Seenakumari.N v. The Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 WP(C).No. 27706 of 2015 (K) ---------------------------- PETITIONER(S) :- ----------------- SEENAKUMARI.N., AGED 49 YEARS W/O.P.S.BAIJU, SEENA SADANAM, VECHUSSERIL HOUSE SANATHANAM WARD, ALAPPUZHA.

BY ADVS.SRI.S.SANAL KUMAR SRI.M.T.SURESHKUMAR SMT.T.J.SEEMA SMT.BHAVANA VELAYUDHAN SMT.SMITHA PHILIPOSE RESPONDENT(S) :- -------------------

1. THE SUB INSPECTOR OF POLICE ALAPPUZHA NORTH POLICE STATION ALAPPUZHA DISTRICT - 688 001.

2. THE DISTRICT POLICE CHIEF, ALAPPUZHA - 688 001.

3. LALU, CONVENER HEADLOAD & GENERAL WORKERS UNION (CITU) ST.MARY'S UNIT, PATTANIMUKKU, NEAR Y.M.C.A.

ALAPPUZHA - 688 013.

4. VARGHESE @ VARKEY ALAPPUZHA DISTRICT CONSTRUCTION UNIT (CITU), PATTANIMUKKU, NEAR Y.M.C.A., ALAPPUZHA - 688 013.

5. GOPAN, CONVENER, CONSTRUCTION AND GENERAL MAZDOOR SANGHAM REG. NO.495/82, POONTHOPPU, ALAPPUZHA - 688 006. R1 & R2 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27706 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1- TRUE COPY OF THE BUILDING PLAN.

EXT.P2- TRUE COPY OF THE BUILDING PERMIT NO.E3B-1583/13 DATED 20.12.2013 ISSUED BY THE EXECUTIVE ENGINEER, L.S.G.D., ALAPPUZHA MUNICIPALITY.

EXT.P3- TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 8.9.2015.

EXT.P3(a)- TRUE ENGLISH TRANSLATION OF EXT P3. EXT.P4- TRUE COPY OF THE RECEIPT NO.P1-736/15 B2 DATED 9.9.2015 ISSUED BY THE OFFICE OF THE SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH.

EXT.P4(a)- TRUE ENGLISH TRANSLATION OF EXT P4. RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

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

---------------------------------- W.P.(C) No.27706 of 2015 --------------------------------------- Dated this the 14th day of September 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.

No notice is required to be issued to respondents 3 to 5, in view of the order, which is being passed in the writ petition. 3.

The petitioner has come up with the writ petition seeking for police protection for construction of his residential house. It is submitted that when the petitioner, with Ext.P2 permit, has started construction of the residential house, undue interference is caused by respondents 3 to 5 and their workers. Though a complaint was given to the police to provide adequate protection, no action has been taken in the matter and therefore, the petitioner has approached this Court.

4.

Learned State Attorney on instructions would submit that after receipt of the complaint on 9.9.2015, the party respondents were called on 10.9.2015, but they did not appear. It is submitted that the police authorities are ready to provide

W.P.(C) No.27706 of 2015 -: 2 :- protection for construction from interference by respondents 3 to 5.

Recording the aforesaid submission made by the learned State Attorney, this writ petition is closed observing that as and when request is received, the first respondent shall take appropriate measures so that no interference is caused in the matter relating to construction of residential building by the petitioner.

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