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 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 20445 of 2011(E) -------------------------------- PETITIONER(S): ----------------- SUNIL PHILIP, PUTHENVEETTIL, CHEPPAD, CHEPPAD P.O., PIN-690507, ALAPPUZHA DISTRICT. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN SRI.ARUN THOMAS SRI.JENNIS STEPHEN RESPONDENT(S): ------------------- 1. THE SUB INSPECTOR OF POLICE, OFFICE OF THE SUB INSPECTOR OF POLICE, CHERTHALA POLICE STATION, CHERTHALA, PIN-688586 2. MANMATHAN S., PUTHEN NIKARTHIL, KALAVAMKODAM P.O., CHERTHALA,PIN-688586 3. ULLAS, S/O.DAMODARAN, THULAKKATTU PADAM, KALAVAMKODAM P.O., CHERTHALA, PIN-688586 4. ANILKUMAR K.R., S/O.REGHUVARAN, KUNNITHARA NIKARTH, KALAVAMKODAM P.O., CHERTHALA, PIN-688586 5. SHAJI, S/O.RAGHAVAN, KOLLAMKARA, KALAVAMKODAM P.O., CHERTHALA, PIN-688586 WP(C).No. 20445 of 2011(E) 6. THE VAYALAR GRAMA PANCHAYAT, VAYALAR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN-688586. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR R6 SMT.N.SANTHA FOR R6 SRI.PETER JOSE CHRISTO FOR R6 SRI.S.A.ANAND FOR R6 GOVT. PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20445 of 2011(E) APPENDIX PETITIONER'S EXTS EXT.P1:- PHOTOCOPY OF THE SAID BUILDING PERMIT DATED 9TH APRIL, 10 ISSUED IN FAVOUR OF BISHOP MOORE VIDHYAPITH, CHERTHALA. EXT.P2:- PHOTOCOPY OF THE AGREEMENT DATED 01/02/11 EXECUTED BETWEEN THE PETITIONER AND THE BISHOP MOORE VIDHYAPITH, CHERTHALA EXT.P3:- PHOTOCOPY OF THE RECEIPT DATED 23/06/11 ISSUED BY THE FIRST RESPONDENT SHOWING ACCEPTANCE OF REPRESENTATION. EXT.P4:- TRUE COPY OF THE REPRESENTATION AND RECEIPT DATED 15/07/11 //TRUE COPY/ P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.20445 of 2011 ------------------------------------------------ Dated this the 5th day of August, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner, a construction contractor, who has got a contract for the construction of a school at Cherthala for Bishop Moore Vidhyapith, has approached this Court complaining that he is being obstructed by respondents 2 to 5 in carrying out the construction. According to the petitioner, Ext.P1 is the building permit duly issued by the 6th respondent in his favour for the proposed construction and the construction is to be carried out in terms of Ext.P1. Ext.P2 is the agreement executed between the school management and the petitioner regarding the work. Even though notice was served on respondents 2 to 5 by special messenger they have not turned up before this Court for W. P. C. No.20445 of 2011 -2- resisting the averments and the prayers in this Writ Petition. Sri.Santhosh Mathew, the learned counsel for the petitioner submitted that had it not been for the exorbitant wages demanded by the party respondents, the petitioner would have willingly engaged them in the construction work. Sri.S.P.Aravindakshan Pillai, the learned counsel for the 6th respondent/Panchayat submitted that Ext.P1 building permit is in currency. 2. All the averments in the Writ Petition stand established by non-traverse. We do not find any justifiable ground on which the respondents 2 to 5 can insist that they should be engaged by the petitioner in the construction work and that too on their terms. The Writ Petition will stand allowed. We direct the first respondent to provide effective and adequate police protection to the petitioner's work for constructing the school building on the basis of Ext.P2 agreement without any obstruction from respondents 2 to 5 W. P. C. No.20445 of 2011 -3- and persons acting under them. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-