Kerala High Court
Abdul Nouphal vs Mannarkkad Municipality on 25 April, 2025
WP(C)NOS.16917 & 11936 OF 2025 2025:KER:33128
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
WP(C) NO. 16917 OF 2025
PETITIONER:
M.T. BALACHANDRAN
AGED 62 YEARS
S/O. M.T. NARAYANANKUTTY GUPTAN, MUSALIATH
THAZHATHETHIL HOUSE, ARAKURRISI, MANNARKKAD,
PALAKKAD, PIN - 678582
BY ADV LIGEY ANTONY
RESPONDENTS:
1 STATION HOUSE OFFICER
MANNARKKAD POLICE STATION, MANNARKKAD,
PALAKKAD, PIN - 678582
2 ABDUL NOUPHAL
S/O. MOHAMMED CHEERATHADAYAN HOUSE, MUNDAKAROD,
MANNARKKAD, PALAKKAD, PIN - 678582
3 MANNARKKAD MUNICIPALITY
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
MANNARKKAD, PALAKKAD, PIN - 678582
SMT RESMI THOMAS-GP; SRI P R VENKATESH-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2025, ALONG WITH WP(C).11936/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)NOS.16917 & 11936 OF 2025 2025:KER:33128
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
WP(C) NO. 11936 OF 2025
PETITIONER:
ABDUL NOUPHAL,
AGED 49 YEARS
S/O MOHAMMED CHEERATHADAYAN HOUSE, MUNDAKARAD ,
MANNARKKAD, PALAKKAD, PIN - 678582
BY ADV VINOD KUMAR.C
RESPONDENT:
MANNARKKAD MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
MANNARKKAD, PALAKKAD, PIN - 678582
BY ADV P.R.VENKATESH
SMT NIMA JACOB-GP; SRI P R VENKATESH-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2025, ALONG WITH WP(C).16917/2025, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)NOS.16917 & 11936 OF 2025 2025:KER:33128
3
JUDGMENT
The petitioner in W.P(C)No.16917 of 2025 is a contractor
who has been entrusted with the interlocking work in the
Mundakkarad C.P.Sulaiman Faizi Front Road. Ext.P1 agreement
was executed by him with the Mannarkkad Municipality on
31.01.2025 and the time limit for completion of the work was
six months. The petitioner has approached this Court seeking
police protection to complete the work as per Ext.P1 agreement
without any obstruction from the 2 nd respondent who has filed
W.P(C)No.11936 of 2025 against the Municipality alleging that
the Municipality decided to lay tiles on the road only for 46
meters excluding 13 meters of road lying in front of the house of
petitioner in W.P(C)No.11936 of 2025 and his neighbours.
2. Heard the learned counsel for the petitioners in both
the case and the learned Standing Counsel appearing for the
Mannarkkad Municipality. The learned counsel for the petitioner
in W.P(C)No.11936 of 2025 takes notice for the 2 nd respondent in
WP(C)NOS.16917 & 11936 OF 2025 2025:KER:33128
W.P(C)No.16917 of 2025. Hereafter the parties will be referred as
per array of parties in W.P(C)No.16917 of 2025
3. The dispute is with regard to the interlocking work
being restricted to some distance. The learned Standing Counsel
for the Municipality submitted that the work was awarded as per
Ext.P1 agreement produced along with W.P(C)No.16917 of 2025
and on account of financial constraints the work was restricted
to a portion of the road. The petitioner in W.P(C)No.16917 of
2025 seeks police protection to complete the work citing
obstruction caused by the 2nd respondent who is the petitioner in
the other writ petition.
4. The learned counsel for the 2nd respondent submitted
that the 2nd respondent will not cause any obstruction, if the
work already completed, would be retained as such. This
submission is recorded.
5. The 2nd respondent shall not cause any obstruction to
the work and in case any obstruction is caused, the Station
WP(C)NOS.16917 & 11936 OF 2025 2025:KER:33128
House Officer concerned shall afford sufficient police protection
to the petitioner to complete the work as per Ext.P1 agreement.
The Secretary of the Municipality is directed to consider
the representation of the 2nd respondent which is produced as
Ext.P1 in W.P(C)No.11936 of 2025 within two weeks.
These writ petitions are disposed of with the above
observations and directions.
Sd/-
S.MANU
JUDGE
MC
WP(C)NOS.16917 & 11936 OF 2025 2025:KER:33128
APPENDIX OF WP(C) 16917/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AGREEMENT EXECUTED WITH
THE MUNICIPALITY ON 31.1.2025
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
23.4.2025 SUBMITTED TO THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE RECEIPT OF
ACKNOWLEDGEMENT DATED 23.4.2025 ISSUED BY
MANNARKKAD POLICE STATION
WP(C)NOS.16917 & 11936 OF 2025 2025:KER:33128
APPENDIX OF WP(C) 11936/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION DT
11.03.2025 FILED BY THE PETITIONER BEFORE
THE SECRETARY MANNARKKAD MUNCIPALITY
