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K.M.Aboobacker Haji

High Court Of Kerala|20 October, 2014
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JUDGMENT / ORDER

Shaffique, J.
Petitioner has approached this Court seeking for a direction to respondents 1 to 4 to provide adequate police protection to the life and property of the petitioner and the workers of the petitioner.
2. According to the petitioner, he had obtained Ext.P1 building permit dated 10.10.2013 from the Grama Panchayat concerned. But, party respondents are not permitting him to carry on any construction work in the property. The work is being carried on in an extent of 3.73 acres of land in Survey No. 95/2 of Adat Village, Thrissur District. Ext.P1 would show that the petitioner intends to construct a residential building in the property comprising of Survey No.95/2 of Adat Village, Thrissur District and the area involved is 532.30 M2.
WP(C) No. 26002 of 2014 -:2:-
3. Though notice was ordered to party respondents and service is complete, there is no appearance.
4. Learned Government Pleader on instructions would submit that the apprehension expressed by the people in the locality is that, the removal of earth from the property of the petitioner may cause soil erosion and affect the lateral support to the property of the neighbouring residents. Perusal of Ext.P1 itself would show that the Panchayat had given permission on condition that the petitioner shall provide necessary retaining wall and other structures. Under such circumstances, we do not think that the party respondents are entitled to obstruct the construction of the building by the petitioner.
5. The petitioner has already filed a complaint before the Police as Ext.P4 seeking police protection. If there is any obstruction from the part of party respondents or their men in the matter, the Police is bound to provide necessary protection and maintain law and order situation.
In the result, the Writ Petition is disposed of as under:
WP(C) No. 26002 of 2014 -:3:-
Respondents 3 and 4 shall ensure that no law and order situation is created in the matter relating to construction of building by the petitioner pursuant to Ext.P1 building permit.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/20/10
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Title

K.M.Aboobacker Haji

Court

High Court Of Kerala

JudgmentDate
20 October, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • P Vijaya Bhanu
  • Sri Ajeesh K Sasi
  • Sri Unni Sebastian
  • Kappen