IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 24394 of 2011(Y) -------------------------- PETITIONER(S): --------------- EAPEN VARGHESE, KALAPPURAKKAL, THOTTAKKADU KARA, PUTHUPALLY, KOTTAYAM DISTRICT, NOW RESIDING AT DEVALOKAM, KOTTAYAM. BY ADV. SRI.P.K.MUHAMMED SRI.S.VIJI RESPONDENT(S): --------------- 1. JOMON, PADIKKAL, THOTTAKKADU KARA, PUTHUPALLY, KOTTAYAM DISTRICT, PIN - 686 011. 2. JINU, PADIKKAL, THOTTAKKADU KARA, PUTHUPALLY, KOTTAYAM DISTRICT, PIN - 686 011. 3. SUB INSPECTOR OF POLICE, VAKATHANAM, KOTTAYAM DISTRICT, PIN - 686 538. GOVT. PLEADER SMT. C.M.CHARISMA ADV. SRI.LIJI.J.VADAKEDOM FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).24394/11 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF ORDER ISSUED BY SECRETARY, PUTHUPALLY GRAMA PANCHAYAT EXT.P2:- TRUE COPY OF APPEAL FILED BEFORE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P3:- TRUE COPY OF ORDER IN APPEAL 566/11 ON THE FILE OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P4:- TRUE COPY OF PETITION FILED BEFORE R3 EXT.P5:- TRUE COPY OF RECEIPT ISSUED BY R3 IN TOKEN OF RECEIPT OF EXT.P4. RESPONDENT'S EXHIBITS:- NIL OKB //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.24394 of 2011 ------------------------------------------- Dated this the 28th day of September, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. Petitioner has approached this court seeking police protection for his life as well as for his properties and also for construction of a compound wall around a building which he has constructed recently. It is submitted by the learned counsel for the respondents on the basis of a counter filed by them that the construction of the house by the petitioner was in violation of the plan granted to the petitioner by the local authorities. However the Government passed an order regularising the construction. Challenging that order the party respondents have filed appeal before the Tribunal for Local Self Government Institutions as 566/2011. The Tribunal had issued Ext.P3 stay. 2. Learned Government Pleader on the basis of instructions received submitted that there is boundary dispute between the petitioner and party respondents and in the enquiry which was conducted by the police the parties were advised to have boundary fixed from the process received from the court. There is no threat to the life of the petitioner as he alleges. W.P.(C).24394/11 -2- 3. Having considered the submissions addressed at the bar and also on the basis of pleadings we are of the view that it is too early for the petitioner to seek police protection for the construction of the compound wall around the building which is subject matter of appeal presently pending before the tribunal. After all, the compound wall is an integral part of the residential house, the regularity of whose construction is under challenge. Coming to the protection sought for to the life of the petitioner we do not find any reason not to accept the submissions of the learned Government Pleader that no threat subsists presently to the life of the petitioner. However, we dispose of the writ petition directing the 3rd respondent to keep surveillance over the property in question as well as the parties to ensure that the dispute does not give rise to any act of violence or law and order situation. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb