K.Alivikutty v. The District Police Chief
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 27TH DAY OF FEBRUARY 2015/8TH PHALGUNA, 1936 WP(C).No. 6299 of 2015 (J) --------------------------- PETITIONER(S) :- ----------------- K.ALIVIKUTTY, PARENT TEACHERS ASSOCIATION PRESIDENT, GOVT.GIRLS VOCATIONAL HIGHER SECONDARY SCHOOL, VENGARA P.O., MALAPPURAM - 676 304 RESIDING AT KANNATTI HOUSE, MARKET ROAD, VENGARA, MALAPPURAM.
BY ADVS.SRI.PRATHEESH.P SMT.S.SEETHA RESPONDENT(S) :- -----------------
1. THE DISTRICT POLICE CHIEF, POLICE HEAD QUARTERS, MALAPPURAM - 676 505.
2. SUB INSPECTOR OF POLICE, VENGARA POLICE STATION, MALAPPURAM - 676 304.
3. THE DISTRICT PANCHAYAT REPRESENTED BY ITS SECRETARY, JILLA PANCHAYAT BHAVAN, CIVIL STATION, MALAPPURAM - 676 505.
4. THE HEAD MASTER, GOVT.GIRLS VOCATIONAL HIGHER SECONDARY SCHOOL, VENGARA P.O., MALAPPURAM - 676 304.
5. MUHAMMEDALI, S/O.ABDULLA, THACHAPARAMBAN VEEDU, M.P.NAGAR, VENGARA P.O., MALAPPURAM - 676 304.
6. A.K.JAFER, S/O.ABDULKHADAR, ARIKKULANGARA VEEDU, ARIKKULAM, VENGARA P.O., MALAPPURAM - 676 304.
7. MUHAMMED SALOOP.P., PULIKKAL VEEDU, M.P.NAGAR, VENGARA P.O., MALAPPURAM - 676 304.
8. MANAF, KUDILAMKATTIL VEETTIL, CHATTAKULAM, VENGARA P.O., MALAPPURAM - 676 304.
R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-022015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6299 OF 2015 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the order No.B2/4218/2013 dated 27.3.2013. Ext.P2 :- Copy of the complaint filed by the petitioner before the 2nd respondent dated 24.2.2015.
Ext.P2(a) :- The English translation of Ext.P2.
Ext.P3 :- Copy of the building permit issued by the Vengara Panchayath for the construction of the school building. Respondent's Exhibits :- NIL.
//True Copy// P.A. to Judge
ASHOK BHUSHAN, Ag. C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.P.(C). No.6299 of 2015 ------------------------------------ Dated this the 27th day of February 2015
J U D G M E N T
Shaffique, J.
The petitioner is the President of the Parent Teacher's Association of Government Girls Vocational Higher Secondary School, Vengara, Malappuram. They have obtained necessary permit for construction of the building. But when attempt was made to start construction, the same was obstructed by respondent Nos.5 to 8 and their men on the ground that the space earmarked for the construction of new building is a play ground which was used by them for their physical activities. 2.
Though a complaint was given to the respondent police authorities, no protection was granted to proceed with the construction and hence, the petitioner has approached this Court. 3.
Learned Government Pleader on instructions would submit that on receipt of Ext.P2 complaint, the police had gone to the site, removed the obstruction and made all arrangements to ensure that no obstruction is created by the private respondents or their men.
W.P.(C). No.6299 of 2015 -: 2 :- 4.
Having regard to the aforesaid submission, we do not think that any further direction is required to be passed in the case. If there is any further obstruction caused by the private respondents in the matter relating to construction of new building, the police shall ensure maintenance of law and order there. With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt