IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 18988 of 2008(I) -------------------------- PETITIONER: ------------ VIJAYAN.K.K, S/O.LATE KRISHNAN, AGED 62 YEARS, RAJ BHAVAN, MURINJAKAL P.O, KOODAL VILLAGE, ADOOR-689693. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA. 2. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, KERALA STATE TRANSPORT PROJECT DIVISION, PONKUNNAM, KANJIRAPPALLY P.O.-686607. 4. KALANJOOR GRAMA PANCHAYAT, KALANJOOR PO, PATHANAMTHITTA DISTRICT. REPRESENTED BY ITS SECRETARY. 5. SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, KOODAL, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.18988/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE PATTA ISSUED IN FAVOUR OF THE PETITIONER. EXT.P2: COPY OF THE NOTICE DT.01.08.2006 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE VALUATION CERTIFICATE ISSUED BY THE 3RD RESPONDENT. EXT.P3(a): COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER. EXT.P4: COPY OF THE PHOTOGRAPHS SHOWING THE WORK DONE. EXT.P5: COPY OF THE STOP MEMO DT.11.02.2008. EXT.P6: COPY OF THE EXPLANATION DT.07.03.2008 SUBMITTED BY THE PETITIONER. EXT.P7: COPY OF THE WITHDRAWAL ORDER DT.24.05.2008. EXT.P8: COPY OF THE COMPLAINT DT.16.3.2008 SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P9: COPY OF THE REPRESENTATION DT.14.06.2008. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ------------------------------------- W.P.(C) No.18988 OF 2008 -------------------------------------- Dated this the 23rd day of July, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is the owner of a building by the side of Punalur-Thodupuzha Highway. A portion of that building was acquired for widening that highway. The petitioner was permitted to strengthen the remaining portion of the building, so that he can continue to use it. But, when he attempted to do that, the Panchayat issued Ext.P5 stop memo. The petitioner filed Ext.P6 reply. Thereupon, the Panchayat allowed the petitioner to continue the strengthening of his building as evident from Ext.P7 communication issued by the Panchayat on 24.5.2008. While, the petitioner attempted strengthening the building, the 5th respondent, Sub Inspector of Police, interfered and restrained him from proceeding with the work. Aggrieved by the said action of the police, this writ petition is filed. W.P.(C) No.18988/2008 2 2. The learned Government Pleader, upon instructions, submitted that the police have no intention to harass the petitioner. The police only advised the petitioner to do the construction in consultation with the Building Inspector, it is submitted. 3. Having regard to the nature of the dispute involved in this case, we feel that police have no role to play unless they are directed by the Panchayat. But, under the guise of the strengthening the building, the petitioner cannot make any addition to or expansion of the building. The police shall interfere with the construction, if only, they are so directed by the Panchayat. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (K.T.SANKARAN, JUDGE) ps