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 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 20486 of 2011(I) ------------------------------- PETITIONER(S): ------------------ 1. KEN BUILDERS, BUILDING NO.CP XV-930, PUTHIYATHERU, KANNUR PIN-670011 REP.BY ITS MANAGING PARTNER C.P.SHAHUL HAMEED 2. MIR BUILDERS AND DEVELOPERS PRIVATE LIMITED, MM BUILDING, KALABHAVAN ROAD, NEAR TOWN HALL, KOCHI-682018,REP.BY ITS GENERAL MANAGER, JINARAJ T.V BY ADV. SRI.K.BALACHANDRAN (MANGALATH) SRI.RAJESH NAIR RESPONDENT(S): -------------------- 1. THE SUB INSPECTOR OF POLICE VALLAPATTANAM POLICE STATION, VALAPATTANAM KANNUR DISTRICT-670010 2. THE CIRCLE INSPECTOR OF POLICE, VALAPATTANAM, KANNUR DISTRICT-670010 3. THE DEPUTY SUPERINTENDENT OF POLICE KANNUR, KANNUR DISTRICT-670010 4. RAJESH K.P.,S/O.RAGHAVAN, KADAVATH PURAYIL, NEAR AIYATHAM PIRA, P.O.ALAVIL, KANNUR DISTRICT-670008 5. SUDHIR K.V,S/O.KRISHNAN K.V. K.V.HOUSE, VAIDYAR MUKKU, P.O.,ALAVIL,KANNUR DISTRICT-670008 WP(C).No. 20486 of 2011(I) -2- 6. RAVEENDRAN K.P,S/O.KELAN, THAYAMPALLI HOUSE, VAIDYAR MUKKU, P.O.,ALAVIL,KANNUR DISTRICT-670008 * ADDL. R7 7. CHIRACKAL GRAMA PANCHAYATH REP. BY SPECIAL GRADE SECRETARY CHIRACKAL,CHIRACKAL P.O IS SUO MOTU IMPLEADED AS ADDL 7 TH RESPONDENT AS PER ORDER DATED 23-08-2011 ADV. SRI.SUNIL NAIR PALAKKAT FOR R4 TO 6 SRI.K.N.ABHILASH FOR R4TO6 SMT.R.LEELA FOR R4 TO 6 SRI.I.V.PRAMOD FOR R-7 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20486 of 2011(I) APPENDIX PETITIONERS' EXTS:- EXT.P1:- TRUE COPY OF the PERMIT NO.4912/10-11 DATED 10/06/10. EXT.P2:- TRUE COPY OF CONSENT (NO.PCB/RO/KNR/ICE/02/11 DATED 13/01/11 ISSUED BY POLLUTION CONTROL BOARD. EXT.P3:- TRUE COPY OF THE NO OBJECTION CERTIFICATE NO.GI-8452/2010 ON 14/09/10 ISSUED BY COMMANDANT GENERAL, FIRE AND RESCUE SERVICES, THIRUVANANTHAPURAM. EXT.P4:- TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE OFFICE OF THE 1ST RESPONDENT ON 23/02/11. EXT.P5:- TRUE COPY OF THE FIRST INFORMATION REPORT NO.73 LODGED BY THE 1ST PETITIONER BEFORE THE 1ST PETITIONER ON 23/02/10. EXT.P6:- TRUE COPY OF REPRESENTATION SUBMITTED BEFORE THE OFFICE OF THE 1ST RESPONDENT ON 29/06/11. EXT.P7:- TRUE COPY OF THIS CONSENT NO.GW/KNR/304/09 DATED 22/10/09 ISSUED BY THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, KANNUR. EXT.P8:- PHOTOSTAT COPY OF THE INTIMATION LETTER ISSUED BY THE VILLAGE OFFICER, CHIRAKKAL ON 11/07/11. RESPONDENTS EXTS:- EXT.R5 (a):- THE TRUE COPY OF THE APPLICATION DATED 24/09/10 SUBMITTED BEFORE THE REVENUE DIVISIONAL OFFICER, THALASSERY. EXT.R5 (b):-THE TRUE COPY OF THE REMINDER SUBMITTED BY ACTION COMMITTEE DATED 17/05/11 BEFORE THE REVENUE DIVISIONAL OFFICER. EXT.R5 (c):-THE TRUE COPY OF THE STOP MEMO ISSUED BY THE VILLAGE OFFICER, CHIRAKKAL DATED 30/06/11. EXT.R5 (d):-THE PHOTOS (2 IN NUMBERS) SHOWS THE CONSTRUCTION OF the COMPOUND WALL BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.20486 of 2011 ------------------------------------------------ Dated this the 29th day of August, 2011 JUDGMENT Pius C. Kuriakose, J It is submitted by the learned counsel for the additional respondent/Panchayat that a statement is being filed today. According to the Panchayat, the permit issued by the Panchayat for the construction being carried out by the petitioner is in currency. An inspection was conducted pursuant to this Court's order. The inspection revealed that the construction so far undertaken by the petitioner has not obliterated any pathway. The local public are accessing the cemetery through the existing cemetery road. The learned counsel for the party respondents per contra submitted that the construction has not only completely obliterated existing pathway, but it shuts off free flow of light and air to the W. P. C. No.20486 of 2011 -2- neighbouring houses. On hearing the above submission, we suggested to the counsel for the respondents that if the above grievance is genuine remedy may lie before a competent civil court. The response of the learned counsel was that already O.S.384/11 has been instituted before the Munsiff's Court, Kannur. We feel that it is open to the party respondents to seek redressal of their genuine grievance from the suit which they have already instituted. If that suit needs any amendment they can seek amendment and have additional reliefs sought for. 2. Coming to the question whether the police protection direction sought for are to be granted, as we notice that it is on the strength of a valid permit that the petitioners carry out their constructions and the ongoing construction do not per se obstruct any public rights, the party respondents have no right to obstruct such construction. Accordingly, we dispose of the Writ Petition directing respondents 1 to 3 to W. P. C. No.20486 of 2011 -3- grant adequate, sufficient and effective protections to the petitioners and their workmen if obstructions are caused by respondents 4 to 6 in the matter of carrying out of the construction works. We clarify that this judgment granting police protection to the petitioners will not cause any prejudice to the rival contentions which can crop up in O.S.384/11 presently pending before the Kannur Munsiff Court. The police officers shall also ensure that the lives of the management personnel, the staff and the workers who are engaged by the petitioners are safe. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.20486 of 2011 -4-