IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 13857 of 2009(B) ---------------------------------------- PETITIONER(S): ------------------------ DR.K.M.ASHIK,MANAGING PARNTER, M/S. PENTAGON BUILDERS, NEAR MALABAR CHRISTIAN COLLEGE, KOZHIKODE. BY ADVS. MR.M.KRISHNAKUMAR, SMT.PRABHA R.MENON. RESPONDENT(S): --------------------------- 1. THE S.I. OF POLICE, VELLAYIL POLICE STATION, KOZHIKODE. 2. THE C.I.OF POLICE NADAKKAVE, KOZHIKODE. 3. THE COMMISSIONER OF POLICE KOZHIKODE. 4. THE KAMBURAM VANITHA PARISTHITHY SAMRAKSHA SAMITHY REPRESENTED BY ITS OFFICE BEARER SMT.VASUMATHI, KAMBURAM,KOZHIKODE. 5. SMT.SREEJA W/O.NOT KNOWN, OFFICER BEARER, KAMBURAM VANITHA PARISTHITHY SAMRAKSHA SAMITHY, KAMBURAM, KOZHIKODE. R1 TO R3 BY GOVERNMENT PLEADER MR. P.A. SALIM R4 & R5 BY ADVS. MR.P.S.SREEDHARAN PILLAI, SMT.C.G.PREETHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13857/2009 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BUILDING PERMIT DTD. 10/09/2008. P2: COPY OF THE APPROVED PLAN. P3: COPY OF THE PHOTOGRAPH. P4: COPY OF THE PHOTOGRAPH. P5: COPY OF THE COMPLAINT DTD. 16/05/2009. RESPONDENT'S EXHIBITS: R4(A): COPY OF THE CERTIFICATE OF REGISTRATION DTD.1/4/2009 ISSUED BY THE DISTRICT REGISTRAR, KOZHIKODE. R4(B): COPY OF THE BYE-LAW OF KAMBURAM VANITHA PARISTHITHI SAMRAKSHNA SAMITHI. /TRUE COPY/ P.A.TO JUDGE Kss P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- Writ Petition (C) No.13857 of 2009-B -------------------------------------------------------- Dated 25th May 2009 Judgment RAMAN, J. Heard. This is a petition filed by the Managing partner of M/s.Pentagon Builders praying to issue a writ of mandamus to respondents 1 to 3 to afford necessary protection for the safe transit, ingress and egress of materials, men and machinery to the work site referred to in Exts.P1 and P2. It is the case of the petitioner that he has obtained the necessary building permit from the Corporation of Kozhikode as evidenced by Exts.P1 and P2. They have also put up a safety wall surrounding the site before the commencement of the building as required in Ext.P1. However, when they started the construction work and arrangements were made thereto, the 4th respondent samithy caused obstruction by gathering in large numbers and stopping the vehicles. Despite complaint made to the police, no action was taken. Hence this writ petition for police protection. WPC 13857/09 2 2. Respondents 4 and 5 appeared and filed counter affidavits. It is their case that the society is registered under the Societies Registration Act and the 4th respondent is the president of the said society. The very purpose of the formation of the society is to protect the environment. According to them, the permit itself was granted for construction in violation of the provision relating to protection coastal areas and according to them, the proposed building is only 100 metres away from the beach. Further, on account of JCB operations at the site, 18 of the nearby residences were damaged and on complaint being made, the Corporation caused to conduct an inspection. There is a protest against the construction activities. According to them, the multi-storeyed construction like the one carried out by the petitioner between the residence of the local fishermen and the beach will have the impact of fishermen loosing easy access for fishing operation. This is the sum and substance of the grievance raised by the petitioner. The learned Government Pleader on behalf of the State would submit that the complaint was received only by registered post. WPC 13857/09 3 3. The fact remains that the petitioner with a view to construct the building has purchased a land obtained necessary permits. It is not shown that any other permit is required to be obtained by the petitioner. According to the 4th respondent, the alleged construction is within a distance of 100 metres and that it violates the environmental laws. No specific provision is referred to nor brought to our notice. At any rate, if the alleged construction is in violation of any provisions of law, it is certainly open to the 4th respondent to approach the appropriate authority who granted permission, pointing out the same. So long as no such complaint is made and so far as the petitioner is carrying out the construction activities after obtaining the necessary permits, no obstruction should be caused to the construction activities. If the 4th respondent has got any sentimental or other objections, this court cannot prevent them from raising such protest in a peaceful manner. So long as any agitation is done in a peaceful manner allowed by law, the police will not interfere. However, if they transgress their limits to one of taking law into their own hands, causing physical obstruction, certainly the WPC 13857/09 4 petitioner is entitled for necessary protection in this regard and the police shall afford such protection. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 13857/09 5