High Court of KeralaWP(C)/33871/2014closed

Nikunjam Constructions Pvt. Ltd. v. State Of Kerala

2015-12-16Honourable The Chief Justice Mr.Ashok Bhushan8 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WP(C).No. 33871 of 2014 (H) ---------------------------- PETITIONER:

----------- NIKUNJAM CONSTRUCTIONS PVT. LTD., INDRAPRASTHAM, TC4/2554(3), PATTOM-KOWDIYAR ROAD, PATTOM P.O.

THIRUVANANTHAPURAM-695504 REPRESENTED BY ITS MANAGING DIRECTOR.

BY ADVS.SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.R.BINDU SRI.JOHNSON JOSE PANJIKKARAN SMT.PRABHA JOSE SMT.P.ANJANA SRI.T.S.ABDUL KHADER RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY DEPARTMENT OF HOME AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE CITY COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY OFFICE OF THE CITY COMMISSIONER OF POLICE THIRUVANANTHAPURAM-695007.

3. ASSISTANT COMMISSIONER OF POLICE, OFFICE OF ASSISTANT COMMISSIONER OF POLICE SHANKUMUGHAM, THIRUVANANTHAPURAM-695007.

4. SUB INSPECTOR OF POLICE PETTAH POLICE STATION, THIRUVANANTHAPURAM-695024.

5. CIRCLE INSPECTOR OF POLICE CIRCLE OFFICE, PETTAH, THIRUVANANTHAPURAM-695024.

6. GOPAKUMAR COUNSELLOR, KADAKAMPALLY WARD RESIDING AT T.C.30/279 SREENILAYAM, KALLUMOODU ANAYARA, THIRUVANANTHAPURAM-695029.

R6 BY ADV. SRI.THOMAS ABRAHAM R6 BY ADV. SMT.MERCIAMMA MATHEW R6 BY ADV. SRI.V.RENJITH KUMAR R6 BY ADV. SRI.ASWIN.P.JOHN BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33871 of 2014 (H) ---------------------------- APPENDIX PETITIONER'S EXHIBITS:

-------------------- EXHIBIT P1: TRUE COPY OF THE BUILDING PERMIT, ISSUD BY THE TRIVANDRUM CORPORTION, FOR THE CONSTRUCTION OF THE 12 STORIED RESIDENTIAL BUILDING, DATED 28.5.2013.

EXHIBIT P1(A): TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBHIT P1. EXHIBIT P2: TRUE COPY OF THE JUDGMENT DATED 11.10.2013 IN WPC NO.23580 OF 2013.

EXHIBIT P3: TRUE COPY OF THE COMPLAINT DATED 18.9.2014 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P4: TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF COMPLAINT GIVEN BY THE 5TH RESPONDENT.

EXHIBIT P4(A): TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P4. EXHIBIT P5: TRUE COPY OF THE REPRESENTATION DATED 13.11.2014 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXHIBIT P6: THE ACKNOWLEDGMENT OF RECEIPT OF THE COMPLAINT GIVEN BY THE 5TH RESPONDENT.

EXHIBIT P6(A): TRUE COPY OF ENGLISH TRANSLATION OF EXHIBIT P6. EXHIBIT P7: TRUE COPY OF THE REPRESENTATION DATED 13.11.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P8: THE ACKNOWLEDGMENT EVIDENCING RECEIPT OF THE COMPLAINT ISSUED BY THE OFFICE OF THE DISTRICT POLICE CHIEF. EXHIBIT P9: TRUE COPY OF THE LETTER DATED 31.10.2014 ISSUED BY M/S. GEO FOUNDATIONS AND STRUCTURES (P) LTD. TO THE PETITIONER. EXHIBIT P10: TRUE COPY OF F.I.R NO.1326 OF 2014 DATED 5.12.2014 BEFORE THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM. EXHIBIT P11: TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P10. EXHIBIT P12: THE PHOTOGRAPH TAKEN IMMEDIATELY AFTER THE ILLEGAL ACTS WERE COMMITTED BY THE 6TH RESPONDENT AND HIS HENCHMEN. EXHIBIT P13: TRUE COPY OF THE COMPLAINT DATED 10.12.2014 SUBMITTED BY THE PETITIONER BEFORE THE CITY POLICE COMMISSIONER THIRUVANANTHAPURAM, THE 2ND RESPONDNET.

EXHIBIT P14: TRUE COPY OF THE ACKNOWLEDGMENT INDICATING THE RECEIPT OF THE REPRESENTATION DATED 10.12.2014 ISSUED BY THE CITY POLICE COMMISSIONER, THIRUVANANTHAPURAM.

RESPONDENTS' EXHIBITS:NIL -------------------- /TRUE COPY/ P.S TO JUDGE cl

ASHOK BHUSHAN, CJ. & K. RAMAKRISHNAN, J.

.................................................. ....................................................... Dated this the 16th day of December, 2015

JUDGMENT

Ashok Bhushan, CJ.

Heard learned counsel for the petitioner, learned State Attorney, learned Government Pleader as well as learned counsel for the 6th respondent.

2. This writ petition has been filed by the petitioner seeking a direction to respondents 1 to 5 to provide sufficient protection for carrying out his construction works from the obstruction and threat of the 6th respondent and his henchmen.

3. Petitioner's case is that obstruction is created in the construction activities by the 6th respondent who has been acting as a councillor. Petitioner had earlier also come up in W.P.(C)No.23580/2013, where an order has been passed on 11.10.2013 providing police protection.

4. Learned counsel for the 6th respondent submits that there are violations in the construction.

5.This Court passed an interim order on 16th December, 2014 directing respondents 4 and 5 to take appropriate steps to ensure that no obstruction is created in the petitioner's work

site.

5. Learned counsel for the petitioner submits that the construction work is going on with the protection provided by the police.

In so far as the submission of the 6th respondent is concerned, for any alleged violation, it is for the competent local authority to take appropriate action. However, no physical obstruction can be caused to the construction on the said ground. In the above view of the matter, we close the writ petition with direction to respondents 4 and 5 to ensure that there is no obstruction in carrying out the work in accordance with Ext.P1.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- K. RAMAKRISHNAN, JUDGE.