IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 26677 of 2009(D) -------------------------- PETITIONER(S): --------------- LATHEEF V.P, AGED 32 YEARS S/O.V.A.PAREED, VELLANJI PUTHANPURA HOUSE, V.K.COLONY PO, COCHIN 682 021. BY ADV. SRI.P.K.IBRAHIM RESPONDENT(S): --------------- 1. THE ASSISTANT COMMISSIONER OF POLICE THRIKKAKARA. 2. THE CIRCLE INSPECTOR OF POLICE KALAMASSERY. 3. THE SUB INSPECTOR OF POLICE, KALAMASSERY. 4. V.K.ALI, VELLANI HOUSE, V.K.COLONY P.O. KOCHI-21 5. V.K.RAHIM, VELLANI HOUSE, V.K.COLONY P.O.KOCHI-21 6. V.A.MOHAMMED ALI, VALIYAVEETTIL HOUSE V.K.COLONY P.O.KOCHI-21 7. V.K.JAMAL, VELLANI HOUSE V.K.COLONY P.O.KOCHI-21 BY GOVERNMEPT PLEADER SRI.RAVINDRA BABU ADV. SRI.M.S.UNNIKRISHNAN FOR R4-7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26677 of 2009(D) APPENDIX PETTIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER NO.KIN/HIT/A LOT/11/901.A DATED 28/2/2009 ISSUED BY THE KINFRA HIGH-TECH PARK SINGLE WINDOW CLEARANCE BOARD EXT.P2: TRUE COPY OF THE PETITON DATED 22/8/2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P3. TRUE COPY OF THE NOTICE NO.BA65/09 DATED 14/9/2009 ISSUED BY THE SECRETARY, KALAMASSERY MUNICIPALITY TO THE PETITIONER EXT.P4. TRUE COPY OF THE PETITION DATED 16/9/2009 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT EXT.P5. TRUE COPY OF THE COMMUNICATION NO.BA65/09 DATED 18/9/2009 OF THE SECRETARY, KALAMASSERY MUNICIPALITY TO THE PETITIONER. EXT.P6. TRUE COPY OF THE BUILDING PERMIT NO.BA65/09 DATED 8/5/2009 ISSUED BY THE SECRETARY MUNICIPAL COUNCIL, KALAMASSERY. RESPONDENT'S EXHIBITS EXT.R1(A): PHOTOCOPY OF THE MAP SHOWING THE AREAS WITHIN THE KALAMASSERY MUNICIPALITY /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.P(C) No.26677 of 2009 -------------------------------- Dated this the 7th day of October,2009 JUDGMENT Kurian Joseph.J The writ petitioner approached this court for police protection for the construction of a building in the plot allotted by KINFRA in Sy.No.321 part in Thrikkakara North Village. According to the respondents the construction is unauthorised and it is in violation of building rules. It is further submitted that setting up and running a hollow brick unit will cause serious health hazardous to the people in the locality. Since protection is sought only for the construction of the building for setting up an industrial unit there is no room for such apprehension that the unit will be commissioned after the construction.Therefore,there shall be a direction to police to render protection to the construction of the building in case of obstruction.It is made clear that the unit shall not be commissioned without obtaining the required permission/license from the authority concerned.The writ petition is disposed of accordingly. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn