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 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23376 of 2011(V) -------------------------------- PETITIONER(S): ------------------ JAYAKRISHNAN V.G., S/O.GOPALAKRISHNAN NAIR, AGED 41 YEARS, VALIAZHIYAM, KANJIYAVELI P.O., KOLLAM. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): ------------------- 1. THE CIRCLE INSPECTOR OF POLICE, PARAVOOR CIRCLE, KOLLAM- 691 101. 2. THE SUB INSPECTOR OF POLICE, PARIPALLY POLICE STATION, KOLLAM-691 101. 3. THE DISTRICT OFFICER, O/O.THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, KOLLAM-691 101. 4. THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM- 691101. 5. AJITHA.M., WARD MEMBER, VARINJAM, P.O.KALLUVATHUKKAL, KOLLAM- 691 578. 6. T.THANKARAJAN, CHARUVILA PUTHEN VEEDU, P.O.ADUTHALA, KOLLAM-691 307. 7. P.ANIL KUMAR, SAKUNTHALA MANDIRAM, P.O.ADUTHALA, KOLLAM- 691 307. WP(C).No. 23376 of 2011(V) -2- 8. KAVITHA, PRIYALAYAM, VENKUNNU, P.O.ADUTHALA, KOLLAM-691 307. 9. GIRIJA, CHARUVILA VEEDU, P.O.ADUTHALA, KOLLAM-691 307. 10. JAYA, CHARUVILA VEEDU, VENKUNNU, P.O.ADUTHALA, KOLLAM-691307. GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23376 of 2011(V) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE SKETCH SHOWING THE LIE OF THE INSTITUTE AT THE PREMISES. EXT.P2:- TRUE COPY OF THE TABULAR FORM SHOWING THE SPLIT UP DETAILS OF THE STUDENTS DISTRICT-WISE. EXT.P3:- TRUE COPY OF THE COMMUNICATION FROM THE 3RD RESPONDENT TO THEPETITIONER DT.22/07/11. EXT.P4:- TRUE COPY OF THE FEASIBILITY REPORT SUBMITTED BY THE 3RD RESPONDENT DT.15/07/11. EXT.P5:- REQUEST MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT ON 16/07/11. EXT.P6:- LETTER FROM THE PETITIONER TO THE 4TH RESPONDENT DT.06/08/11. EXT.P7:- REQUEST MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 17/08/11. EXT.P8:- RECEIPTS EVIDENCING RECEIPT OF REQUESTS MADE BEFORE RESPONDENTS 1 & 2 AND ALSO THE ASST. COMMISSIONER OF POLICE. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23376 of 2011 ------------------------------------------------ Dated this the 2nd day of September, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition has been filed by the petitioner seeking police protection for the construction of a bore well in the campus of Institute for Career Development conducted by the petitioner at Aduthala in Kollam district. According to the petitioner, the 3rd respondent who is the District Officer of the Groundwater Department has conducted requisite surveys and inspections and has given feasibility report in respect of the proposed bore well construction as Ext.P4. It is claimed that the construction will be strictly in accordance with Ext.P4 and will be done by the workers engaged by the 3rd respondent only. The allegation is that the party respondents will be obstructing the construction complaining that water scarcity problem will result in the locality in case the bore well is constructed. W. P. C. No.23376 of 2011 -2- 2. Even though notice was served on all the party respondents by special messenger none of them have turned up before this Court to deny the averments of the petitioner. The averments thus stands established by non traverse. We do not find any reason why the reliefs sought for should not be granted. Hence, we allow this Writ Petition and direct respondents 1 and 2 to afford sufficient and timely protection for the construction of a bore well in the campus of Institute for Career Development at Aduthala P.O. Kollam by the workers engaged by the 3rd respondent strictly in accordance with Ext.P4, in case there is obstruction to the same by the party respondents or by anybody else. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.23376 of 2011 -3-