Wva Consulting Engineers Pvt. Ltd vs The State Of Kerala
2022 Latest Caselaw 6384 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                        WP(C) NO. 14384 OF 2022
PETITIONER:

            WVA CONSULTING ENGINEERS PVT. LTD.,
            IV/740, 741, 2ND FLOOR, BETHEL TOWERS, NEAR KSEB,
            KOLENCHERY, ERNAKULAM DISTRICT, PIN -682 311
            REPRESENTED BY THE AUTHORIZED OFFICER - AKHIL C.A.
            BY ADVS.
            K.V.JAYADEEP MENON
            T.P.RAMESH (THENGUMPILLIL)
            P.KRISHNAPRIYA
            P.RAJEEVE
            JINS.P.JOHN
RESPONDENTS:

    1       THE STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695 001.
    2       THE DISTRICT POLICE CHIEF
            OFFICE OF THE DISTRICT POLICE CHIEF, OPPOSITE POWER
            HOUSE, SH 16, ALUVA, KERALA 683101.
    3       THE CIRCLE INSPECTOR OF POLICE,
            (STATION HOUSE OFFICER) BINANIPURAM POLICE STATION,
            MUPPATHADAM, ALUVA, ERNAKULAM DISTRICT, KOCHI,
            KERALA 682011.
    4       ADDL.R4. BADHUSHA
            MEPPILLY'S SAFER, ELOOKKARA, ALUVA, PIN - 683 110
    5       ADDL.R5. RAMEES
            S/O.BADHUSHA, MEPPILLY'S SAFER, ELOOKKARA,
            ALUVA, PIN - 683 110
    6       ADDL.R6. ASLAM
            S/O.HASSAN, MADAVANA HOUSE, ELOOKKARA,
            ALUVA, PIN - 683 110
    7       ADDL.R7 SREERAJ
            PURATHEPARAMBIL HOUSE, ELOOKKARA, ALUVA, PIN - 683 110

            [ADDITIONAL R4 TO R7 ARE IMPLEADED AS PER ORDER DATED
            18.05.2022 IN I.A.2/2022 IN WP(C)14384/2022.]
            SRI.T.K.SHAJAHAN-SR.GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14384 OF 2022

                                         2


                                 JUDGMENT

Dated this the 3rd day of June, 2022 This writ petition is filed seeking the following prayers:

"(i) To issue a writ of mandamus or any other appropriate writ, order or direction compelling and commanding the respondents 2nd and 3rd to afford necessary and effective police protection for petitioner to continue with the construction work and for material mobilisation to the work site at Elookkara in Kadungalloor Grama Panchayath or otherwise.

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction compelling and commanding the respondents 2 and 3 to consider Exhibit P2 complainant and to take necessary actions thereon in accordance with law to provide adequate protection to the life and property of the staff and workers of the petitioner company, within a time frame as this Honourable Court may consider appropriate."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader. Though it is noted in the file that notice has been

taken out to respondents 4 to 7, there is no appearance today and no

counter affidavit is also seen in file.

3. The learned Government Pleader submits, on instructions, that the

objection of the residents of the locality is with regard to the taking of

large vehicles through the roads in question and that they have no

objection to the petitioner carrying out the construction with small WP(C) NO. 14384 OF 2022

vehicles.

4. The learned counsel for the petitioner submits that the petitioner

is not using any vehicles having loading capacity of more than 10 tons

and that the petitioner is intending to use only smaller vehicles and

undertakes that there will be no damage caused to the compound walls

by the activities of the petitioner.

5. In the above view of the matter, in case the petitioner is carrying

out the construction activity without causing any damage to the

compound walls adjoining the road and by using small vehicles alone

and if there is any obstruction caused by respondents 4 to 7 or anybody

claiming through them, the petitioner may inform the Station House

Officer who shall afford due protection to the lawful activities carried

out by the petitioner in the work site and for the transportation of

vehicles therein.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 14384 OF 2022

APPENDIX OF WP(C) 14384/2022

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE BUILDING PERMIT NO.A4-1140(3070 2019-20 DATED 26.02.2020 ISSUED BY THE KADUNGALLOOR GRAMA PANCHAYATH. Exhibit P2 THE TRUE PHOTOCOPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER COMPANY BEFORE THE 3RD RESPONDENT DATED 16.04.2022.

RESPONDENTS' EXHIBITS: NIL