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2026 Supreme(Online)(Ker) 3864
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ROSY JULIET JOSEPH – Appellant
Versus
THE STATION HOUSE OFFICER NJARAKKAL POLICE STATION, VYPPIN, ERNAKULAM – Respondent
WP(C) NO. 38272 OF 2025
For the Appellants/Petitioners: SRI.MANU ROY
For the Respondents: SRI.C.P.PEETHAMBARAN, SRI.T.U.SUJITH KUMAR
GP SRI K JANARDHANA SHENOY
Courts may issue mandates for police protection in construction cases alongside ensuring compliance with valid permits.
Headnote:The petitioner sought a writ of mandamus to ensure police protection for the construction of a compound wall as per the valid building permit (Ext.P6). The Court determined that construction should proceed in accordance with the permit, and if obstructed, police would provide protection. The Secretary to the Panchayat is directed to ensure compliance with the permit.
| Table of Content |
|---|
| 1. petitioner seeks protection for construction. (Para 2) |
| 2. responses from authorities addressed. (Para 3) |
| 3. court authorizes police protection if obstruction occurs. (Para 4) |
JUDGMENT
The above writ petition is filed with following prayers : (I) “ Issue a Writ of Mandamus or such other appropriate Writ, Order or Direction, directing the 1st respondent to give necessary police protection to the petitioner in constructing the compound wall on her northern boundary in accordance with Ext.P8.
(II) To dispense with English translation of documents produced in vernacular language.
(III) Issue such other writ, order or direction as this Hon’ble Court deem fit to the facts and circumstances of the case.” [sic]
2, The petitioner obtained Ext.P6 building permit for constructing a compound wall near to building No.9/90 in Survey/Re.Survey No.S-98/1 R-108/15, Nayarambalam Village. It is the case of the petitioner that there is obstruction from the
6th respondent and his men for completing the construction in accordance to Ext.P6. Hence, this writ petition.
3. Heard the learned counsel for the petitioner, the learned Government Pleader and Standing Counsel appearing for respondent Nos. 4 and 5. Even though notice is issued to the 6th respondent, there is no appearance for the 6th respondent.
4. Admittedly, the petitioner obtained Ext.P6 building permit, which is valid upto 06.08.2028. If that is the case, if the petitioner is constructing the compound wall strictly in accordance to the building permit and if there is any obstruction for the same, there can be a direction to the police to afford adequate protection.
Therefore, this writ petition is disposed of with the following directions :
1) If the petitioner is constructing the compound wall strictly in accordance to Ext.P6 and at that instance, if there is any obstruction from the 6th respondent and his men, the 1st respondent will afford adequate protection to the petitioner to complete the construction, strictly in accordance to Ext.P6.
2) The Secretary to Panchayat will ensure that the construction is strictly in accordance to Ext.P6 building permit.
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