IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 37125 of 2010(M) ----------------------------------------------- PETITIONER(S): -------------------- SHIBU.B., S/O.M.BALAN PILLAI, LAVANYA, MALAYALI SABHA NAGAR, HOUSE NO.154, OLAYIL, KOLLAM WEST VILLAGE, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): ----------------------- 1. THE SUPERINTENDENT OF POLICE, POLICE HEADQUARTERS, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM WEST, CUTCHERY.P.O., KOLLAM-691 013. 3. THE SUB INSPECTOR OF POLICE, KOLLAM WEST POLICE STATION, CUTCHERY.P.O., KOLLAM. PIN-691 013. 4. THE ASSISTANT LABOUR OFFICER, IST CIRCLE, CIVIL STATION, CUTCHERY.P.O., KOLLAM. PIN-691 013. 5. SRI.KUNJUMON, SECRETARY, CHUMATTUTHOZHILALI UNION, C.I.T.U., ANCHUKALLUMMOODU, THIRUMULLAVARAM.P.O., KOLLAM-691 012. 6. SRI.NOUFAL, SECRETARY, CHUMATTUTHOZHILALI UNION, I.N.T.U.C., ANCHUKALLUMMOODU, THIRUMULLAVARAM.P.O., KOLLAM-691 012. W.P.(C).NO.37125 OF 2010 M 7. SRI.MAHESH, SECRETARY, CHUMATTUTHOZHILALI UNION, B.M.S., ANCHUKALLUMMOODU, THIRUMULLAVARAM.P.O., KOLLAM-691 012. R1 TO R4 BY GOVERNMENT PLEADER SMT. C.M. CHARISHMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.37125 OF 2010 M PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE TAX RECEIPT IN RESPECT OF THE PROPERTY FOR THE YEAR 2010-2011 ISSUED FROM THE VILLAGE OFFICER, KOLLAM WEST VILLAGE. EXT.P2 TRUE COPY OF THE BUILDING PERMIT NO.TP/SZ/BR/258/2010-11 DATED 14.09.2010 ISSUED BY THE SECRETARY, KOLLAM CORPORATION IN FAVOUR OF THE PETITIONER AND HIS WIFE. EXT.P3 TRUE COPY OF THE APPLICATION DATED 30.08.2010 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P4 TRUE COPY OF THE CONCILIATION NOTICE DATED 06.09.2010 ISSUED BY THE FOURTH RESPONDENT. EXT.P5 TRUE COPY OF THE COMPLAINT DATED 07.09.2010 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P6 TRUE COPY OF THE RECEIPT NO.469/2010-PIN. DATED 07.09.2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 37125 OF 2010 M ------------------------------------------ Dated this the 17th December, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: "i. Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents 1 to 3 to afford adequate and effective police protection for life and property of the petitioner and his workers for loading, unloading and construction works of the petitioner's house situated in Sy.No.35/3 and 36 of Kollam West Village without any obstruction or hindrance from workers of respondents 5 to 7 and their henchmen or anybody. ii. Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents 1 to 3 to afford adequate and effective police protection for WP(C).37125/2010M 2 life and property of the petitioner and his workers for loading, unloading and construction works of the petitioner's house situated in Sy.No.35/3 and 36 of Kollam West Village and restrain the workers of respondents 5 to 7 and their henchment or anybody from causing any obstruction or hindrance to the ingress and egress of the construction works of the petitioner's house. iii. Declare that the petitioner and his workers are entitled to get police protection for life and property for loading, unloading and construction works of the petitioner's house situated in Sy.No.35/3 and 36 of Kollam West Village without any obstruction or hindrance from workers of respondents 5 to 7 and their henchmen or anybody." 2. We have already passed an interim order dated 13.12.2010. Though served, there is no appearance for respondents 5 to 7. Learned Government Pleader also would WP(C).37125/2010M 3 submit that the building is a residential building. In such circumstances, we dispose of the Writ Petition by making the interim order absolute. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True Copy// PS to Judge