IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 12273 of 2010(H) ---------------------------------- PETITIONER(S): ------------------- CHACHAPPAN.J, VATTACHIRAYIL HOUSE, MITHRAKARY.P.O, MITHRAKARY - 680 598, ALAPPUZHA DISTRICT. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME,THIRUVANANTHAPURAM 2. CIRCLE INSPECTOR OF POLICE, PULIMKUNNU POLICE STATION. 3. SHAJI, KANNAM MALIN, MITHRAKARY.P.O, MITHRAKARY-689 598.ALAPPUZHA DISTRICT. 4. JAMES, KANNAM MALIN,MITHRAKARY.P.O, MITHRAKARY-689 598.ALAPPUZHA DISTRICT. 5. RAJESH, MITHRAMADOM COLONY,WARD NO.12, MITHRAKARY.P.O, MITHRAKARY-689 598.ALAPPUZHA DISTRICT. 6. MONY, S/O. APPACHAN, ENPATHETTIL, WARD NO.12, MITHRAKARY.P.O, MITHRAKARY-689 598,ALAPPUZHA DISTRICT. R1 & R2 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 12273/2010(H) APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE DISABILITY CERTIFICATE ISSUED BY DR. P.SYAM, ORTHOPEADIC SURGEON, MEDICAL COLLEGE HOSPITAL DATED 18/03/1993. P2: COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 25/03/2010 RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.12273 of 2010-H ***************************** Dated this the 9th day of March, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of directions to respondent No.2 to afford police protection to the petitioner for the construction of a residential building. 2. According to the petitioner, he is a person with physical disability. He is constructing a house for his own occupation. Respondents 3 to 6 are raising illegal obstructions. They want part of the work relating to the construction to be given to them. The petitioner is not willing for the same. It is, in these circumstances, that respondents 3 to 6 raise untenable objections. The petitioner, in these circumstances, prayed that police protection may be granted. 3. Respondents were served. But there was no appearance for the respondents. In these circumstances, the Bench on 16.04.2010 granted the following interim order to the petitioner: “There will be an interim order directing the 2nd respondent to take immediate action to W.P(C) No.12273 of 2010-H provide adequate, effective and meaningful protection for the life of the petitioner, his workers and his family members from respondents 3 to 6 and their men to carry out the construction work of his house situated at Mithrakkari in Alappuzha district.” That order passed on 16.04.2010 remains in force even now. The party respondents 3 to 6, though served, have not chosen to enter appearance. 4. The learned Government Pleader submits that adequate police protection has been granted in accordance with directions issued on 16.04.2010. The learned counsel for the petitioner submits that this petition may, in these circumstances, be allowed making the interim order absolute 5. In the total absence of objection from respondents 3 to 6 and in the light of the stand taken by the learned Government Pleader, we are satisfied that the prayer of the petitioner can be accepted. In the result: a) This Writ Petition is allowed; W.P(C) No.12273 of 2010-H b) The interim order dated 16.04.2010 extracted above is made absolute. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/