IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 21715 of 2011(L) -------------------------- PETITIONER(S): --------------- JOSE, S/O.JOSEPH, AGED 51 YEARS, PANDYATH HOUSE, NOW RESIDING AT KURAVILANGAD FROM CHEMMANATHUKARA P.O.VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.P.I.GEORGEKUTTY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT (HOME) SECRETARIAT,THIRUVANANTHAPURAM PIN 695 001. 2. DISTRICT SUPERINTENDENT OF POLICE KOTTAYAM DISTRICT. 3. SUB INSPECTOR OF POLICE VAIKOM POLICE STATION,VAIKOM PIN 682 141. 4. DIPU @ KUTAI,S/O.THANKACHAN PULLURUTHIL KADAMATTU HOUSE, CHEMMANATHUKARA P.O.VAIKOM,PIN 682 606. 5. AJAYAN,S/O.MADHAVAN, KARUKATHALA HOUSE, CHEMMANATHUKARA P.O.VAIKOM,PIN 682 606. 6. BAIJU, PADINJARE PULLURUTHIL HOUSE CHEMMANATHUKARA P.O.VAIKOM,PIN 682 606. 7. NISHAD, S/O.PRABHAKARAN, PANDYATH HOUSE,CHEMMANATHUKARA P.O.VAIKOM,PIN 682 606. 8. PRADEEP,S/O.PRABHAKARAN, PANDYATH HOUSE, CHEMMANATHUKARA P.O.VAIKOM,PIN 682 606. 9. SANTHOSH,S/O.MADHAVAN,KARUKATHALA HOUSE CHEMMANATHUKARA P.O.VAIKOM,PIN 682 606. 10. ANUROOP,S/O.VASUDEVAN,PANDYATH HOUSE, CHEMMANATHUKARA P.O.VAIKOM,PIN 682 606. 11. SAJAN @ KUTAI, S/O.SASI, PANDYATH HOUSE, CHEMMANATHUKARA P.O.VAIKOM,PIN 682 606. 12. SREEKANTH @ ANI, CHENGANEZHATH HOUSE CHEMMANATHUKARA P.O.VAIKOM,PIN 682 606. 13. MADHU, S/O.THANKAPPAN,KOODALLIL HOUSE, CHEMMANATHUKARA P.O.VAIKOM,PIN 682 606. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 574/11 OF THE VAIKOM POLICE STATION DATED 11-7-2011 EXT.P2 TRUE COPY OF PETITION TO THE 3RD RESPONDENT DT. 12-7-2011 EXT.P3 TRUE COPY OF THE PETITION TO THE 2ND RESPONDENT DT. 1-8-2011 RESPONDENTS' EXHIBITS: NIL. (TRUE COPY) PS TO JUDGE. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 21715 of 2011 ----------------------------------------------- Dated this the 16th day of August, 2011 J U D G M E N T Abdul Rehim, J. The petitioner is supervising the construction of a house for his brother, who is not in station at present. It is alleged that respondents 4 to 13 are causing threat to the life of the petitioner and his workers and obstructions to the works. They have assaulted the workers engaged by the petitioner for doing the carpentry works, on 10-07-2011. It is also alleged that they have destroyed the household articles and various cultivations in the property in question. The obstructors are creating constant threat to the life and liberty of the petitioner and his workers and inspite of complaint lodged seeking protection before the police authorities, no effective steps are taken, is the grievance. Hence the petitioner is approaching this court seeking police WP(C).21715/11 -2- protection. 2. When the matter came up for consideration, we directed the learned Government Pleader to get instructions from respondent No. 3 as to whether any threat on the life of the petitioner and his workers subsists even now, and also as to what is the stage of the investigation of the case registered as per Ext.P1 FIR. 3. Smt. C.M. Charisma, learned Government Pleader, on the basis of the instructions received submitted that, the investigation of Ext.P1 case is over and final report has already been submitted to the Magistrate Court. She further submitted that Exts.P2 and P3 complaints were not received by the police. But it is admitted that the brother of the petitioner had submitted a complaint through e-mail regarding the alleged threat and obstructions and enquiry is being conducted on the basis of the said complaint. It is stated that at present there is no situation of any threat or WP(C).21715/11 -3- violence persisting. 4. Inspite of service of notice from this court nobody appears on behalf of the respondents 4 to 13. Considering the facts and circumstances as narrated above, we find that the respondents 4 to 13 or anybody claiming under them, have no manner of right to obstruct the petitioner from proceeding with the construction being carried out in the property belongs to the petitioner's brother, by engaging workers of his own choice. 5. Hence we dispose of the writ petition directing the 3rd respondent to take effective steps to avert obstruction if any caused to the works. If any intimation is received regarding any threat to the life of the petitioner or his workers or regarding any obstruction caused to the construction works in question, then the 3rd respondent should ensure that life of the petitioner and his workers is not endangered in any manner and that no breach of peace WP(C).21715/11 -4- is created in the area in question, and that the construction work is not obstructed in any manner. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-