IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 22472 of 2009(D) -------------------------- PETITIONER(S): --------------- APPLE A DAY PROPERTIES PRIVATE LIMITED, APPLE TOWER, PALARIVATTOM - EDAPALLY BYE-PASS ROAD, EDAPPALLY (P.O), KOCHI-682 024, ERNAKULAM DISTRICT REPRESENTED BY K.A.SAJU, MANAGING DIRECTOR. BY ADV. SRI.G.SHRIKUMAR SRI.SREEJITH S.NAIR SRI.JOJO GEORGE SRI.NIDHI SAM JOHNS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. CIRCLE INSPECTOR OF POLICE, KALAMASSERY. 4. THE SUB INSPECTOR OF POLICE, THRIKKAKARA. 5. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, THRIKKAKARA. 6. THE EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT ROAD DIVISION, ERNAKULAM. 7. SUNEER.K.K., VAZHAKKALAYIL HOUSE, THRIKKAKARA (P.O), ERNAKULAM DISTRICT. 8. SHAJI P.S., PARAYANTHAZHATHU HOUSE, B.M.C. (PO), ERNAKULAM DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R5 SRI.S.JAMAL FOR R8 SRI.E.M.SUNIL KUMAR FOR R8 SRI.BIMAL K.NATH FOR R8 SRI.SREEVALSAN.V FOR R8 GOVT.PLEADER SRI.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.22472/2009 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE RECEIPT NO.55571301090631 DT. 13.1.2009 ISSUED FROM THE ELECTRICAL SECTION, THRIKKAKARA. EXT.P2 : TRUE COPY OF THE COMPLAINT DT. 13.2.2009 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P3 : TRUE COPY OF THE APPLICATION DT. 16.2.2009 SUBMITTED BY THE PETITIONER TO THE ASSISTANT EXECUTIVE ENGINEER, PWD ROAD DIVISION, ERNAKULAM. EXT.P4 : TRUE COPY OF THE APPLICATION DT. 31.3.2009 SUBMITTED BY THE PETITIONER TO THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, ERNAKULAM. EXT.P5 : TRUE COPY OF THE AGREEMENT NO.MIS/03/EE/09-10 DT. 22.4.2009 EXECUTED BETWEEN THE PETITIONER AND THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ERNAKULAM. EXT.P6 : TRUE COPY OF ORDER NO.A7/948/09 DT. 23.4.2009 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ERNAKULAM. EXT.P7 : TRUE COPY OF THE COMPLAINT DT. 22.4.2009 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P8 : TRUE COPY OF THE LETTER DT. 31.3.2009 SENT BY THE ASSISTANT ENGINEER TO THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, ERNAKULAM. EXT.P9 : TRUE COPY OF THE AGREEMENT NO.6/EE/09-10 DT. 6.5.2009 EXECUTED BETWEEN THE PETITIONER AND THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ERNAKULAM. EXT.P10 : TRUE COPY OF ORDER NO.A7/1109/09 DT. 6.5.2009 ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ERNAKULAM. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.22472 of 2009 ----------------------------------------- Dated this the 12th day of August, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- i) issue a writ of mandamus or other appropriate order or direction directing respondents 3 and 4 to give adequate police protection to the petitioner for carrying out the work of shifting the transformer installed in front of the apartment complex named “Apple Heights” in Re-Survey No.49/1 in Block No.9 in Vazhakkala village sideways and also to cover the drainage in front of the same, free of obstruction, threat and nuisance from anybody including respondents 7 and 8 and their men. The main apprehension of respondents 7 and 8 is that in the process of the shifting of the transformer the petitioner might block the drainage. Learned counsel for the petitioner submits that they have no intention to close the drainage. It is made clear that the work shall be executed only in the presence of the 5th and 6th respondents/their duly authorised representatives, so that no obstruction or damage is caused to the drainage. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.22472 of 2009 ---------------------------- JUDGMENT 12th August, 2009