IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 14696 of 2011(J) ------------------------------- PETITIONER(S): ----------------- T.T.KURUVILA, S/O.T.K.THOMAS VAIDHYAN, THOTTATHIL HOUSE, VAZHICHERI, ALAPPUZHA WEST, ALAPPUZHA DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): -------------------- 1. THE CITY COMMISSIONER OF POLICE, KOZHIKKODE, PIN - 673 301. 2. THE SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, KOZHIKKODE DISTRICT, PIN - 673 631. 3. P.M.FAIZAL, S/O.MARAKKAR, POYILTHODI, CHANDA ROAD, CHUNGAM, FEROKE, KOZHIKKODE DISTRICT, PIN - 673 631. ADV. SRI.A.RANJITH NARAYANAN FOR R-3 SRI.S.K.SAJU FOR R-3 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14696 of 2011(J) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE BUILDING PERMIT ISSUED TO the PETITIONER DT.18/08/08 BY THE FEROKE GRAMA PANCHAYATH. EXT.P2:- TRUE COPY OF THE ORDER PASSED BY THIS COURT IN W.P.C.8906/11 DATED 22/03/11. EXT.P3:- TRUE COPY OF THE ORDER PASSED BY THIS COURT IN W.P.C.8906/11 DT.23/05/11. EXT.P4:- TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER DT.21/05/11 TO THE 2ND RESPONDENT. EXT.P5:- TRUE COPY OF THE JUDGMENT DT.06/07/11 OF THIS COURT IN WP.PC.8906/11 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.14696 of 2011 ------------------------------------------------ Dated this the 28th day of July, 2011 JUDGMENT Abdul Rehim, J The petitioner is seeking police protection for the construction activities conducted in his properties, from not being obstructed by the 3rd respondent or his agents or men. With respect to construction of a commercial building, the petitioner had obtained Ext.P1 Building Permit from the local authority having jurisdiction in the area. Subsequently, the Ombudsman for Local Self Government Institutions had stayed the operation of the Building Permit and the petitioner was directed to stop the construction activities. However, in a Writ Petition filed by the petitioner, W.P.(C) No.8906/11, Ext.P5 judgment was passed by this court quashing the proceedings of the Ombudsman. It is W. P. C. No.14696 of 2011 -2- submitted that, by virtue of Ext.P5 judgment, Ext.P1 permit obtained by the petitioner is in currency and that the petitioner has got every right to continue the construction. Since there was obstruction from the side of the 3rd respondent the petitioner submitted Ext.P4 complaint before the 2nd respondent. But no steps was taken by the 3rd respondent, and hence, this Writ Petition is filed. 2. Heard; Sri.S.K.Saju, learned counsel appearing for the 3rd respondent. It is submitted that, in view of Ext.P5 judgment, the 3rd respondent has no intention in causing any obstruction to the construction activity. We record the above submission. Accordingly, the Writ Petition is closed since we notice that the 3rd respondent had undertaken that he will not cause any obstruction to the construction activity of the petitioner. 3. However, we direct the respondents 1 and 2 to take steps to avert physical obstruction, if any reported with W. P. C. No.14696 of 2011 -3- respect to the construction of the building being carried out by the petitioner on the strength of Ext.P1 permit. 4. We made it clear that the petitioner will be entitled to continue the construction only if he is holding a valid permit. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-