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 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 33411 of 2010(B) ----------------------------------------------- PETITIONER(S): --------------------- ISAC JOHN COTTADIYIL, MANAGING DIRECTOR, COTTADIYIL HOTELS & RESORTS PVT.LTD., CHEEPPUNKAL, KUMARAKOM, KOTTAYAM DISTRICT, REP. BY POWER OF ATTORNEY HOLDER SATHEESH BABU, KANJIRATHINKAL, THIRUVATHUKKAL P.O., KOTTAYAM - 686 003. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS SRI.ASISH K.JOHN RESPONDENT(S): ----------------------- 1. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM P.O., KOTTAYAM - 686 001. 2. SASIDHARAN, BRANCH SECRETARY, COMMUNIST PARTY OF INDIA (MARXIST), CHEEPPUNKAL BRANCH, KUMARAKOM P.O., PIN - 686 563. 3. MANMADAN, CONVENOR, C.I.T.U., VIRUPPUKALA, KUMARAKOM P.O., KUMARAKOM - 686 563. R1 BY GOVERNMENT PLEADER SMT. C.M. CHARISHMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.33411 OF 2010 B PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF SALE DEED NO.1601/2010 OF THE KOTTAYAM SUB REGISTRY. EXT.P2 TRUE COPY OF THE SALE DEED NO.1619/2010 OF THE KOTTAYAM SUB REGISTRY. EXT.P3 TRUE COPY OF AGREEMENT DATED 19.10.2010. EXT.P4 TRUE COPY OF COMPLAINT DATED 21.10.2010 SUBMITTED BY PETITIONER BEFORE 1ST RESPONDENT. EXT.P5 TRUE COPY OF THE RECEIPT DATED 21.10.2010 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 33411 OF 2010 B ------------------------------------------ Dated this the 3rd December, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following relief: "Issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to grant sufficient and adequate police protection to the petitioner against respondents 2 and 3 and their members for carrying out the development and construction work in Re.Sy. Nos.69/13/1, 63/7 and 63/8/2 of Aymanam Village, Kottayam Taluk." 2. Briefly put, the case of the petitioner is as follows: Petitioner is the Managing Director of a Company engaged in developing and running heritage tourist resorts. The Company purchased fifty cents of garden land. The Company also entered WP(C).NO.33411/2010 B 2 into an agreement for purchasing thirteen cents of garden land. The lands are lying continguously. Since the land required levelling and developing, petitioner entrusted a contractor to do the levelling work. The contractor commenced the work by bringing ordinary earth in tipper lorry and unloading the same in various spots and thereafter JCB is used to level the earth. Respondents 2 and 3 obstructed the work. 3. Though served, there is no appearance for respondents 2 and 3. We heard the learned counsel for the petitioner and the learned Government Pleader. 4. We have already passed an interim order dated 12.11.2010. In the circumstances, we dispose of the Writ Petition directing that if there is obstruction to the levelling work of the property in question in RS. Nos.69/13/1, 63/7 and 63/8/2 of Aymanam Village, Kottayam Taluk by using mechanical devices, by respondents 2 and 3 and their members, and if a complaint is given to the first respondent, the first respondent will look into it WP(C).NO.33411/2010 B 3 and if the complaint is found to be genuine, he will give protection to the petitioner as and when required, for carrying out the levelling work of the aforesaid property by mechanical devices, as against respondents 2 and 3 and their members. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True Copy// PS to Judge