BENNY Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE averments in the writ petition are as follows: The petitioners are the husband and the wife and the second petitioner is the owner in possession of an extent of 1 Acre of land in Kanjikuzhi Village. The property belongs to the 2nd petitioner by virtue of Ext.P1 tile deed No. 535/2010 of SRO Arakkulam. Formerly, the Chelachuvadu -Kanjikuzhi PWD road was passing on the western side of the 2nd petitioner's property. Later on, the P.W.D. has constructed a straight road on the western side of the existing road instead of the old road passing through the western side of the 2nd petitioner's property. The old PWD road is being used by the persons who have properties on either side of the road.

(2.) RESPONDENTS 4 to 8 are the believers of the C.S.I. Church which is situated on the northern side of the said old road. The C.S.I. Church is also using the said road for access of the church. It is alleged that earlier the 2nd petitioner's property was in possession of one of the C.S.I. Church believers and later he sold the said property to other persons and thereafter, the 2nd petitioner's father purchased the said property. Earlier, respondents 4 to 8 had an idea to purchase the property for the church. After purchase of the said property by the 2nd petitioner's father, respondents 4 to 8 had an idea to purchase the said property from the father and they demanded the said property for the church. But the second petitioner's father was not willing to sell the property to the Church. Being infuriated by this, the church authorities are in inimical terms with the petitioners and the second petitioner's father. Though the second petitioner's father and one of the neighbours K.M.Ignatious jointly filed a suit for injunction against the C.S.I.church authorities, as per mediation, the said suit was compromised by Ext.P2 compromise decree.

(3.) THE petitioners' residential building was in a dilapidated condition and hence, the petitioners have decided to construct a new residential building in the property. For that, the petitioners availed a loan from a financial institution, demolished the old residential building for constructing a new residential building and started the work in the property. The property wherein the old building was situated is a hilly area. Therefore, the petitioners have decided to construct a new residential building adjoining to the road and constructed a retaining wall on the western side of the property. For the construction of the residential building, it is highly necessary to excavate the soil from the property of the petitioners. The petitioners have filed an application before the Sub Collector for permission to remove the sand from the petitioners' property and the Sub Collector granted permission as per Ext.P3. The petitioners have no idea to make obstruction or any damage to the western road.