Johnsent T vs State Police Chief
2021 Latest Caselaw 3809 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                      W.P.(C) No.21389 OF 2020(W)


PETITIONER:

               JOHNSENT T.,
               AGED 56 YEARS, S/O. THANKAYYAN,
               PWD CONTRACTOR,
               KRIPA BHAVAN,
               IRUMBIL, ARUVIPURAM P.O.,
               NEYYATTINKARA, THIRUVANANTHAPURAM.

               BY ADVS.
               SRI.S.MOHAMMED AL RAFI
               SRI.K.PREMAKUMAR

RESPONDENTS:

      1        STATE POLICE CHIEF,
               POLICE HEAD QUARTERS,
               THIRUVANANTHAPURAM-695 010.

      2        THE DEPUTY SUPERINTENDENT OF POLICE,
               ATTINGAL, THIRUVANANTHAPURAM-695 101.

      3        THE STATION HOUSE OFFICER,
               CHIRAYINKIL POLICE STATION,
               THIRUVANANTHAPURAM-695 304.

      4        THE THIRUVANANTHAPURAM DISTRICT PANCHAYATH
               REPRESENTED BY ITS SECRETARY, PATTOM,
               THIRUVANANTHAPURAM-695 004.

      5        THE ASSISTANT EXECUTIVE ENGINEER,
               L.S.G.D. DIVISION,
               THIRUVANANTHAPURAM DISTRICT PANCHAYATH,
               THIRUVANANTHAPURAM-695 004.

      6        VINEETHA,
               D/O. VASANTHA,
               S.V. HOUSE,
               VALIYAELA, KOONTHALLOOR,
               CHIRAYINKIL P.O.,
               THIRUVANANTHAPURAM-695 304.
 W.P.(C) No.21389 OF 2020(W)
                                -2-

          7    SHIJU @ VIVEK,
               S/O. SURAN,
               UTHRADAM,
               VALIYAELA, KOONTHALLOOR,
               CHIRAYINKIL P.O.,
               THIRUVANANTHAPURAM-695 304.

     R4        BY SRI.THOMAS ABRAHAM, STANDING COUNSEL,
               THIRUVANANTHAPURAM DISTRICT PANCHAYAT

     R1-R3,R5 SRI.SUNIL NATH N.B., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.21389 OF 2020(W)
                                     -3-


                                JUDGMENT

The petitioner, who is a PWD contractor, who was awarded

the work of "improvements to Erattukalungu Road in Kizhuvillam

Grama Panchayat", by Ext.P1 selection notice and Ext.P2

agreement dated 29.04.2020, has filed this writ petition under

Article 226 of the Constitution of India, seeking a writ of

mandamus commanding respondents 1 to 3 to render necessary

and adequate police protection to undertake the work of

"improvements to Eratttukalungu-Kizhuvillam Grama Panchayat"

in the 16th Ward of Kizhuvillam Grama Panchayat without any let,

hindrance and physical obstruction from respondents 6 and 7 and

their men.

2. On 12.10.2020, when this writ petition came up for

admission, notice before admission was ordered to the

respondents. The learned Government Pleader took notice for

respondents 1 to 3 and 5. The learned Standing Counsel took

notice for the 4th respondent. Urgent notice by speed post was

ordered to respondents 6 and 7. This Court granted an interim

order directing the 3rd respondent to ensure that law and order is

maintained and if requested for, to afford adequate protection to W.P.(C) No.21389 OF 2020(W)

the petitioner to undertake the works of "improvements to

Eratttukalungu-Kizhuvillam Grama Panchayat" in Ward No.16 of

Kizhuvillam Grama Panchayat without any threat or physical

obstruction from respondents 6 and 7.

3. Despite service of notice, none appears for respondents

6 and 7.

4. Today, when the matter is taken up for consideration,

the learned Government Pleader would point out that the

construction of the work undertaken by the petitioner, namely,

"improvements to Erattukalungu Road in Kizhuvillam Grama

Panchayat", has already been completed.

In such circumstances, this writ petition is closed, recording

the fact that the construction of the work undertaken by the

petitioner has already been completed.

Sd/-

ANIL K. NARENDRAN JUDGE bpr W.P.(C) No.21389 OF 2020(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE NO.1609/EE/LSGD/2020 DATED 17.03.20, ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 29.04.20 EXECUTED BETWEEN THE PETITIONER AND 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE LETTER NO. D/1609-

EE/LSGD/2020-2021 DATED 29.04.20 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 6.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENTS' EXHIBITS: NIL