IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 10188 of 2009(P) -------------------------- PETITIONER(S): --------------- K.V.SOMASUNDARAN NAIR, S/O.VELAYUDHAN NAIR, "SOPANAM", MATHILBHAGOM, THIRUVALLA. BY ADV. SRI.M.V.S.NAMPOOTHIRY RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. THE DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA. 3. THE SUB INSPECTOR OF POLICE, THIRUVALLA. 4. C.N.RAJESH, CHITHIRA HOUSE, KIZHAKKUMMURI, THIRUVALLA. ADV. SRI.T.P.PRADEEP FOR R4 GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.10188 OF 2009 PETITIONER'S EXHIBITS: Ext.P1: True copy of the sale deed No.3101/07 relating to the property of the petitioner. Ext.P2: True copy of the Building Permit issued by the Thiruvalla Municipality to the petitioner. Ext.P3: True copy of the complaint filed by the petitioner before the 3rd respondent. Ext.P4: True copy of the complaint filed by the petitioner before the 3rd respondent. RESPONDENTS'S EXHIBITS: Ext.R4(a): True copy of complaint preferred to RDO. Ext.R4(b): True copy of the order of the Village Officer, Kavumbhagom Village, dated 30.03.2009. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 10188 OF 2009 --------------------------------------------- Dated this the 24th day of September, 2009 JUDGMENT Kurian Joseph, J. The petitioner approached this Court seeking police protection for the construction of a residential building. On 28.8.2009, this Court passed an interim order in this regard. Learned counsel appearing for the 4th respondent submits that the petitioner is unauthorizedly filling up paddy land. The 4th respondent has filed a counter affidavit stating that he along with others, have pursued the matter before the Revenue Divisional Officer, Thiruvalla. 2. It is for the 4th respondent to pursue the matter before the said authority. So long as there is no interdiction in the matter of construction of the building, in case the building is constructed as per the permit issued by the local authority, there cannot be any obstruction. Therefore, without prejudice to the right of the 4th respondent to W.P.(C) NO. 10188/2009 2 pursue the matter before the concerned authority, the Writ Petition, is disposed of in terms of the interim order referred to above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 10188/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.10188/2009 JUDGMENT 24th September, 2009 W.P.(C) NO. 10188/2009 4