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Afsal vs Assistant Superintendent Of Police
2026 Latest Caselaw 760 Ker

Citation : 2026 Latest Caselaw 760 Ker
Judgement Date : 23 January, 2026

[Cites 0, Cited by 0]

Kerala High Court

Afsal vs Assistant Superintendent Of Police on 23 January, 2026

Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(C) NO. 48277 OF 2025
                                      1




                                                            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
                                           2




                                                                    2026:KER:5927

       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
                                            3




                                                                           2026:KER:5927



                          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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