTHODE HOUSE, CHEERANCHIRA POST, VEROOR MURI, CHETHIPUZHA VILLAGE, CHANGANACHERRY. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): 1. THE S.I.OF POLICE, CHANGANACHERRY POLICE STATION, CHANGANACHERRY. 2. THE C.I.OF POLICE, CHANGANACHERRY CIRCLE, CHANGANACHERRY. 3. THE DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM. 4. CHACKO, S/O.JOSEPH, MATTAPPARAMBIL HOUSE, CHEERANCHIRA POST, VEROOR MURI, CHETHIPUZHA VILLAGE, CHANGANACHERRY. 5. JOSEPH, S/O.CHACKO, MOOLAEKALAM HOUSE, CHEERANCHIRA POST,VEROOR MURI, CHETHIPUZHA VILLAGE, CHANGANACHERRY. 6. JOSEPH S/O.JOSEPH, MOOLAEKALAM HOUSE, CHEERANCHIRA P.O., VEROOR MURI, CHETHIPUZHA VILLAGE, CHANGANACHERRY. 7. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.V.AJITH KUMAR FOR R4TO6 SRI.G.BENO FOR R4TO6 GOVT.PLEADER SRI.T.K.VIPINDAS-R2,R3 & R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.28758 OF 2009 APPENDIX PETITIONERS' EXHIBITS: Ext.P1: True copy of order dated 05.12.08 of the Tahsildar, Changanacherry issued to petitioners. Ext.P2: True copy of 1st petitioner's complaint dated 07.10.09 forwarded to respondents 1 to 3. Ext.P3: True copy of 2nd petitioner's complaint dated 07.10.09 forwarded to respondents 1 to 3. RESPONDENTS' EXHIBITS: Ext.R4(a): A true copy of the mass complaint filed by the respondents along with the residents of the ward through the Ward Member before the District Collector dated 08.12.2008. Ext.R4(b): A true copy of the complaint filed by the Ward member before District Collector dated 15.10.2009. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO.28758 OF 2009 --------------------------------------------- Dated this the 5th day of November, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayer: i. to issue a writ of Mandamus or any other appropriate writ, order or direction to respondents 1 to 3, directing them to give adequate and effective Police protection to the petitioners, so as to enable them to remove necessary soil from their respective properties in the light of Ext.P1 order and as mentioned therein and preventing possible threat and unlawful obstructions that may be caused by respondents 4 to 6 and their men. 2. The Chair person of the Taluk Legal Services Committee, Changanacherry has submitted a report to the effect that the removal of earth is only as per the permit conditions. It is also reported that in the vicinity, earth has not been removed below the road level. Still further there is a report that by the removal of the earth to the road level, there is no shortage of water. Learned counsel for the petitioners submits that the removal of earth is only for the purpose of construction of residential houses. In the above circumstances, there will be a direction to the police to give adequate and effective protection to the petitioners for removing the earth as per Ext.P1 permit so that the W.P.(C) NO.28758 of 2009 2 petitioners are in a position to construct residential houses without any delay. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc