IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 WP(C).No. 14297 of 2008(B) ---------------------------------- PETITIONER: ----------------- MALABAR BUILDERS INDIA LTD., D4, 3RD FLOOR, MLABAR GATE, RAM MOHAN ROAD, CALICUT - 673 004, REPRESENTED BY ITS DIRECTOR NAZEER HUSSAIN. BY ADV. SRI.ANIL THOMAS(T) SMT.K.V.RESHMI RESPONDENTS: --------------------- 1. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE. 2. THE ASST. COMMISSIONER OF POLICE, NORTH ZONE, KOZHIKODE. 3. PRATHAP KUMAR, COUNSELLOR, KOZHIKODE CORPORATION. 4. K.T.SUSHAJ, MEMBER, CPI(M) LOCAL COMMITTEE OFFICE, KOTTOOLI, KOZHIKODE. 5. UDAYAKUMAR, MEMBER, CPI(M) LOCAL COMMITTEE OFFICE, KOTTOOLI, KOZHIKODE. 6. P.BABU, WORKER, CPI(M) LOCAL COMMITTEE OFFICE, KOTTOOLI, KOZHIKODE. 7. CPI(M) LOCAL COMMITTEE, REPRESENTED BY ITS SECRETARY, KOTTOOLI, KOZHIKODE DISTRICT. BY GOVT.PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO.14297 OF 2008 PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF DEVELOPMENT PERMIT ISSUED BY THE TOWN PLANNER, KOZHIKODE CORPORATION DATED 6.1.2007, NO.E8/3945/2007. EXHIBIT P2: COPY OF THE PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 1.3.2008. EXHIBIT P3: COPY OF PETITION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 1.3.2008. EXHIBIT P4: COPY OF RECEIPTS AND ACKNOWLEDGE CARD RECEIVED FROM THE OFFICE OF THE RESPONDENT NOS.1 AND 2. EXHIBIT P5: COPY OF PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 1.5.2008. EXHIBIT P6: COPY OF FIR IN CR.NO.210/08 REGISTERED BY THE 1ST RESPONDENT DATED 1.5.2008. /TRUE COPY/ PA TO JUDGE K.BALAKRISHNAN NAIR & K.HEMA,JJ. ----------------------------------------- W.P(C).No.14297 OF 2008 ----------------------------------------- Dated this the 22nd day of May, 2008 JUDGMENT Balakrishnan Nair, J. The petitioner is a builder. It owns about 12 acres of land in Kottooli Village within the limits of Kozhikode Corporation. It has obtained Exhibit P1 development permit for developing the said land. When the work started in the field, persons in the neighbourhood, under the leadership of respondents 3 to 7, started causing obstruction. The petitioner moved the police seeking protection. But, no help was forthcoming from them. Therefore, this Writ Petition is filed seeking appropriate reliefs. 2. The police do not have a duty to peruse the documents and permits obtained by the petitioner, to render a finding that the petitioner has got a right to develop the land and the neighbours have no right to obstruct them and thereafter render protection. In this jurisdiction, we are concerned about the failure of the duty of the police. Further, we are not justified in undertaking the exercise of rendering a finding of the right of the petitioner and based on that, issuing a direction to the police. If the party respondents are WP(C).14297/08 2 causing obstruction, the remedy of the petitioner lies before the competent civil court. Accordingly, the Writ Petition is dismissed, without prejudice to the contentions of the petitioner and its right to move the competent civil court for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE K.HEMA, JUDGE vgs.