High Court of KeralaWP(C)/18703/2015disposed of

Fr.Augustine Ponganamthadam v. The Sub Inspector Of Police

2015-07-03Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 WP(C).No. 18703 of 2015 (K) ---------------------------- PETITIONER(S) :- ------------------ FR.AUGUSTINE PONGANAMTHADAM VICAR AND BURSAR, ST.GEOGORY'S CHURCH, PUNNAPRA P.O. ALAPUZHA.

BY ADVS.SRI.MATHEW.P.V.

SMT.R.REJI (ATTINGAL) RESPONDENT(S) :- ------------------

1. THE SUB INSPECTOR OF POLICE PUNNAPRA POLICE STATION, ALAPPUZHA DISTRICT.

2. SAJI S/O.GOPI, CONVENOR, BHARATIYA MASDOOR SANGH (BMS) PUNNAPRA UNIT, KOLLAMPARAMBU, PUNNAPRA P.O.

ALAPPUZHA.

3. SOMARAJAN CONVENOR, CITU, PUNNAPRA UNIT KATTAKKADU, PUNNAPRA SOUTH P.O., ALAPPUZHA.

R1 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WP(C).No. 18703 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1. TRUE COPY OF THE BUILDING PERMIT ISSUED FROM THE PUNNAPRA GRAMA PANCHAYATH.

EXT.P2. TRUE COPY OF THE COMPLAINT DATED 8/6/2015 SUBMITTED BY THE PETITIONER TO THE PUNNAPRA POLICE STATION. EXT.P3. TRUE COPY OF THE RECEIPT ISSUED FROM THE PUNNAPRA POLICE STATION.

EXT.P4. TRUE COPY OF THE VOUCHER ISSUED BY THE 2ND RESPONDENT SHOWING THE RECEIPT OF NOKKU COOLIE.

EXT.P5. TRUE COPY OF THE VOUCHER ISSUED BY THE 3RD RESPONDENT SHOWING THE RECEIPT OF NOKKU COOLIE.

RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.18703 of 2015 --------------------------------------- Dated this the 3rd day of July 2015

J U D G M E N T

Shaffique, J The petitioner has approached this Court seeking police protection in the matter relating to construction of building in terms of Ext.P1, the building permit. It is submitted that respondents 2 and 3 are creating obstruction to the construction activity being carried on by the petitioner and they have demanded 'nokku coolie'. The petitioner had given certain amounts to respondents 2 and 3 as 'nokku coolie', but still they are unnecessarily demanding more amounts from the petitioner. Though complaint was given to the police, no action has been taken in the matter and hence, the petitioner has approached this Court.

Though notice was served on respondents 2 and 3, there is no appearance on their behalf.

Learned Government Pleader on instructions would submit that the police has taken appropriate measures to ensure that no obstruction is caused to the construction being carried on

W.P.(C) No.18703 of 2015 -: 2 :- by the petitioner and as matter stands now, there is no law and order.

Having regard to the aforesaid factual situation, we direct the first respondent to ensure that no obstruction is being caused by respondents 2 and 3 or their men in the matter relating to construction of building by the petitioner in terms of Ext.P1 building permit and to ensure maintenance of law and order. This writ petition is disposed of as above.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt