High Court of KeralaWP(C)/34823/2014disposed of

Harindran P v. The State Of Kerala

2015-01-20Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

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 TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).No. 34823 of 2014 (C) ---------------------------- PETITIONER(S):

------------ HARINDRAN P AGED 53 YEARS S/O.PEETHAMBARAN, PROPRIETOR, H.R.ASSOCIATES NEDUMPRAM, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT(S):

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1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-1.

2. DISTRICT POLICE CHIEF ALAPPUZHA.

3. SUB INSPECTOR OF POLICE EDATHUWA POLICE STATION, EDATHUWA P.O.

ALAPPUZHA DISTRICT.

4. BINU GOPALAN (CONVENER OF BMS) PAZHAYACHIRAYIL HOUSE, ANAPRAMBAL NORTH P.O.

THALAVADY, PIN-689572.

5. REGHUNATHAN (LEADER OF INTUC) KARATHETHIL HOUSE, ANAPRAMBAL NORTH P.O.

THALAVADY-689572.

BY GOVERNMENT PLEADER SRI. P.I. DAVIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34823 of 2014 (C) APPENDIX PETITIONER'S EXTS:

EXT.P1: TRUE COPY OF THE AGREEMENT FOR CONSTRUCTION DATED 27-11-2014 BETWEEN THE PETITIONER AND THE LANDLORD EXT.P1(A): ENGLIS TRANSLATION OF EXT.P12 EXT.P2:

TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE SEND RESPONDENT DATED 18-12-2014.

/TRUE COPY/ P.S. to Judge

ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.

....................................................... W.P.C. No. 34823 of 2014 - C ....................................................... Dated this the 20th day of January, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard the learned counsel for the petitioner and the learned Government Pleader.

Notices were issued to respondents 4 and 5 which also have been served. But no one has appeared on their behalf.

3. By this Writ Petition, the petitioner has prayed for a direction commanding respondents 1 to 3 to afford adequate police protection to the petitioner and his employees to do the construction work including loading and unloading of materials in property comprised in Re-survey No. 451/10 of Thalavadi Village, without any obstruction from respondents 4 and 5.

W.P.C. No. 34823 of 2014 - C 4.

Petitioner's case is that the area is not a scheme covered area and without there being any justification, respondents 4 and 5 had created obstruction. No one has appeared on behalf of respondents 4 and 5 in spite of service of notice. We find sufficient grounds in the Writ Petition to issue the direction as prayed for.

Accordingly, the Writ Petition is disposed of directing the 3rd respondent to ensure that no obstructions are created by respondents 4 and 5 in the construction work including loading and unloading of materials in the work site.

Sd/- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge