Malabar Builders India Ltd. vs The Sub Inspector Of Police on 23 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14297 of 2008(B)


1. MALABAR BUILDERS INDIA LTD., D4,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. THE ASST. COMMISSIONER OF POLICE,

3. PRATHAP KUMAR, COUNSELLOR,

4. K.T.SUSHAJ, MEMBER, CPI(M) LOCAL

5. UDAYAKUMAR, MEMBER,

6. P.BABU, WORKER, CPI(M) LOCAL COMMITTEE

7. CPI(M) LOCAL COMMITTEE,

                For Petitioner  :SRI.ANIL THOMAS(T)

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice K.HEMA

 Dated :23/05/2008

 O R D E R
             K.BALAKRISHNAN NAIR & K.HEMA,JJ.

                  -----------------------------------------
                     W.P(C).No.14297 OF 2008
                  -----------------------------------------

              Dated this the 22nd day of May, 2008

                              JUDGMENT

Balakrishnan Nair, J.

The petitioner is a builder. It owns about 12 acres of land in

Kottooli Village within the limits of Kozhikode Corporation. It has

obtained Exhibit P1 development permit for developing the said

land. When the work started in the field, persons in the

neighbourhood, under the leadership of respondents 3 to 7, started

causing obstruction. The petitioner moved the police seeking

protection. But, no help was forthcoming from them. Therefore, this

Writ Petition is filed seeking appropriate reliefs.

2. The police do not have a duty to peruse the documents and

permits obtained by the petitioner, to render a finding that the

petitioner has got a right to develop the land and the neighbours

have no right to obstruct them and thereafter render protection. In

this jurisdiction, we are concerned about the failure of the duty of

the police. Further, we are not justified in undertaking the exercise

of rendering a finding of the right of the petitioner and based on

that, issuing a direction to the police. If the party respondents are

WP(C).14297/08 2

causing obstruction, the remedy of the petitioner lies before the

competent civil court. Accordingly, the Writ Petition is dismissed,

without prejudice to the contentions of the petitioner and its right

to move the competent civil court for appropriate reliefs.

K.BALAKRISHNAN NAIR, JUDGE

K.HEMA, JUDGE

vgs.