The court upheld the petitioner's right to proceed with permitted construction free from obstruction, emphasizing necessary police protection.

JUDGMENT

The above writ petition is filed with following prayers :

(i) “Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 and 2 to afford adequate and effective police protection to the petitioner and his workers for removing ordinary soil and for proceeding with the construction of the residential house in his property (ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing 1st and 2nd respondents to ensure that 3rd and 4th respondents or any other persons do not cause obstruction or threat to the petitioner’s life and property; (iii) Dispense with filing the translation of vernacular documents.

(iv) grant such other relief’s as this Hon’ble Court may deem fit and proper as on the facts and circumstances of the case.” [sic]

2. The petitioner is the absolute owner and possession of 25 cents of property comprised in Re-survey No. 414/17 of Cheruvathur Village, Hosdurg Taluk, Kasaragod is the submission. The petitioner intends to construct a residential house in the said property is the submission. Accordingly, the petitioner submitted application for building permit and permit for removing and transporting ordinary soil as part of the construction before the Secretary, Cheruvathur Grama Panchayat. The Secretary after verification of the application of the petitioner granted building permit and permission to transport ordinary soil to be excavated for constructing the house is the submission. Ext.P1 is the building permit and Ext.P2 is the permit granted for excavating and transporting the ordinary soil.

3. Based on Exts.P1 and P2, the petitioner attempted to remove soil strictly in compliance with the permits so granted is the submission. At that time, the 3^rd and 4^th respondents with their henchmen illegally obstructed the work. The petitioner also apprehend that there will be physical harm, if the work is continued. The petitioner approached the police authorities, but, there is no response. Hence, this writ petition is filed.

4. When this writ petition came up for consideration on 20.01.2026, this Court passed the following order :

“Admit.

Learned Govt. Pleader takes notice for R1 and R2. Issue urgent notice through special messenger to respondents 3 and 4.”

5. Thereafter, when the case came up for consideration on 28.01.2026, this Court passed the following order :

“The 1st respondent is directed to provide adequate police protection to petitioner and his workers for removing ordinary soil and for proceeding with the construction of the residential house in the petitioner's property, strictly in accordance with Exhibit P1 and P2.

Post on 04-02-2026”

6. Today, there is no representation for the party respondents. I am of the considered opinion that as long as Exts.P1 and P2 are in force, the petitioner can do the needful, strictly in accordance to Exts.P1 and P2. Therefore, the interim order already passed can be retained.

Therefore, this writ petition is disposed of making the order dated 28.01.2026 absolute as long as Exts.P1 and P2 are in force.

Sd/-