Court provides interim relief allowing construction and protection against encroachments based on established property rights.

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or any other appropriate writ order or direction commanding respondents 1 to 3 to consider Exhibit P11 petition and afford necessary and adequate police protection to the petitioner for removing the unauthorised flag poles erected on the boundary of the petitioner’s property and for constructing the compound wall on the strength of Ext.

P5 building permit issued by the 4th respondent;

ii. issue a writ of mandamus or any other appropriate writ order or direction commanding the 4th respondent to forthwith shift the bottle booth from the boundary of petitioner’s property and issue direction to the 3rd respondent to remove all unauthorised flag poles and boards etc. from the public road in such a way to deny access to the petitioner’s property;

iii. direct the 3rd respondent to consider Exhibit P11 and afford adequate police protection to the life and property of the petitioner and for construction of compound wall on the strength of Ext. P5 building permit;

iv. direct respondents 1 to 3 to comply with the directions contained in Exhibits P17 to P19 judgments and forthwith take steps to remove the unauthorised flag poles erected on public road causing obstruction to the petitioner in constructing the compound wall in terms of Exhibits P5 and P6;

v. dispense with filing of the translation of vernacular documents;

vi. grant such other relief’s as this Honorable Court may deem fit in the circumstances of this case.

(SIC)

2. When this Writ Petition came up for consideration on 18.02.2025, this Court passed the following order “Service is complete. The party respondents may file counter affidavit, if any.

2. Heard; the learned counsel for the petitioner, the learned Government Pleader, the learned counsel for the 4th respondent Panchayath and the learned counsel for the 9th respondent.

3. On a consideration of the facts and the materials on record, and taking note of the submission of the learned Government Pleader that, Ext.P5 building permit is issued by the 4th respondent to construct the compound wall in the petitioner's property and furthermore flag poles and a bottle booth is erected in the petitioner's property, I am satisfied that the petitioner has made out a prima facie case for an ad-interim order. Hence, I direct the 3rd respondent to afford adequate police protection to the petitioner and his men to remove the bottle booth and flag poles from the petitioner's property, so as to enable him to carry out the construction of the compound wall as per Ext.P5 building permit.

Post after two weeks.”

3. Thereafter Ext.P20 show cause notice was issued by the 12^th respondent. Thereafter this Court passed an order on

25.11.2025, which is extracted hereunder:

“The Thahasildar, Koyilandi, Taluk Office is suo motu impleaded as the Addl. 14th respondent in this case.

The Addl. 14^th respondent will see that the Survey as requested in Annexure R12(b) is completed within one month, and submit report before this Court.

The petitioner will produce a copy of this order to the Addl. 14^th respondent for compliance.”

4. Now a sketch is produced by the additional 14^th respondent. The petitioner submitted that in the light of the sketch produced along with the memo dated 04.02.2026, the writ petition can be disposed of allowing the petitioner to construct the compound wall based on Ext.P5 building permit issued by the Panchayat.

Therefore, this Writ Petition is disposed of in the following manner:

1. The petitioner is free to construct the compound wall strictly in accordance to the sketch produced along with the memo dated 04.02.2026.

2. The additional 14^th respondent will demarcate the property based on the sketch so that the petitioner can construct the compoun