C T GEORGE Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THE petitioner has come to this Court with this petition under Art.226 of the Constitution for issue of a direction to the 1st respondent to render police protection against the alleged illegal conduct of respondents 2 and 3 and others directed against the petitioner.

(2.) ACCORDING to the petitioner, he owns 45 cents of land in which he proposes to construct a residential building. He has obtained the requisite permission from the local authority and Ext.R2 is the said building permit. The said building permit makes it clear that the petitioner is permitted to put up a residential building in the property during the period 18/6/10 to 17/6/13. ACCORDING to the petitioner, when he commenced work, certain persons of the locality led by respondents 2 and 3 are raising objections. The petitioner has to remove ordinary earth from the property to bring the property to the level of the road in front. When the petitioner commenced work, the persons led by respondents 2 and 3 have objected to the continuance of the work. The petitioner complained to the 1st respondent under Ext.P2 which was acknowledged under Ext.P3. He had submitted Ext.P4 complaint which is acknowledged under Ext.P1. ACCORDING to the petitioner, respondents 2 and 3 are actuated by mala fide and oblique motives and they have no reason or justification in raising any objection against the petitioner's attempt to put up a residential building after removing earth from the 45 cents plot.

(3.) WE have heard both counsel and the learned Government Pleader. The learned counsel for the petitioner relies on Ext.P5 issued by the Government to press his point that extraction of ordinary earth from the residential plots to facilitate constructions in private party do not in any way require obtaining of prior permission. All the stipulations of Ext.P5 are being followed and there is no violation of any stipulation in Ext.P5. The learned counsel for the petitioner reiterates the contention that respondents 2 and 3 are actuated by mala fide and oblique motive and that is the only reason why they are objecting to the commencement and completion of construction in accordance with Ext.R2.