IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31812 of 2009(V)
1. PATHUKUTTY UMMA,
... Petitioner
2. ASARATH VEERAN,
3. IQUBAL,
4. MUJEEB RAHMAN,
5. KUNHAYAMKUTTY,
Vs
1. ABDUL JALEEL,
... Respondent
2. ABDUL GAFOOR, S/O. LATE CHEMBAKASSERY
3. ABDUL KALAM AZAR,
4. SAINABA,
5. THE SUB INSPECTOR OF POLICE,
6. THE CIRCLE INSPECTOR OF POLICE,
7. THE SUPERINTENDENT OF POLICE,
For Petitioner :SRI.R.RAJESH KORMATH
For Respondent :SRI.P.SAMSUDIN
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :08/12/2009
O R D E R
KURIAN JOSEPH & C.T. RAVIKUMAR, JJ.
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W.P. (C) NO. 31812 OF 2009
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Dated this the 8th day of December, 2009
JUDGMENT
Kurian Joseph, J.
This Writ Petition is filed with the following prayer:
“To issue a writ of mandamus or any other
appropriate writ, direction or order
commanding respondents 5 to 7 to afford
adequate police protection to the petitioners to
carry out the construction works in the
property scheduled to Exhibit P2.”
2. The learned counsel appearing for respondents 1 to 3 submits
that the said respondents have no intention to physically obstruct the
petitioners in making the constructions. However, it is submitted that the
petitioners do not have valid title for the 4 cents of property of which
they claim to be the owners in possession. This is seriously disputed by
the petitioners. Be that as it may, so long as the petitioners are not validly
prevented by any competent forum and so long as they possess valid
permit for construction, there cannot be any obstruction. In the unlikely
event of any such obstruction, the police will render necessary assistance
W.P.(C) NO. 31812/2009 2
and protection to the petitioners to complete the construction, in case there
is no interdiction from any civil court or any other competent authority.
Counsel for respondents 1 to 3 prays that the right of the said respondents
to approach the civil court may not be affected by this judgment. We are
afraid, the apprehension of respondents 1 to 3 has no basis. This judgment
will not stand in their way and permission of this Court is not necessary
for them to exercise their civil right, if any, before the appropriate forum,
if permitted under law.
The Writ Petition is disposed of as above.
(KURIAN JOSEPH)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
sp/
W.P.(C) NO. 31812/2009 3
KURIAN JOSEPH
&
C.T. RAVIKUMAR, JJ.
W.P.(C)NO.31812/2009
JUDGMENT
8th December, 2009
W.P.(C) NO. 31812/2009 4