IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 2379 of 2009(G) ------------------------------------- PETITIONERS: --------------------- 1. M/S.G.D.BUILDERS, DOOR NO.2/110E, EROOR NORTH,TRIPUNITHURA, NADAMA VILLAGE, KANAYANNUR TALUK, REPRESENTED Y ITS MANAGING PARTNER. 2. MR.M.D.BALAGOPALAN, S/O.LATE DAMODARAN, AGED ABOUT 48, 4-A, ROYAL HERITAGE APARTMENTS, OPP. MAIN POST OFFICE,TRIPUNITHURA-682301,NADAMA VILLAGE, KANAYANNUR TALUK, MANAGING PARTNER, M/S. G.D.BUILDINGS,DOOR NO.2/110E,EROOR NORTH, TRIPUNITHURA, NADAMA VILLAGE,KANAYANNUR TALUK. BY ADV. MR. V.P.K.PANICKER. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE COMMISSIONER OF POLICE, ERNAKULAM CITY,ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA. 3. THE SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, TRIPUNITHURA. 4. THE PUTHANKULANGARA RESIDENTS ASSOCIATION, PUTHANKULANGARA, EROOR NORTH, REPRESENTED BY ITS SECRETARY. 5. NAZAR, PALLACHI, PULSE NAGAR ROAD, EROOR NORTH, VIA THRIPUNITHURA- 682 306, PRESIDENT, PUTHANKULANGARA RESIDENTS ASSOCIATION, PUTHANKULANGARA, EROOR NORTH. W.P.(C). NO.2379/2009-G: 6. SANTHOSHKUMAR P.K. PUNNAPPARAMBIL HOUSE PULSE NAGAR ROAD, EROOR NORTH, TRIPUNITHURA. 7. T.S.SIVAKUMAR, S/O.SABHAPATHY, GOWRI COTTAGE, EROOR NORTH P.O. THRIPUNITHURA -682306. 8. MARGRET JOEMON, W/O. JOEMON, 130-B,PULSE NAGAR ROAD, EROOR,TRIPUNITHURA. 9. JOSAFINE CHACKO, W/O.CHACKO, KUTTIPARAMBIL HOUSE, PULSE NAGAR ROAD, EROOR TRIPUNITHURA. R1 TO R3 BY GOVT. PLEADER MR. TEKCHAND, R4 & R5 BY ADV. MR.C.A.MAJEED, R6 TO R9 BY ADV. MR.PEEYUS A.KOTTAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.P(C).No.2379 of 2009 ------------------------------------- Dated 4th February, 2009 JUDGMENT Koshy, Ag.C.J . This is a petition for police protection. According to the petitioners, their construction activities are being obstructed by respondents 5 to 9. It is submitted that an injunction order obtained from the court was also vacated (Ext.P11). It is also submitted that earlier the building was constructed as per the approved plan and even though on the basis of the complaints of the very same parties a stop memo was issued, the District Collector has vacated the stop memo after finding that there was no violation of the conditions. According to the petitioners, despite all these things, they are continuously being threatened. According to the contesting respondents, after starting the construction also further nuisance is being caused. If any further nuisance is caused, it is for the contesting respondents to get appropriate prohibitory orders from the statutory authorities or from the court. In the absence of any such prohibitory order, the respondents cannot prevent the petitioners from constructing a house or take law into their hands. In the absence of such prohibitory order, adequate police protection should W.P.(C)No.2379/2009 2 be granted to the life and property of the petitioners and their workers for carrying on the construction activity in their site for Lakshmi Apartment, Tripunithura. The writ petition is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks