Citation : 2026 Latest Caselaw 347 Ker
Judgement Date : 14 January, 2026
2026:KER:3049
W.P (C) No.42596/2025 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 14TH DAY OF JANUARY 2026 / 24TH POUSHA, 1947
WP(C) NO. 42596 OF 2025
PETITIONER/S:
IBRAHIM KUTTY O.,
AGED 50 YEARS
S/O. UNNIMAMMED O., MEKKOLLANGARA HOUSE, OMANNOOR,
CHEEKODE, CHERUVAYUR, MALAPPURAM DISTRICT, PIN - 673645
BY ADVS.
SRI.K.MOHAMMED RAFEEQ
SRI.BIBIN MATHEW
SRI.P.M.MATHEW
SMT.VISHNUMAYA ANANDAN
SHRI.SONYMON ANTONY
SHRI.ABHIJITH P.A.
RESPONDENT/S:
1 DISTRICT POLICE CHIEF,
KOZHIKODE RURAL POLICE, PUTHUPPANAM P.O.,
VATAKARA, KOZHIKODE DISTRICT, PIN - 673105
2 STATION HOUSE OFFICER,
THIRUVAMBADI POLICE STATION,
KOZHIKODE DISTRICT, PIN - 673603
3 K.M. ALI,
KOODATHIL P.O., AANAKKAMPOZHIL,
KOZHIKODE DISTRICT, PIN - 673603
4 SAREESH MYLADIYIL,
MUTHAPPANPUZHA P.O.,
KOZHIKODE DISTRICT, PIN - 673603
2026:KER:3049
W.P (C) No.42596/2025 -2-
OTHER PRESENT:
SMT. SILPA N P (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.11.2025, THE COURT ON 14.01.2026 DELIVERED THE FOLLOWING:
2026:KER:3049
W.P (C) No.42596/2025 -3-
JUDGMENT
The petitioner has approached this court being aggrieved by the fact
that contract work undertaken by him for the Public Works Department,
which is cutting and removal of standing trees for the purpose of clearing the
way for construction of Anakkampoyil-Kalladi-Meppadi Tunnel Road has
been obstructed by party respondents on the premise that they should be
given right to load and unload timber logs.
2. According to the petitioner, though the Kerala Headload Workers
Scheme,1983 has been extended to the area in question,there is no functional
pool in that area. It is also the case of the petitioner that the petitioner is
using machinery for loading and unloading work.
3. Despite service of notice there is no appearance for respondents 3
and 4.
4. The learned Government Pleader submits that at present there is no
obstruction and there is no law and order situation.
5. Having heard the learned counsel for the petitioner and the learned
Government Pleader, I am of the view that this writ petition can be disposed
of directing that if any law and order situation arises in future and if any
obstruction is caused to the work of the petitioner by respondents 3 and 4, the
2nd respondent shall ensure that law and order is maintained and the work of
the petitioner is not obstructed by respondents 3 and 4.
2026:KER:3049
This order shall be in force for a period of 2 months from today.
Writ petition is ordered accordingly.
Sd/-
GOPINATH P. JUDGE
AMG 2026:KER:3049
APPENDIX OF WP(C) NO. 42596 OF 2025
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE ORDER CONFIRMING THE AUCTION DATED 18.10.2025 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORK DEPARTMENT, KODUVALLY, Exhibit-P2 TRUE COPY OF THE PHOTOGRAPHS THAT THE RESPONDENT NOS. 3 AND 4 OBSTRUCTING THE WORK. Exhibit-P3 TRUE COPY OF THE POLICE COMPLAINT DATED 08.11.2025 LODGED BEFORE THE THIRUVAMBADI POLICE STATION.
Exhibit-P4 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 09.11.2025 EVIDENCING EXHIBIT-P3 POLICE COMPLAINT.
Exhibit-P5 . TRUE COPY OF THE WRITTEN COMPLAINT DATED 10.11.2025 LODGED BY THE PETITIONER TO THE FIRST RESPONDENT KOZHIKODE.
Exhibit-P6 TRUE COPY OF THE POSTAL RECEIPT DATED 10.11.2025 EVIDENCING EXHIBIT-P5 POLICE COMPLAINT TO THE FIRST RESPONDENT.
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