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2026 Supreme(Online)(Ker) 5569

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
M. MOIDEENKUTTY – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 44903 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.RAKESH P., SMT.MAMATHA S.
For the Respondents: SMT. AMMINIKUTTY K., SR.GP

Court affirms the right to peaceful property construction and mandates police protection against obstruction.

Headnote:This writ petition addresses the need for police protection for the construction of a compound wall and gates by the petitioners without obstruction from the respondents. An interim order previously prevented physical harm, and current claims of no ongoing obstruction from the respondents justify the granted relief. The court focuses on whether petitioners, asserting their right against opposing parties, are entitled to protection, highlighting the absence of objections from the respondents and emphasizing the need for safeguarding property rights. The Court directs adequate police protection to ensure the construction proceeds without obstruction, affirming that effective action will be taken against any ensuing disruptions.

Table of Content
1. need for police protection during construction (Para 1 , 2 , 3)
2. government's assurance of no ongoing obstruction (Para 4)
3. court allows construction with police protection (Para 5)

JUDGMENT

This writ petition is filed seeking police protection to carry on the construction of a compound wall and gates in petitioners properties without any obstruction or hindrance from respondents 5 to 10.

2. On 28.11.2025, an interim order was issued directing that the petitioners shall not to be put to any physical harm by respondents 5 to 10 or their men. In the meantime, the service on the party respondents have been completed, and none appears.

3. A reading of the writ petition reveals that petitioners are attempting to construct a compound wall and gate in the southern boundary of their property, which is abutting a public road to safeguard it from other encroachers. The contention raised by the petitioners is that the respondents 5 to 10 are opposing the said construction. As noted above, despite service of notice, there is no appearance on behalf of respondents 5 to 10, which clearly indicates that they have no objection to allowing the reliefs claimed in the writ petition.

4. The learned Government Pleader, upon instructions submitted that based on the complaint by the petitioners, respondents 5 to 10 have already been warned and that, at present, no obstructions are caused by the party respondents. Having regard to the above circumstance, I am of the view that the writ petition can be disposed of with a direction.

5. Accordingly, there will be a direction to the 4th respondent to afford adequate and effective police protection to the petitioners to construct a compound wall and gate in their property in accordance with law, without any obstruction from respondents 5 to 10. If in case any obstruction is caused by the said respondents, the 4th respondent shall initiate appropriate action to avert such obstructions.

The writ petition is disposed of as above.

Sd/-

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