LAWS(KER)-2018-7-694

MINI W/O BIJU Vs. SUPERINTENDENT OF POLICE

Decided On July 25, 2018
Mini W/O Biju Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) The petitioner has approached this Court seeking directions to be issued to respondents 3 and 4, who are the police officials in jurisdiction of the area where her property is situated, to afford effective and adequate protection to the employees of the second respondent - District Officer, Ground Water Department, who has been authorised to install a tube well for residential purposes in her property on the strength of Ext.P5 permit issued by the Local Self Government Institution.

(2.) According to the petitioner, Ext.P5 permit was issued on 20.07.2017 and that respondents 6 to 8, who are stated to be her neighbours, objected to this by approaching the Panchayat, which initially led to an order cancelling Ext.P5. She says that the order cancelling Ext.P5, namely Ext.P8, was issued without authority and therefore, that she approached the Tribunal for Local Self Government Institutions, Thiruvananthapuram by filing Appeal No.748/2017 which was allowed, culminating in Ext.P9 order. The petitioner thus says that the decks have now been legally cleared for the construction of the tube well in her property by the second respondent. The allegation of the petitioner is that in spite of all this, respondents 6 to 7 are still physically obstructing the workers of the second respondent when they attempt to construct the tube well and she prays that protection be afford by the police Authorities to their workmen, who are engaged in such construction activities.

(3.) We have heard Sri.G.S.Reghunath, the learned counsel appearing for the petitioner; Sri.M.R.Sasith, the learned counsel appearing for respondents 6 to 8; Sri.K.Siju, the learned standing counsel appearing for the 5th respondent and the learned Government Pleader appearing for respondents 1 to 4.