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 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 17825 of 2011(C) -------------------------------------- PETITIONER: ------------------- SUBAIDA,AGED 39 YEARS, W/O.IFTHIKAR,SWAPNA MANZIL, CHANGAMPUZHA NAGAR P.O, SOUTH KALAMASSERY. BY ADV. SRI.N.K.MOHANLAL. RESPONDENTS: ------------------------ 1. CIRCLE INSPECTOR OF POLICE, ALUVA- 683 106. 2. THE SUB INSPECTOR OF POLICE, ALUVA - 683 106. R1 & R2 BY GOVT. PLEADER SRI. T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17825/2011-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE TAX PAID RECEIPT DTD. 09/06/2011. EXT.P.2: COPY OF THE PETITION DTD. 10/06/2011 BEFORE POLICE. EXT.P.3: COPY OF THE COMPLAINT DTD. 28/06/2011 BEFORE SUB INSPECTOR OF POLICE. EXT.P.4: COPY OF THE LETTER FROM AGRICULTURAL OFFICER DTD. 18/06/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.17825 of 2011 ------------------------------- Dated this the 8th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This writ petition is filed by a lady seeking police protection to her and her workers for filling up soil on and levelling of property in Re.Sy.No.482/2/2 of Aluva West Village having an extent of 7.40 ares. According to the petitioner, she is not a local person and is not in a position to identify the persons who are causing obstructions. Learned Government Pleader on instructions submitted that, as it is clear from Ext.P4 that, the petitioner's property is not included in the data bank prepared under the provisions of the Kerala Conservation of Paddy and Wet Lands Act 2008. According to learned Government Pleader, as such there is no obstruction and the petitioner is only anticipating obstructions. According to learned Government Pleader, if there is actual obstruction by anybody when the petitioner 2 W.P.(C) No.17825 of 2011 takes up the work, the police will not hesitate to take action if the police is informed about the same. The learned counsel for the petitioner Mr.N.K.Mohanlal submitted that, there is obstruction even now but the petitioner is not in a position to identify the obstructors. He therefore requested that a direction be issued to the police to grant police protection without naming the obstructors. We do not think that, this Court will be justified in granting relief sought for in the writ petition without naming the alleged obstructors. We dispose of this writ petition considering the submissions of the learned Government Pleader by issuing the following reliefs :- If the petitioner or her workers are obstructed by anybody when they take up the filling up works, and if information regarding such obstruction is given to the 1st respondent, C.I. of police, the 1st respondent will take immediate action as is warranted in the circumstances of the case, so that the 3 W.P.(C) No.17825 of 2011 petitioner is able to complete the work, which is said to be necessary for preventing water logging on to her property which is intended to be used as a house plot. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/