JAI HIND TRADERS Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioners have come to this Court with this petition seeking issue of directions under Art.226 of the Constitution to enable the petitioners to run their business against illegal obstruction that is raised by the 4th respondent and men acting under him.

(2.) WHEN the matter came up for hearing, it is submitted that the present controversy is only about construction/re- construction/repair of a damaged compound wall around the property of the petitioners. It is the case of the petitioners that an accident had occurred. A crane had accidentally hit the compound wall. The compound wall had collapsed and death of a passer by had occurred under the debris.

(3.) INITIALLY an objection was raised that the petitioners do not have a valid building permit issued by the local authority to enable them to undertake such construction. Now Ext.P15 building permit has been issued by the Alangad Grama Panchayat dated 14/6/11 which permits the petitioners to construct a compound wall for a length of 19 Mtrs. subject to appropriate conditions as per an approved plan which was submitted to the Panchayat. The learned counsel for the petitioners now only submits that the petitioners may be permitted to undertake that construction so that the property of the petitioners can be secured. If necessary for running the business, the petitioners may be permitted to come later to this Court to seek police protection.