Kerala High Court
M/S.Anta Builders & Developers Pvt.Ltd vs State Of Kerala on 5 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:67507
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 30645 OF 2024
PETITIONERS:
1 M/S.ANTA BUILDERS & DEVELOPERS PVT.LTD.,
PRIME HEIGHTS - TC 3/2672(3), MARAPPALAM ROAD,
PATTOM P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS
MANAGING DIRECTOR, MIDHUN KURUVILLA KURIEN,
S/O.V.K.KURUVILLA, AGED 43, RESIDING AT VANDANATHIL
HOUSE, MANGATTOOR, KOLENCHERY, KOLENCHERY P.O.,
ERNAKULAM DISTRICT, PIN - 682311
2 MIDHUN KURUVILLA KURIEN,
AGED 43 YEARS,
S/O.V.K.KURUVILLA, RESIDING AT VANDANATHIL HOUSE,
MANGATTOOR, KOLENCHERY, KOLENCHERY P.O.,
ERNAKULAM DISTRICT, PIN - 682311
BY ADVS.
M.SREEKUMAR
S.SREEKUMAR (SR.)(S-571)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT,
THIRUVANNTHAPURAM, PIN - 695001
2 DIRECTOR GENERAL OF POLICE/STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695001
3 ADDITIONAL DIRECTOR GENERAL OF POLICE (LAW AND ORDER)
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695001
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WP(C) NO. 30645 OF 2024
2
4 COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY
THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014
5 STATION HOUSE OFFICER, MUSEUM POLICE STATION
MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
6 STATION HOUSE OFFICE, PETTAH POLICE STATION
PETTAH P.O., THIRUVANANTHAPURAM, PIN - 695024
7 PRAVEEN T.T
MANAGING DIRECTOR, M/S.MICHAEL BUILDERS & DEVELOPERS
PVT.LTD., RESIDING AT TC 16/882/18, MICHAEL HOUSE,
L.P.SCHOOL ROAD, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
BY ADVS.
ARUN.B.VARGHESE
V.V.SIDHARTHAN (SR.)(S-455)
RAKHI RAJ(K/001996/2020)
SRI. S. SREEKUMAR SR. FOR PETITIONER.
SRI. P.S. APPU, GP. SRI. V.V. SIDHARTHAN FOR R7.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 30645 OF 2024
3
JUDGMENT
The relief sought in this writ petition is to direct
respondents 1 to 6 to provide police protection against
obstruction of the petitioners' construction work by the 7 th
respondent and his men. The learned senior counsel appearing
for the 7th respondent submitted that, although the 7 th
respondent has no intention of obstructing the construction, his
right to seek civil remedies shall not be effected by the
pendency of this writ petition and the interim order of this
court. In so far as the 7th respondent has made it clear that he
has no intention of obstructing the construction, the writ
petition is closed. The petitioners liberty to seek appropriate
remedies in the event of obstruction is left open. It is made
clear that, I have not entered into the merits of the contentions
raised.
Sd/-
V.G.ARUN
JUDGE
msp
2024:KER:67507
WP(C) NO. 30645 OF 2024
APPENDIX OF WP(C) 30645/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SETTLEMENT AGREEMENT DATED
25/07/2024 EXECUTED BETWEEN THE 1ST
PETITIONER AND THE CONTRACTOR
Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 22..09..2021
EXECUTED BETWEEN THE PETITIONER AND THE
CONTRACTOR
Exhibit P3 TRUE COPY OF THE REPORT OF THE PROJECT
MANAGEMENT CONSULTANT, M/S. SAMANTO
ASSOCIATES (P) LTD. DATED 29..04..2024
Exhibit P4 TRUE COPY OF THE EMAIL DATED 22..05..2024
ISSUED BY THE 1ST PETITIONER TO THE 7TH
RESPONDENT
Exhibit P5 TRUE COPY OF THE EMAIL DATED 13..08..2024
SENT BY THE 1ST PETITIONER TO THE 7TH
RESPONDENT
Exhibit P6 TRUE COPY OF THE EMAIL DATED 14..08..2024
SENT BY THE 7TH RESPONDENT
Exhibit P7 TRUE COPY OF THE LAWYER’S NOTICE DATED
21..08..2024 ISSUED BY THE 1ST PETITIONER TO
THE CONTRACTOR
Exhibit P8 PHOTOGRAPHS TAKEN FROM THE CCTV INSTALLED IN
THE OFFICE OF THE 1ST PETITIONER SHOWING THE
PRESENCE OF THE 7TH RESPONDENT AND HIS
HENCHMEN IN THE OFFICE
Exhibit P9 PHOTOGRAPHS TAKEN FROM THE CCTV INSTALLED IN
THE OFFICE OF THE 1ST PETITIONER SHOWING THE
PRESENCE OF THE 7TH RESPONDENT AND HIS
HENCHMEN IN THE OFFICE
Exhibit P10 TRUE COPY OF THE COMPLAINT DATED 23..08..2024
FILED BY THE SENIOR MANAGER-GENERAL
ADMINISTRATION AND PURCHASE BEFORE THE 2ND
RESPONDENT
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WP(C) NO. 30645 OF 2024
Exhibit P11 TRUE COPY OF THE COMPLAINT DATED 23..08..2024
FILED BY THE SENIOR MANAGER-GENERAL
ADMINISTRATION AND PURCHASE BEFORE THE 3RD
RESPONDENT
Exhibit P12 TRUE COPY OF THE COMPLAINT DATED 23..08..2024
FILED BY THE SENIOR MANAGER-GENERAL
ADMINISTRATION AND PURCHASE BEFORE THE 4TH
RESPONDENT
Exhibit P13 TRUE COPY OF THE COMPLAINT DATED 23..08..2024
FILED BY THE SENIOR MANAGER-GENERAL
ADMINISTRATION AND PURCHASE BEFORE THE 5TH
RESPONDENT
Exhibit P14 TRUE COPY OF THE COMPLAINT DATED 23..08..2024
FILED BY THE SENIOR MANAGER-GENERAL
ADMINISTRATION AND PURCHASE BEFORE THE 6TH
RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R7(A) A TRUE COPY OF EMAIL DATED 05.01.2022 SEND BY
M/S MICHAEL BUILDERS AND DEVELOPERS PVT. LTD
TO THE WRIT PETITIONERS
EXHIBIT R7(B) A TRUE COPY OF ALLOTMENT AGREEMENT DATED
07.07.2022 ENTERED BETWEEN THE 1 ST WRIT
PETITIONER AND THE M/S MICHAEL BUILDERS AND
DEVELOPERS PVT. LTD
EXHIBIT R7(C) A TRUE COPY OF AGREEMENT DATED 25.07.2024
ENTERED BETWEEN THE 1 ST WRIT PETITIONER AND
THE M/S MICHAEL BUILDERS AND DEVELOPERS PVT.
LTD
EXHIBIT R7(D) A TRUE COPY OF PLAINT IN O.S NO:1310 /2024
PENDING ON THE FILES OF MUNSIFF COURT
THIRUVANANTHAPURAM
EXHIBIT R7(E) A TRUE COPY OF I.A NO: 1/2024 IN O.S NO:
1310/2024 PENDING ON THE FILES OF MUNSIFF
COURT THIRUVANANTHAPURAM
