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Judgment
N.Nagaresh, J
The petitioner states that she is a senior citizen and a widow. Her residential building is situated in Re-Survey No.209/20 of Chevayur Village.
The petitioner states that her husband had laid concrete slabs over the irrigation canal adjacent to the petitioner’s property for having vehicular entry to her house property. However, some antisocial elements demolished a portion of the compound wall of the petitioner and the concrete slabs, preventing entry of vehicles into the petitioner’s property. There is a threat from the 3rd respondent and persons claiming under him. Though the petitioner approached the 2nd respondent-Station House Officer with complaint, the 2nd respondent has not taken steps to afford adequate protection to the petitioner and her property.
Government Pleader, on instructions, submitted that the petitioner’s husband has laid concrete slabs over the canal. The petitioner states that such slabs are laid after obtaining permission from the competent authorities. However, the petitioner has not produced any such documents before the Station House Officer. If the slabs are laid as per Rules, the 2nd respondent has no objection in extending protection in accordance with law.
Heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 and 2. Though notice was issued on the 3rd respondent, there is no appearance for the 3rd respondent.
Counsel for the petitioner produced Ext.P4 proceedings of the Superintending Engineer of Calicut Municipal Corporation dated 13.03.2014, from which it is seen that the petitioner’s husband has been granted permission to lay slabs over the canal.
In the facts and circumstances of the case, I am of the view that the petitioner is entitled to vehicular entry into her property through the slabs that have been laid/ that are to be laid. If any person obstructs the petitioner or destroys the slabs, appropriate action shall be taken against such persons.
In the circumstances, the writ petition is disposed of directing the 2nd respondent-Station House Officer to give protection to the petitioner and her property from any person trying to remove the slabs.