Citation : 2026 Latest Caselaw 760 Ker
Judgement Date : 23 January, 2026
WP(C) NO. 48277 OF 2025
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2026:KER:5927
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
WP(C) NO. 48277 OF 2025
PETITIONERS:
1 AFSAL, AGED 41 YEARS
PUTHENVEEDU KAKKAZHOM AMBALAPPUZHA
ALAPPUZHA KERALA INDIA, PIN - 688 005.
MANAGING PARTNER AT REDNIX INFRA SOLUTION
2 REDNIX INFRA SOLUTION
BUILDING NO: 809/E NEDIYAPARAMBIL PAZHAVANGADI,
ALAPPUZHA, PIN - 688 011.
REPRESENTED BY ITS MANAGEING PARTNER, AFSAL
BY ADVS.
SRI.T.S.SUHOOD
SMT.M.V.SMITHA
SRI.C.M.VIVEK
SHRI.JOSE KILIANTHARA
RESPONDENT(S):
1 ASSISTANT SUPERINTENDENT OF POLICE
OFFICE OF ASSISTANT SUPERINTENDENT OF POLICE,
COURT ROAD, CHERTHALA,
ALAPPUZHA, KERALA, PIN - 688 525.
2 STATION HOUSE OFFICER
MUHAMMA POLICE STATION, ARYAKARA,
MUHAMMA, ALAPPUZHA, PIN - 688 524.
3 SURAJ, AGED 38 YEARS
S/O.SUSHEELAN,
NIVARTHIYIL, KOKADU, KOKKOTHAMANGALAM P.O,
CHERTHALA, ALAPPUZHA, PIN - 688 527.
WP(C) NO. 48277 OF 2025
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4 GEMIN ALEX, AGED 31 YEARS
KUPLIKATTU HOUSE, CHURCH ROAD,
NEAR ST. XAVIER'S CHURCH, KANNAKARA P.O.,
THANNEERMUKKAM, PIN - 688527
5 PUSHPAN, AGED 40 YEARS
KOKKATTU, NEAR ST. XAVIER'S CHURCH
KANNAKARA P.O., THANNEERMUKKAM - 688 527.
SRI.JIMMY GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 48277 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
W.P.(C) No.48277 of 2025
...................................................
Dated this the 23rd day of January, 2026
JUDGMENT
Petitioners claim to be a sub-contractor under M/s.KCC Buildcon Pvt. Ltd.,
who has been engaged to carry out certain works relating to National
Highway 66 [for brevity, NH-66] and other allied works. However,
respondents 3 to 5 started interfering with and obstructing the work
being carried out by the petitioners. A complaint was filed by the second
petitioner to the second respondent, as per Ext.P6, on 10.12.2024 and
despite the above complaint, no action was taken, and respondents 3 to
5 continued their obstructions, compelling petitioners to seek police
protection to ensure their activities proceed without any hindrance or
obstruction from respondents 3 to 5.
2. The learned Government Pleader, upon instructions, submitted that, the
petitioners have entered into a sub-contract with M/s.KCC Buildcon Pvt.
Ltd., the contractor of NH-66 Project for carrying out dredging and
supplying dredged sand for NH work. It was also submitted that
respondents 3 to 5 have been attempting to obstruct the work being
carried on and that the third respondent is providing necessary
assistance as and when required.
WP(C) NO. 48277 OF 2025
2026:KER:5927
3. Though notices to respondents 3 to 5 have been served, there is no
appearance on their behalf.
4. Since petitioners have been engaged in carrying out sub-contract work,
and respondents 3 to 5 are stated to be causing obstructions to the said
work, I am of the view that petitioners ought to be granted necessary
police protection so as to ensure the smooth and unhindered conduct of
their activities.
Accordingly, there will be a direction to the second respondent to
afford adequate and effective police protection to the petitioners to carry
out their permitted work for the NH-66 reconstruction project, in
connection with Ext.P3 to Ext.P6, without any obstruction or interference
from respondents 3 to 5, or anybody acting under them.
The writ petition is disposed of.
sd/-
BECHU KURIAN THOMAS JUDGE
AMV/23/01/2026 WP(C) NO. 48277 OF 2025
2026:KER:5927
APPENDIX OF WP(C) NO. 48277 OF 2025
PETITIONER EXHIBITS
EXHIBIT P-1 THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF THE 2ND PETITIONER BEARING REGISTRATION NO. 32ABLFR6571P1ZG DATED AUGUST 26, 2025.
EXHIBIT P-2 THE TRUE COPY OF THE HIRING ORDER (WO NO:
2800001001) ISSUED BY M/S KCC BUILDCON PVT. LTD. DATED NOVEMBER 24, 2025 TO THE 2ND PETITIONER.
EXHIBIT P-3 THE TRUE COPY OF G.O.(MS) NO. 28/2025/WRD DATED APRIL 21, 2025, ISSUED BY THE GOVERNMENT OF KERALA, ESTABLISHING THE POLICY FRAMEWORK FOR DREDGING.
EXHIBIT P-4 THE TRUE COPY OF G.O.(MS) NO. 37/2025/WRD
DATED MAY 14, 2025, OUTLINING THE
IMPLEMENTATION GUIDELINES FOR THE NH-66 REDEVELOPMENT PROJECT.
EXHIBIT P-5 THE TRUE COPY OF THE PROCEEDINGS NO.
DCALP/3067/2020-N7 DATED NOVEMBER 17, 2025, ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA, GRANTING 24/7 TRANSPORT RELAXATION.
EXHIBIT P-6 THE TRUE COPY OF THE WRITTEN COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE STATION HOUSE OFFICER, MUHAMMA POLICE STATION, DATED DECEMBER 10, 2025.
EXHIBIT P-7 THE TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT (NO. 15281033-2025-5-01200) DATED DECEMBER 10, 2025, ISSUED BY THE MUHAMMA POLICE STATION.
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