Mariyamma Mammen v. Sub Inspector Of Police
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 THURSDAY, THE 5TH DAY OF MARCH 2015/14TH PHALGUNA, 1936 WP(C).No. 6950 of 2015 (P) ------------------------ PETITIONER(S):
------------- MARIYAMMA MAMMEN, W/O. MAMMEN, AGED 81 YEARS ST. GEORGE ESTATE HILL VIEW BANGALOW, RESIDING AT PLOTNO.G. 216, PADAMUGAL, KAKKANAD P.O. ERNAKULAM - 682 030 BY ADV. SRI.ABRAHAM JOHN RESPONDENT(S):
------------- 1.
THE SUB INSEPCTOR OF POLICE, THRIKKAKARA, ERNAKULAM 2.
SAJI VARGHESE,S/O. VARGHESE, KUNNEAL HOUSE, MYTHRI ROAD, PADAMUGAL, KAKKANAD 3.
R. RAJESH PILLAI, NIKUNJAM, MYTHRI ROAD, PADAMUGAL, KAKKANAD 4.
STEPHEN, S/O. NOT KNOWN, C/O.SAJI VARGHESE, KUNNEAL HOUSE, MYTHRI ROAD, PADAMUGAL, KAKKANAD BY GOVERNMENT PLEADERC.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6950 of 2015 (P) ------------------------ APPENDIX PETITIONER'S EXTS:
EXT.P1:
TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VIALLGE OFFICE VAZHAKKALA DATED 12-12-2014 EXT.P2:
PLAN FOR CONSTRUCTION OF THE COMPOUND WALL APPROVED AND GIVEN TO THE PETITIONER EXT.P3: THE PERMIT OF THE CONSTRUCTION OF THE COMPOUND WALL ISSUED BY THE THRIKKAKARA MUNICIPALITY UNDER THE KERALA MUNICIPALITY BUILDING RULES DATED 11-2-2015 EXT.P4: TRUE COPY OF THE COMPLAINT GIVEN BY THE PETITIONER TO THE IST RESPONDENT EXT.P5: COPY OF THE RECEIPT DATED 14-22015 ISSUED BY THE IST RESPONDENT TO THE PETITIONER
ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.
....................................................... W.P.C. No. 6950 of 2015 ....................................................... Dated this the 5th day of March, 2015
JUDGMENT
Shaffique, J.
Petitioner has approached this Court seeking police protection. According to her, she had obtained a valid permit and license from the Municipality to reconstruct the compound wall in respect of her property having an extent of 7.2 Ares comprised in Sy. Nos. 81/8 an 299/3 of Vazhakkala Village. When she and her workers have gone to the site for preparing the property for reconstruction of the compound wall, respondents 2 to 4 obstructed the same. According to the petitioner, respondents 2 to 4 does not share any boundary and they cannot raise any dispute. Their claim is that petitioner should leave more area for widening the road.
W.P.C. No. 6950 of 2015
2. Learned Government Pleader on instructions, submitted that on receipt of the complaint from the petitioner , parties were summoned and they were asked not to make any obstruction for construction of compound wall on the basis of the valid permit issued by the local authority.
3. Having regard to the aforesaid submission, we are of the view that this Writ Petition can be disposed of without notice to respondents 2 to 4. If any obstruction is caused by any person in the matter relating to the construction of the compound wall, the first respondent shall ensure that law and order is maintained.
With the above observation, this Writ Petition is disposed of. Sd/-ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/