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2026 Supreme(Online)(Ker) 17623

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
R. DILEEP KUMAR – Appellant
Versus
THE DIRECTOR GENERAL OF POLICE – Respondent
WP(C) NO. 28504 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.M.R.ANANDAKUTTAN, SMT.M.HEMALATHA, SRI.MAHESH ANANDAKUTTAN, SMT.DONA AUGUSTINE
For the Respondents: SRI.PIRAPPANCODE V.S.SUDHIR, SHRI. AKASH S., SHRI. GIRISH KUMAR M S, SMT.RICHU THERESA ROBERT, SMT.RAJALAKSHMI.R., GP – SRI. K JANARDHANA SHENOY

Obstruction of construction is not permissible when a valid building permit exists.

Headnote:In this judgment, the High Court addressed a Writ Petition under Article 226 for police protection and a direction against obstruction during construction. The Court noted the absence of an interim order against construction as per permit, emphasizing lawfulness when permits are secured. The main issue framed was whether obstruction can occur when there is a valid building permit. The Court held that respondents could not obstruct legal construction, reaffirming the practicality and necessity of adhering to legally sanctioned permits. The interim order was made absolute with additional contentions remaining open.

Table of Content
1. filing of writ for protection and construction rights. (Para 1 , 2)
2. construction cannot be obstructed if permitted. (Para 3)

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"(i) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to consider Exhibit-P6 complaint and afford adequate police protection to the life of the petitioner and his family and the property of the petitioner;

(ii) Issue a direction to respondents 1 and 2 that the respondents 3 to 7 and their associates shall not enter the premises of the property of the petitioner and obstruct him from constructing the compound wall on the western and southern sides of his property;

(iii) Petitioner also prays that this Honourable Court may be pleased to dispense with the translation of the documents produced in the Vernacular Language.

(iv) Grant such other order that this Hon’ble court may deem fit and proper in the facts and circumstances of this case"

[SIC]

2. When this Writ Petition came up for consideration before this Court on 16.02.2026, this Court passed the following order:

“The counsel for the petitioner submitted that the appeal pending before the Tribunal for the Local Self Government Institutions is already disposed of, as evident by Ext.P5 and there is no interim order restraining construction on the compound wall on the south and west sides based on building permit. If that is the case, there can be an interim order in this case. If there is any obstruction from the side of the party respondents for constructing the compound wall strictly in accordance with the building permit on the south and west sides of the petitioner's property, the 2nd respondent shall give sufficient protection to complete the construction, if it is strictly in accordance with building permit.

Post on 03.03.2026.

The petitioner will make available a copy of the building permit to the 2nd respondent, if there is any obstruction from the party respondents and only after verifying the same, the

2nd respondent need to a

3. The learned counsel appearing for respondent Nos.3 to

7 submitted that a counter affidavit is filed and that the matter is purely a civil dispute. I do not want to make any observation about the same. According to the petitioner, he is constructing a compound wall based on a building permit. This Court allowed the petitioner to complete the construction strictly in accordance with the building permit. If the party respondents have any grievance that the petitioner has no right to construct the compound wall, they can avail appropriate remedy in accordance with the law. But, they cannot obstruct the construction, when there is a building permit. That is why this Court passed the above interim order. The interim order already passed by this Court can be made absolute, and all other contentions of the petitioner and the party respondents can be left open. If the petitioner has no right to construct the compound wall, the party respondents can approach the appropriate authority in accordance with the law.

With the above observation, this Writ Petition is disposed of making the interim order dated 16.02.2026 absolute. All other contentions of the petitioner and the party respondents are left open.

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