Dr.Paul Jayan, Rep. By P/A Holder Mrs.Lovely Paul Jayan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 WP(C).No. 20343 of 2015 (P) ---------------------------- PETITIONER(S) :- ------------------- DR.PAUL JAYAN, AGED 70 YEARS S/O M.M. JOSEPH, EMPLOYED AT MUSCAT MOOKENCHERIL HOUSE, AMMANKOVIL ROAD ERNAKULAM -682 035 KANYANNUR TALUK ERNAKULAM DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER AND WIFE MRS. LOVELY PAUL JAYAN, RESIDING AT MOOKENCHERIL HOUSE, AMMANKOVIL ROAD, ERNAKULAM-682 035, KANAYANNUR TALUK, ERNAKULAM DISTRICT BY ADVS.SRI.N.HARIDAS SRI.ANTONY MATHEW RESPONDENT(S) :- ------------------

1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHPURAM, PIN- 695 001

2. THE CIRCLE INSPECTOR OF POLICE ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM PIN- 682 020.

3. THE SUB INDPOECTOR OF POLICE KADAVANTHRA POLICE STATION, ERNAKULAM 682 020.

4. THE ASSISTANT EXECUTIVE ENGINEER WATER WORKS & SUB DIVISION KERALA WATER AUTHORITY VYOTTILA, ERNAKULAM, KOCHI- 682 020 BY SR.GOVERNMENT PLEADER SRI.C.K.SYAMKUMAR BY SRI.GEORGE MATHEW, SC, KERALA WATER AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20343 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXT.P1: TRUE COPY OF THE POWER OF ATTORNEY DT. 22/6/15 EXECUTED BY THE PETITIONER IN FAVOUR OF HIS WIFE.

EXT.P2: TRUE COPY OF THE WORK ORDER BEARING NO. 804/15 DT. 19/3/15 ISSUYED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P3: TRUE COPY OF THE PROCEEDINGS NO. KRE/1/1568/15 DT. 2/6/15 OF THE CORPORATION OF KOCHI ISSUED TO THE PETITIONER. EXT.P4: TRUE COPY OF THE COMPLAINT DT. 23/6/15 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT AND COPY OF WHICH SEND TO 3RD RESPONDNET.

EXT.P4(a): TRUE COPY OF THE POSTAL RECEIPT BEARING NO. RL 660960491 IN DT. 24/6/15 FOR HAVING SEND EXT.P4 TO THE 2ND RESPONDENT.

EXT.P4(b): TRUE COPY OF THE PPOSTAL RECEIPT BEARING NO. RL 660960616 IN DT. 24/6/15 FOR HAVING SEND EXT.P4 TO THE 3RD RESPONDENT.

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

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

---------------------------------- W.P.(C) No.20343 of 2015 ------------------------------------- Dated this the 16th day of July 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

By this writ petition, the petitioner has prayed for a direction to respondents 1 to 3 to afford necessary police protection to the petitioner and the employees and contractors of the Kerala Water Authority to enable the contractors of Kerala Water Authority to carry out the laying of pipe line to the building of the petitioner without any hindrance from any persons. 3.

Learned Government Pleader points out that the work had to be completed by 12.6.2015, which is clear from Ext.P3. It is submitted that although a complaint was sent by registered post, Ext.P4 dated 23.6.2015, there being no details of location and place, the police authorities could not locate the spot. It is submitted that if there is any undue obstruction, the police authorities shall extend protection for laying the pipe line as sanctioned by the competent authority.

W.P.(C) No.20343 of 2015 -: 2 :- 4.

We are of the view that ends of justice be served in giving an opportunity to the petitioner to submit appropriate complaint to the 3rd respondent, if there is any obstruction in carrying out the sanctioned work. In such an event, the police authorities shall look into the matter and do the needful. With the above observation, this writ petition is disposed of.

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