IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34891 of 2011(J) ------------------------------- PETITIONER(S): ----------------- K.A. BAVAKUNJU, S/O ASSAINAR, KANAMPURAM HOUSE, PERUMBAVOOR VILLAGE, IRINJOL KARA, KUNNATHUNADU, ERNAKULAM DIST. BY ADV. SRI.H.BADARUDDIN RESPONDENT(S): ------------------- 1. IRINJOL SOUTH RESIDENCE ASSOCIATION, (ISRA) REP. BY ITS SECRETARY, PURUSHOTHAMAN, IRINJOL KARA, IRINJOL P.O., PIN 683548, KUNNATHUNADU, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KURUPPAMPADY POLICE STATION, PERUMBAVOOR, ERNAKULAM. GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34891 of 2011(J) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE BUILDING PERMIT ISSUED UNDER THE LAW THE SECRETARY OF GRAMA PANCHAYATH DT.23/11/11. EXT.P2:- TRUE COPY OF PROPOSED COMPOUND WALL APPROVED BY RAYAMANGALAM GRAMA PANCHAYATH FOR EXT.P1 GRAMA PANCHAYATH. EXT.P3:- TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT.07/12/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.34891 of 2011 ------------------------------------------------ Dated this the 23rd day of December, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition has been filed by the petitioner against the Irinjol South Residence Association and the local Sub Inspector seeking the following reliefs:- “Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent Sub Inspector of Police to render adequate and effective Police Protection for the life and safety of the petitioner and that of his workers while the ingress and egress of transporting the building materials to the property mentioned in Ext.P1 and constructing a compound wall therein, by considering the Ext.P3 complaint.” 2. At the very outset, Sri.H.Badruddin, the learned counsel for the petitioner submitted that it will suffice if the petitioner is granted protection for the lives of himself and his workmen. He is not seeking any protection for the construction works which he intends to take up on the strength of Ext.P1 Building Permit. If necessary, such W. P. C. No.34891 of 2011 -2- protection will be obtained in separate proceedings either before this Court or from a competent civil court. We record the above submission of Sri.Badruddin. 3. On considering this Writ Petition for admission, Sri.Dhanesh Mathew Manjooran, the learned Government pleader has taken notice on behalf of the 2nd respondent. We have heard him also. According to the petitioner there is imminent danger to the life of himself and his workers from the part of the functionaries and members of the first respondent association. The 2nd respondent is not taking steps for giving protection. 4. Having considered the averments in the Writ Petition and the submissions addressed at the Bar, we are of the view that it is not necessary that we take a decision as to the truth or otherwise of the allegations of the petitioner. We dispose of the Writ Petition at this stage itself in the following terms:- 5. The 2nd respondent will take up Ext.P3 immediately and conduct an enquiry into the question whether there is any subsisting threat to the life of the petitioner or the W. P. C. No.34891 of 2011 -3- petitioner's workers from the part of the members and functionaries of the first respondent/Association. If the enquiry reveals that there is such subsisting threat, the 2nd respondent will take such action as is necessary for protecting the petitioner and his workers from all danger to the lives and limbs. We clarify that this judgment of ours shall not be interpreted as grant of protection to the petitioner for carrying out the construction on the strength of Ext.P1 if the same is opposed to by the 2nd respondent. Petitioner is directed to send a copy of this judgment to the President of the 1st respondent as soon as he receives the same by registered post with acknowledgment due. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE W. P. C. No.34891 of 2011 -4-