KUMARI MINI S.S Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are aggrieved with the obstruction to a construction carried on by the 2nd petitioner, allegedly purported by respondents 6 to 10. The 1st petitioner is the mother of the 2nd petitioner and she transferred 8.25 cents of land from a total of 19 cents owned by her to the 2nd petitioner. The 2nd petitioner has obtained a valid permit to make a construction therein as per Ext.P2 from the Thiruvananthapuram Corporation. Respondents 6 to 10 are said to be creating obstruction to the construction activities. The learned counsel appearing for respondents 6 to 10 contend that there were some violations in the construction carried on and they had merely approached the Corporation with a complaint.

(2.) The learned Government Pleader submits that there is some property disputes between respondents 6 to 10 and the petitioners. The learned counsel for the petitioners submit that there was a sale of a portion of the petitioners' property, which purchaser was brought by respondents 6 to 8. The sale is now over and there is no dispute with respect to that property.

(3.) In any event, we find that respondents 6 to 10 cannot obstruct the construction activities even on the ground that there is a violation of permit. If there is a violation of permit, it is for the Corporation to look into the same and the party respondents cannot take law into their hands. In such circumstances, if any obstruction is caused to the construction carried on by the 2nd petitioner, a complaint shall be made before the jurisdictional Police, who shall see to it that such obstruction is removed.