The right to construct based on valid permits cannot be obstructed without legal basis, necessitating police protection.

JUDGMENT

Petitioner seeks for a direction to provide adequate police protection for him and his employees to construct the factory building based on Ext.P9 building permit.

2. Petitioner claims to be the Managing Partner of two timber-based industrial units manufacturing plywood and allied materials by the names of M/s Quality Wood Products and M/s Three Star Wood Products. He claims to be in ownership of around 3.5 acres of land.

3. Pursuant to an application for construction of a building, he has been issued with a building permits as Ext.P9 and Ext.P9(A). However, when he started construction, respondents 4 and 5, who are nearby residents started obstructing the construction. Accordingly, he approached the police seeking protection. Since the police has remained as mute spectators, the building could not be constructed, and hence, the petitioner has approached this Court.

4. On the date of admission, this Court passed an interim order directing the maintenance of law and order for the transportation of materials to the petitioner's premises and for constructing the building based on the building permit in existence. It was submitted that based on the said interim order petitioner is continuing the construction of the building.

5. I have heard the learned counsel for the petitioner as well as the learned Government Pleader.

6. As long as the petitioner is in possession of a valid building permit and is entitled to construct, respondents 4 and 5 cannot obstruct such construction. If in case any such obstruction is caused to the legal constructions, the police will have to necessarily interfere and avert any untoward incidents.

7. Having regard to the above circumstances, there will be a direction to the 1^st respondent to afford adequate police protection to the petitioner to continue with the construction based on Exts.P9 and P9(A) Building Permits. It is clarified that if, in case, the building permit issued to the petitioner expires or is interfered with by any authority as per law, necessarily, the protection directed by this order shall not remain in force thereafter.

The writ petition is disposed of as above.

Sd/-