IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 24972 of 2010(V) ----------------------------------------- PETITIONER(S): ------------------------- 1. SHEREENA, W/O.PAREEDH, RESIDING AT KANAMPURAM HOUSE, VATTAYKATTUPADI, RAYAMANGALAM, KUNNATHUNADU TALUK, PERUMBAVOOR VILLAGE. 2. NISHA, W/O.HAMEED, KANAMPURAM HOUSE, VATTAYKATTUPADI, RAYAMANGALAM, KUNNATHUNADU TALUK, PERUMBAVOOR TALUK, PERUMBAVOOR VILLAGE. BY ADVS. SRI.H.BADARUDDIN, SMT.B.SHAMEERA. RESPONDENT(S): --------------------------- 1. SUPERINTENDENT OF POLICE (RURAL), PERUMBAVOOR, 683 542. 2. STATION HOUSE OFFICER, KURUPAMAPDI POLICE STATION, KUNNATHUNADU TALUK, ERNAKULAM, 682 017. R1 & R2 BY SR.GOVERNMENT PLEADER SRI. M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24972/2010 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BUILDING PERMIT IN APPENDIX C ISSUED BY THE RAYAMANGALAM GRAMA PANCHAYATH IN FAVOUR OF THE PETITIONERS. P2: COPY OF THE TITLE DEED IN RESPECT OF THE PROPERTY MENTIONED IN EXT.P1 DTD. 8/02/2010. P3: COPY OF THE TAX RECEIPT DTD. 28/06/2010. P4: COPY OF THE PERMIT FEE FOR GRANTING THE EXT.P1 BUILDING PERMIT PAID BEFORE THE RAYAMANGALAM GRAMA PANCHAYATH 30/07/2010. P5: COPY OF THE SITE PALN APPROVED BY SECRETARY SPECIAL GRADE GRAMA PANCHAYATH. P6: COPY OF THE LOCATION SKETCH. P7: COPY OF THE POLICE COMPLAINT DTD. 3/08/2010 BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 24972 OF 2010 ------------------------ Dated this the 14th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition filed by the petitioners seeking a direction to the Police Officers, who are respondents, to maintain law and order in the place where the petitioners are constructing a compound wall for their properties on the strength of Ext.P1 building permit. This court never became inclined to grant interim reliefs to the petitioner though the same was sought for. 2. On the basis of the instructions received by him Sri.M.K.Aboobacker learned senior Government Pleader submits that a complaint was received from Rayamagalam Paddy grains Producers Association that the petitioners are filling up the paddy field with soil and waste. Filing up of the paddy land was for the purpose of putting up a unit for Shalimar Plywood Company. It was not a mere compound wall construction which was being proposed by the petitioners. The enquiry was conducted into the complaint submitted by the petitioners and enquiry revealed WPC.No.24972/2010 2 that there is no law and order situation. 3. In view of the above submissions, we do not find any warrant for issuance of the direction sought for. However, in view of the assertion of Sri.H.Badruddin learned counsel for the petitioners that law and order situations are likely to arise in the area and as it is the duty of the police to maintain law and order situation in the area within their jurisdiction, even as we decline the relief sought for, we direct the 2nd respondent to keep vigil over the properties in question and to ensure that no law and order situation erupts in the area. This judgment will not preclude the petitioners from moving this court afresh arraying the concerned private parties as respondents. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.24972/2010 3