IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 29724 of 2009(I) ------------------------------------- PETITIONER: ------------------- AJEES BEERAN,THOOTHUPPILLY HOUSE, WEST VENGOLA P.O., PERUMBAVOOR. BY ADVS. MR.V.RAJENDRAN (PERUMBAVOOR), MR.GEORGE VARGHESE KIZHAKKAMBALAM. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT. 2. ASKAR, S/O. PAREED, ONODIPOTHIYIL VEETTIL, VENGOLAKARAYIL, ARAKKAPPADY VILLAGE. 3. SHRI.ABASS,PARAPPURATH PUTHENPURA VEEDU, VENGOLA P.O., PERUMBAVOOR. 4. KOCHUNNI,S/O. KOCHUBAVA, THUTHUPPILLIVEETTIL, VENGOLAKARAYIL, ARAKKAPPADY VILLAGE. 5. ANZAR,S/O. PAREED, ONODIPOTHIYIL VEETTIL, VENGOLAKARAYIL, ARAKKAPPADY VILLAGE. 6. O.A.MUHAMMAD, S/O.ALIYAR, ONODIPOTHIYIL VEETTIL, VENGOLAKARAYIL, ARAKKAPPADY VILLAGE. 7. SALIM, S/O. KOCHUNNI, THUTHUPILLIVEETTIL VENGOLAKARAYIL, ARAKKAPPADY VILLAGE. W.P.(C). NO.29724/2009-I: *ADDL.R8 IMPLEADED: 8. VENGOLA GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY, VENGOLA, VIA.,PERUMBAVOOR. *IS IMPLEADED SUO MOTU AS ADDL. 8TH RESPONDENT AS PER ORDER DT. 10/11/09 IN W.P.(C). R1 BY SR. GOVT. PLEADER SMT. M.K. PUSHPALATHA, R2 TO R7 BY ADVS. MR.T.A.UNNIKRISHNAN, MR.P.P.BIJU, ADDL.R8 BY ADV. MR.SIRAJ KAROLY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29724/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SETTLEMENT DEED NO.1098/2008 DTD. 06/02/2008. EXT.P.2: COPY OF THE BUILDING PERMIT ISSUED BY THE RESPONDENT ON 28/02/2008. EXT.P.3: COPY OF THE PHOTOGRAPHS OF THE RESIDENTIAL HOUSE OF THE PETITIONER UNDER CONSTRUCTION. EXT.P.4: COPY OF THE LOCATION PLAN DTD. 24/05/2008. EXT.P.5: COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, DTD. 08/09/2009 IN APPEAL NO. 660/2009. EXT.P.6: COPY OF THE LETTER OF THE PANCHAYATH DTD. 30/09/2009. EXT.P.7: COPY OF THE REPLY SUBMITTED BY THE PETITIONER ON 13/10/2009. EXT.P.8: COPY OF THE PLAINT IN O.S. NO. 282/2009 DTD. 14/10/2009 FILED BEFORE THE MUNSIFF COURT, PERUMBAVOOR. EXT.P.9: COPY OF THE INTERIM INJUNCTION ORDER PASSED BY THE MUNSIFF COURT, I.A. NO. 2310/2009 IN O.S. NO. 282/2009 DTD. 15/10/2009. EXT.P.10: COPY OF THE FIRST INFORMATION REPORT ON 22/07/2009 OF PERUMBAVOOR POLICE STATION. EXT.P.11: COPY OF THE COMPLAINT FILED BY THE PETITIONER SEEKING FOR POLICE PROTECTION 19/10/2009. RESPONDENTS' EXHIBITS: EXT.R6.A: COPY OF THE PURAMBOKE REGISTER MAINTAINED BY THE VENGOLA GRAMA PANCHAYAT. EXT.R6.B: COPY OF THE F.I.R. NO. 2271/2009 PF PERUMBAVOOR POLICE. ADVOCATE COMMISSIONER'S ANNEXURES: ANNEXURE A: CORIGINAL OF THE WORK MEMO. ANNEXURE B: ORIGINAL OF THE SKETCH & COPY OF MAHAZAR. //TRUE COPY// P.S. TO JUDGE. Prv. P.R.RAMAN & P.S.GOPINATHAN, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 29724 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 18th day of January, 2010 JUDGMENT Raman, J. Petitioner seeks police protection for completion of the construction work of his building. There is a dispute as to whether the building is partly on the “puramboke” land belonging to the panchayat. 2. After hearing both sides, we find that earlier order passed by the panchayat requiring the petitioner to demolish the building was set aside by the Tribunal. Subsequently, the panchayat had issued a fresh notice. The petitioner has challenged the said proceeding by instituting a suit and obtained an order of inunction Ext.P9 restraining the panchayat from demolition of the building. So long as Ext.P9 continues to be in force, there cannot be any physical obstruction caused to the petitioner from plastering the building and painting it, but he will be doing so at his risk. In case ultimately the building will have to be demolished, he will not be entitled for any better right than he had, if any, at the time of passing this order. The present order cannot W.P.(C) No. 29724/09 2 prejudicially affect the right of either parties. In case there is any such obstruction caused to the plastering and painting work, necessary protection will be afforded by the respondent police officials. We are not expressing any opinion on the merits of the contentions raised by the parties as to whether the construction of the building is partly in “puramboke” belonging to the panchayat, since the matter is pending before the civil court. The writ petition is closed with the above observation. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. mn.