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 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 21970 of 2011(U) -------------------------------- PETITIONER(S): ------------------ P.P.VIJAYAN, S/O.ACHUNNI, PANIKKARU PARAMBIL HOUSE, POLPAKKARA P.O., PONANI TALUK, MALAPPURAM. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): -------------------- 1. THE CIRCLE INSPECTOR OF POLICE, PONANI-679 577. 2. THE SUB INSPECTOR OF POLICE, CHANGARAMKULAM POLICE STATION-679 577. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME AFFAIRS, THIRUVANANTHAPURAM-695 001. 4. PAYYANGATTIL HARIDASAN, S/O.AYYAPPAN, PAYYANGATTIL HOUSE, EDAPPAL P.O., EDAPPAL-679 576. 5. PAYYANGATTIL SUNIL, S/O.VELAYI PAYYANGATTIL HOUSE, EDAPPAL P.O., EDAPPAL-679 576. 6. MELEPPURACKAL PAYYANGATTIL BALAN, S/O.KORAN, MELEPPURACKAL PAYYANGATTIL HOUSE, EDAPPAL P.O., EDAPPAL-679 576. ADV. SRI.SUNIL JACOB JOSE FOR R4TO6 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21970 of 2011(U) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 1ST RESPONDENT DT.04/07/11 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.21970 of 2011 ------------------------------------------------ Dated this the 22nd day of August, 2011 JUDGMENT Pius C. Kuriakose, J This Writ Petition has been filed by the petitioner seeking rendition of police protection in the matter of bringing materials to the petitioner's site for the purpose of constructing a compound wall. The party respondents entering appearance through Sri.Sunil Jacob Jose submitted that they are not opposed to the petitioner constructing a compound wall. According to them, what the petitioner does is not construction of the compound wall, but the petitioner is filling up about 90 cents of land belonging to him with red earth. On account of the continuous coming of lorries, the road which goes by the side of the petitioner's property has become completely unworthy of traffic both vehicular and W. P. C. No.21970 of 2011 -2- pedestrian. If the petitioner is prepared to unload at least three lorry loads of red earth on the road so that the same will become worthy of traffic by LMVs and by pedestrians there will not be any objection from the part of the party respondents who are Harijans occupying the Harijan colony situated nearby. In view of the above stand we on 17/08/11 directed the counsel for the petitioner to seek instructions from his client as to whether he will be prepared to unload three lorry loads of red earth on the road so as to make the road worthy of traffic. Today Sri.A.Krishnan, the learned counsel for the petitioner submitted that requisite red earth has now been laid on the road and the condition of the road has become satisfactory. According to him, the issue regarding the condition of the road no longer exists. Sri.Sunil Jose the learned counsel for the party respondents does not agree. According to him, an inspection conducted even today morning revealed that the condition of the road W. P. C. No.21970 of 2011 -3- continues to be as bad as it was at the time of filing of the Writ Petition. Smt.C.M.Charisma, the learned Government Pleader on the basis of the instructions received from the police submitted that the objection of the party respondents is only that the condition of the road has become deteriorated due to frequent coming of lorries carrying red earth through the road. 2. Having considered the submissions addressed at the Bar, we feel that the protection sought for can be granted to the petitioner provided he puts requisite quantity of red earth on the road in question to the satisfaction of the second respondent so that reasonable complaints from the part of respondents 4 to 6 regarding the condition of the road is redressed. Accordingly, we dispose of the Writ Petition issuing the following directions to the second respondent. 3. The second respondent will conduct an inspection of W. P. C. No.21970 of 2011 -4- the road in question and ensure that the condition of the road has been made reasonably satisfactory for the purpose of vehicular as well as pedestrian traffic and once it is so ensured the second respondent will afford protection to the petitioner for bringing materials to his property for filling or for construction of compound wall. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-