The court dismissed a writ petition seeking police protection for a construction project. It held that disputes regarding obstruction affecting civil rights lie with civil courts, not the police, via writ jurisdiction.
Rejection of request to direct police to grant protection for construction; liberty granted to approach civil court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 05TH DAY OF AUGUST 2019 / 14TH SRAVANA, 1941
WP(C).No.3695 OF 2019(J)
PETITIONERS:
1 HOMESTEAD PROJECTS AND DEVELOPERS
PVT. LTD., DOOR NO. EP/VII-691, OPPOSITE GOVERNMENT REST HOUSE,
CHANGUVETTY, KOTTAKAL, MALAPPURAM REPRESENTED BY THE MANAGING DIRECTOR ABDUL LATHEEF KAINIKKARA, AGED 40 YEARS, S/O. MOHAMMED ASHRAF, K., KAITHAVALAP (H), TIRUR (PO), THIRUR TALUK, MALAPPURAM DISTRICT.
2 FORZZA DEVELOPERS PVT. LTD., TIRUR MALAPPURAM, REPRESENTED BY THE MANAGING DIRECTOR, JAMSHEED RAFIQUE .P., S/O. MOHAMMED .P. PANIKANDATHIL (H), NEAR BUS STAND, TIRUR , MALAPPURAM.
VAZHAYUR, MALAPPURAM KERALA.
BY ADVS. C C ABRAHAM SRI.ALEX ABRAHAM SRI.V.HARIKRISHNAN
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM 695 001.
WP(C).No.3695 OF 2019(J) 2
MALAPPURAM, PIN-676 103.
5 SUBAIR PATARKADAVAN, S/O. AHAMMEDKUTTY, PATTARKADAVAN HOUSE, PANAKAKD, MALAPPURAM, ERNAD TALUK, MALAPPURAM DISTRICT PATTARKADAVU P.O.,.
7 P.K.MOHAMMED, PATTARKADAVAN HOUSE, PANAKKAD, MALAPPURAM, ERNAD TALUK, MALAPPURAM DISTRICT, PATTARKADAVU P.O., 676 505.
BY ADVS. SRI.K.SHAJ SHRI.THAREEQ ANVER SR.GP SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 2907-2019, THE COURT ON 05-08-2019 DELIVERED THE FOLLOWING:
WP(C).No.3695 OF 2019(J) 3
JUDGMENT
Vinod Chandran, J
The petitioner is before this Court seeking police protection for completing the construction as per Ext P1 agreement. Respondents 6 and 7 appear through counsel. The petitioners contention was that respondents 5 to 7 local people are obstructing the construction and that they have caused physical obstruction armed with weapons. The respondents 6 and 7 appear and submit that there was no such incident as alleged in the writ petition. The respondents being local people were apprehensive of environmental issues arising on the construction of the complex and disposal of waste generated. The respondents had then filed an application under RTI Act as to the permissions obtained by the petitioners. Then apprehending obstruction the petitioner has approached this Court.
WP(C).No.3695 OF 2019(J) 4
agitated before the civil court. We cannot direct the police to grant protection to construct an apartment complex and even if the builder has a problem with respect to obstruction on allegation of the constructions affecting civil rights of others, the builder has to approach the civil court and obtain an injunction. In such circumstances, we are not inclined to entertain the writ petition and dismiss the same but however leaving liberty to the parties to approach the civil court.
K.VINOD CHANDRAN, JUDGE
V.G.ARUN, JUDGE
cms xxx
WP(C).No.3695 OF 2019(J) 5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE TRIPARTITE AGREEMENT ENTERED INTO BY THE PETITIONER AND THE ABOVE MENTIONED COMPANIES DATED 14.6.2018.
EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 18.11.2017 ISSUED BY THE SECRETARY, MALAPPURAM MUNICIPALITY.
EXHIBIT P3 TRUE COPY OF THE FIRE SAFETY CLEARANCE FOR SITE DATED 12.10.2017 ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE SERVICES.
EXHIBIT P4 TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE KERALA POLLUTION CONTROL BOARD DATED 6.1.2016.
EXHIBIT P5 THE PHOTOGRAPHS/SCREEN SHOT UPLOAD IN ACE BOOK BY THE RESPONDENT NO.5.
EXHIBIT P6 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 15.9.2018 BEFORE THE 3RD RESPONDENT.
EXHIBIT P7
TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 21.1.2019.
RESPONDENTS EXTS NIL
cms /True copy/ P.S.TO JUDGE
3 issues framed by the court
Whether the high court can direct police to grant protection for construction obstructed by locals.
Whether construction disputes alleging infringement of civil rights should be decided by civil courts.
Whether a writ petition seeking police protection against local obstruction is maintainable.
Homestead Projects and Developers Pvt. Ltd.
Forzza Developers Pvt. Ltd.
Beach Blossom Builders Pvt. Ltd.
State of Kerala
Superintendent of Police, Malappuram
Subair Patarkadan
Vinod Chandran
V. G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
