IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 19030 of 2011(C) ----------------------------------------- PETITIONER(S): ------------------------- SHANIL,S/O.SADANANDAN,AGED 36 YEARS, THODIYIL VEEDU,VALATHUNGAL P.O, KOLLAM. BY ADV. SRI.V.K.SANTHOSH KUMAR SRI.AJAYA KUMAR. G RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY SECRETARY HOME DEPARTMENT,THIRUVANANTHAPURAM ,PIN 695 001. 2. COMMISSIONER OF POLICE,KOLLAM CITY, PIN 691001. 3. SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION, KOLLAM,PIN 691 004. 4. SUNIL KRISHNA,S.I. OF POLICE, S/O.BALAKRISHNAN,PULIMOOTTIL HOUSE, SASTHA NAGAR,KILIKOLLOOR, KOLLAM.PIN-691 004 5. MUHAMMED RAFI,AGED 40 YEARS, PARAPADI THEKETHIL ,SASTHA NAGAR,MANGALASSERY, KOIKKAL,KOLLAM,PIN 691 004. 6. NAZAR,AGED 40 YEARS, KOIKALVAGAL,SASTHA NAGAR,MANGALASSERY, KOIKKAL, KOLLAM,PIN 691 004. 7. NOUSHAD,AGED 46 YEARS,S/O.KOCHUKUNJU, KUNNEL,SASTHA NAGAR,MANGALASSERY, KOIKKAL, KOLLAM,PIN 691 004. R1 TO R3 BY GOVERNMENT PLEADER SMT.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19030/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BUILDING PERMISSION ISSUED BY THE CORPORATION OF KOLLAM DATED 24/11/2007. P2 COPY OF THE COMPLAINT FILEDBY PETITIONER BEFORE THE 2ND RESPONDENT. P3 COPY OF THE RECEIPT DATED 11/07/2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.19030 of 2011 ------------------------------- Dated this the 18th day of July, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. This writ petition has been filed by the petitioner, a builder, who has obtained permit from Kollam Corporation, the local authority, for the construction of a multi-storied residential apartment under the name 'Thathwamasi Apartments', complaining that he is being obstructed by the party respondents from completing the construction. According to him, the construction is to proceed in a time- bound basis, lest, he should not be able to complete the construction and deliver the promised flats to the allottees on the promised date. He filed this writ petition seeking police protection to the life of his workers and to his own life and also to his properties, so that the construction can be proceeded without obstruction. Eventhough the party respondents have been served with notice by special 2 W.P.(C) No.19030 of 2011 messenger, they have not entered appearance before this Court or insist the writ petition. As directed by us, learned Government Pleader has taken instructions from the 2nd respondent Commissioner of Police, Kollam. Smt.Charisma, learned Government Pleader on the basis of instructions from the 2nd respondent submitted before us that the complaint submitted by the petitioner was forwarded to the Asst.Commissioner of Police. The complaint contained allegations not only against the party respondents but also against a Sub Inspector by name Mr.Sunil Krishna, who is a resident of the neighbourhood of the construction site. The complaint was enquired into through the Assistant Commissioner, who summoned both the parties. The party respondents complained that on account of the construction of flats by the petitioner, there will be environmental problems and scarcity of water. The party respondents also raised allegations that the petitioner is part of 'sand mafia' operating in the locality. As regards Mr. Sunil Krishna, Sub 3 W.P.(C) No.19030 of 2011 Inspector, against whom allegations are levelled in the complaint submitted by the petitioner, the learned Government Pleader submitted that on being questioned Sri.Sunil Krishna stated that he also experience the scarcity of drinking water in the area where he is a resident. He also stated that a peoples' committee by name 'Mangalasseri Paura samithi' has been formed by the natives of the locality who are affected by construction of flats by the petitioner. But according to Sri.Sunil Krishna, he has no direct or indirect involvement in the activities of the 'samithi' and he is not at all interested in obstructing the construction of the apartments by the petitioner. 2. The learned Government Pleader submitted further that as instructed by the Commissioner of Police, the 2nd respondent, the Asst. Commissioner conducted a personal enquiry in the matter. In the personal enquiry it was revealed that on 9.7.2011 at 4 p.m. a phone call was received from the petitioner complaining that he is being 4 W.P.(C) No.19030 of 2011 obstructed by respondents 5, 6 and 7. On receiving the phone call the police rushed to the spot and on noticing the police party respondents 5, 6 and 7 also came to the spot. The Asst. Commissioner strongly warned respondents 5 to 7 against taking law into their hands. They have been directed to approach appropriate legal fora if they are having any genuine grievances. According to learned Government Pleader, at the moment there is no law and order issue existing on the construction site, but there is a silent conflict between the petitioner and respondents 4 to 7. Learned Government Pleader submitted that if any law and order situation arise on the construction site, the police will act in accordance with law and will provide adequate protection to the life and property of the petitioner. 3. Mr.Santhoshkumar V.K., learned counsel for the petitioner had reiterated the allegations in the writ petition including the allegations directed against the 4th respondent Sub Inspector. According to him, it is due to the support 5 W.P.(C) No.19030 of 2011 given by the 4th respondent, that respondents 5, 6 and 7 are obstructing the construction of the flats. Unless the petitioner is permitted to construct the flats immediately, he will be in difficulty as he is accountable to the persons who are invested in the project to purchase the flats. 4. Having considered the rival submissions addressed at Bar, particularly the submission of learned Government Pleader based on the instruction received from Commissioner of police, we are of the view that this writ petition can be disposed of issuing the following directions :- 1. If there is any obstruction from respondents 5 to 7 or anybody else acting under them under the banner of 'Mangalasseri Paura samithi' or otherwise, the 3rd respondent shall render adequate and effective protection to the petitioner in the matter of carrying out the construction of the 6 W.P.(C) No.19030 of 2011 residential apartments. 2. If respondents 4 to 7 are having any grievances including grievances related to water scarcity or other environmental issues, they are permitted to seek redressal for those grievances by recourse to appropriate legal remedies. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/