Shaffique, J.
The petitioner has approached this Court seeking police protection. According to the petitioner, she has ownership and possession of a property having an extent of 12.14 Ares in Re- survey No.401/18-1 in Block No.12 of Peringanadu Village. In order to level her property, she requires to remove the ordinary sand, for which, she had obtained permission from the Geologist as per Ext.P4. She was permitted to remove the ordinary sand up to 19.11.2014. The intention of the petitioner is to construct a building in the property, for which, she has obtained building permit dated 22.9.2014 from the Secretary, Pallickal Grama Panchayat as per Ext.P2. When the petitioner tried to remove the ordinary earth from her property, the same was obstructed by the party respondents. She filed a complaint before the police seeking police protection. Since no action has been taken so far in the matter, she has approached this Court.
2. Though notice was served on the party respondents 4 W.P.(C) No.30499 of 2014 -: 2 :-
to 8, only the 8th respondent has filed counter affidavit inter alia stating that the 8th respondent has no property on the adjacent side of the petitioner's property and that his daughter has an item of property and she has already filed a suit as O.S.No.475 of 2014 before the Munsiff's Court, Adoor seeking for permanent prohibitory injunction restraining the petitioner herein from removing soil from the petitioner's property, which may affect the lateral support of the plaint schedule property in the said suit. It is stated that so far no order has been passed in the matter. But the Advocate Commissioner has filed a report.
3. Learned counsel for the petitioner submits that so far no injunction has been granted in the matter. The petitioner has already applied for renewal of the permit as per Ext.P8. The petitioner has to remove the ordinary earth only after the Senior Geologist extends the time and subject to further orders to be passed by the civil court.
4. So far as the complaint of the petitioner is concerned, the petitioner owns the property and she has every right to remove ordinary earth from her property if it is permitted by the statutory authority. Such an action on the part of the petitioner cannot be obstructed by the party respondents or their men.
W.P.(C) No.30499 of 2014 -: 3 :-
However, the right of the petitioner will be subject to any other order that may be passed in the suit which is pending or might be filed by the party respondents. Under such circumstances, we are of the view that if there is any illegal obstruction from the party respondents, the police has to take necessary action in accordance with law.
In the result, this writ petition is disposed of as follows :-
Respondents 1 and 2 shall ensure that no law and order situation is created in the matter relating to removal of ordinary earth from the petitioner's property on condition that the petitioner should get appropriate permission from the Senior Geologist. The aforesaid order should be subject to any further orders that might be passed by the civil court in those matter.
Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Jvt Sd/-
A.M. SHAFFIQUE J UDGE