IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 19987 of 2011(W) ----------------------------------------- PETITIONER(S): ---------------------- K.J. THOMASKUTTY, KANNAMTHANATHU VEEDU, KOMPANOLI, VADASSERIKARA, PATHANAMTHITTA. BY ADV. SRI.BECHU KURIAN THOMAS, SRI.ENOCH DAVID SIMON JOEL. RESPONDENT(S): -------------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, KOTTAYAM - 686 001. 2. CIRCLE INSPECTOR OF POLICE, PAMPADY POLICE STATION, KOTTAYAM - 686 001. 3. SUB INSPECTOR OF POLICE, PAMPADY POLICE STATION, KOTTAYAM - 686 001. 4. JOSE P.VARGHESE, PULIKKAKAVALA, KOTHALA, PAMPADY, KOTTAYAM - 686 001. 5. P.V. SASI, PULIYIL, KOTHALA, PAMPADY, KOTTAYAM - 686 001. R1 TO R3 BY GOVT. PLEADER SMT.CHARISMA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19987 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE POSSESSION CERTIFICATE DATED 18/11/2010 ISSUED BY THE KOOROPADA GRAMA PANCHAYAT TO THE PETITIONER. EXT.P2: COPY OF THE CERTIFICATE DATED 20/06/2011 ISSUED BY THE PANCHAYAT TO THE PETITIONER. EXT.P3: COPY OF THE CERTIFICATE DATED 23/06/2011 ISSUED BY THE PANCHAYAT TO THE PETITIONER. EXT.P4: COPY OF THE PETITION DATED 01/07/2011 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P4(a): COPY OF THE PETITION DATED 02/07/2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 19987 of 2011 --------------------------------- Dated this the 29th day of July, 2011 JUDGMENT Pius C.Kuriakose,J. In this writ petition under Article 226 of the Constitution the petitioner has approached this court seeking protection for his life from the threats of party respondents and protection for the completion of the construction of a building in terms of Exts.P2 and P3 issued by the Local Panchayat. As directed by us, Smt. Charisma, learned Government Pleader got instructions from the concerned respondent and she submitted that Ext.P4 complaint submitted by the petitioner was duly enquired into and the enquiry report reveals that at present there is no law and order situation. In answer to our specific query as to whether there is any obstruction in the matter of carrying out the construction of the building on the strength of Exts.P2 and P3, learned Government Pleader submitted that specific instruction in that regard has not been obtained. Prima facie it appears to us that Exts.P2 and P3 permits are valid. Learned counsel for the WP(C) 19987/2011 2 petitioner submitted that the petitioner's property is very extensive and the petitioner is intending to construct the building leaving considerable set back from the road margin . In view of the above circumstances we are inclined to dispose of the writ petition directing the 3rd respondent to afford protection to the petitioner for constructing the building on the strength of Exts.P2 and P3, if Exts.P2 and P3 are in currency and are valid according to the Panchayat. If any of the party respondents create obstruction in the matter of construction, the Sub Inspector of Police will necessary enquiries and afford protection in the light of what we have stated above. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) 19987/2011 3