Lawrence P.S v. The Sub Inspector Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 7245 of 2015 (E) --------------------------- PETITIONER :
---------------------- LAWRENCE P.S., PADAYATTY HOUSE, MATTOOR P.O., KALADY PIN-683 574.
BY ADVS.SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SMT.A.A.SHIBI RESPONDENT(S) :
----------------------------
1. THE SUB INSPECTOR OF POLICE KALADY POLICE STATION, KALADY, PIN-683 574.
2. THE CIRCLE INSPECTOR OF POLICE KALADY, PIN-683 574.
3. DEPUTY SUPERINTENDENT OF POLICE PERUMBAVOOR, PIN-683 542.
4. DEVADAS SARASWATHY NILAYAM, MAROTTICHODE, MATTOOR P.O.
PIN-683 574.
5. JOSEPH VARKEY KAITHARATH HOUSE, MAROTTICHODE, MATTOOR P.O.
PIN-683 574.
6. ANTO KOLENCHERY HOUSE, MAROTTICHODE, MATTOOR P.O.
PIN-683 574.
...2/-
WP(C).No. 7245 of 2015 (E) -2-
7. JOSE PALATTY PALATTY HOUSE, MAROTTICHODE, MATTOOR P.O.
PIN-683 574.
8. ANTO ARAKKAL ARAKKAL HOUSE, MAROTTICHOIDE, MATTOOR P.O.
PIN-683 574.
R1 TO R3 BY SPL. GOVT. PLEADER SRI. C.R. SYAMKUMAR R4 & R5 BY ADVS. SRI.P.G.SURESH SRI.G.SUDHEER (THURAVOOR) SRI.RAJAN VISHNURAJ SRI.V.HARISH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/-
WP(C).No. 7245 of 2015 (E) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXT. P1 :
COPY OF THE BUILDING PERMIT DTD.24.2.2015 ISSUED BY THE KALADY GRAMA PANCHAYAT.
EXT. P2 :
COPY OF THE NOC OF THE DISTRICT MEDICAL OFFICER, ERNAKULAM DTD.19.12.2014.
EXT. P3 :
COPY OF THE NO OBJECTION CERTIFICATE DTD.20.12.2014 ISSUED BY THE FIRE AND RESCUE SERVICES, ERNAKULAM TO THE SECRETARY KALADY GRAMA PANCHAYAT FOR ISSUING LICENSE TO SET UP THE UNIT.
EXT. P4 :
COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DTD.14.1.2015.
EXT. P5 :
COPY OF THE PETITIONS DTD.24.2.2015 SEPARATELY ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXT. P5(a):
COPY OF ENGLISH TRANSLATION OF EXT.P5.
EXT. P6 :
COPY OF THE REPRESENTATION DTD.4.3.2015 SEEKING POLICE PROTECTION ALONG WITH ITS ENCLOSURES.
EXT. P7:
CONSENT ORDER DATED 11.6.2013 ISSUED BY THE PCB FOR POLISHING, CUTTING AND ITCHING.
EXT. P8 :
COPY OF THE ORDER NO. A2-6991/2014 DATED 19.1.2015 ACCORDING PERMISSION TO ESTABLISH WORK PLACE UNDER DANGEROUS AND OFFENSIVE TRADE RULE.
RESPONDENT(S)' EXHIBITS :
---------------------------------------------- EXT. R4(a):
TRUE PHOTOCOPY OF THE D & O LICENSE ISSUED BY PANCHAYATH TO THE PETITIONER FOR CONDUCTING A GODOWN FOR THE STOCKING AND SALE OF GLASS, PLYWOOD AND LAMINATED SHEET ALONG WITH ITS TRANSLATION.
EXT. R4(b):
TRUE PHOTOCOPY OF THE COMPLAINT DATED 16.12.2014 PREFERRED BY THE LOCALITES BEFORE THE GRAMA PANCHAYATH ALONG WITH ENGLISH TRANSLATION.
EXT. R4(c):
TRUE PHOTOCOPY OF THE RECEIPT OF ACKNOWLEDGMENT FROM THE KALADY GRAMA PANCHAYATH ALONG WITH ITS ENGLISH TRANSLATION.
...3/-
WP(C).No. 7245 of 2015 (E) EXT. R4(d):
TRUE PHOTOCOPY OF THE NOTICE FOR HEARING ON 24.1.2015 ISSUED BY THE GRAMA PANCHAYATH TO THE 4TH RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.
EXT. R4(e):
TRUE PHOTOCOPY OF THE WRITTEN ARGUMENT SUBMITTED BY THE 4TH RESPONDENT FOR THE HEARING ALONG WITH ITS ENGLISH TRANSLATION.
EXT. R4(f):
TRUE PHOTOCOPY OF THE APPLICATION PREFERRED BY THE PETITIONER FOR SETTING UP OF THE GLASS TOUGHENING UNIT. EXT. R4(g):
TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.
EXT. R4(h):
TRUE PHOTOCOPY OF THE RECEIPT OF ACKNOWLEDGMENT FROM THE OFFICE OF THE 1ST RESPONDENT.
//TRUE COPY// P.S. TO JUDGE Mn
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
* * * * * * * * * * * * * W.P.C.No.7245 of 2015 ---------------------------------------- Dated this the 24th day of March 2015
J U D G M E N T
Shaffique,J Petitioner has approached this Court seeking for police protection to establish a unit which is permitted in terms of Ext.P8 order dated 19/01/2015. It is inter alia contended that the private respondents are creating obstruction in the establishment of the unit contending that the unit may cause pollution. It is submitted that the petitioner had already obtained all necessary licence/permission from the competent authorities including the Pollution Control Board to establish the unit.
2.
Counter affidavit has been filed by respondents 4 and 5 inter alia stating that the licence/permission obtained by the petitioner is illegal and cannot be relied upon. According to them, Ext.P8 permission was given under Section 233 of the Kerala Panchayath Raj Act without
W.P.C.No.7245/2015 conforming to the statutory provisions and without considering all the statutory requirements, which is evident from the documents produced by the petitioner himself. 3.
Having regard to the aforesaid factual situation, it is clear that the petitioner has presently the necessary licence/permission for establishing the unit. If the private respondents have a case that the permission has been obtained illegally or there is any lack of proper consideration by the authorities while granting such permission/licence, it is open for them to challenge the said licence/permission before the appropriate forum or the Court, as the case may be. But they cannot take law into their hands and prevent the establishment of the unit by the petitioner. 4.
Under such circumstances, there will be a direction to respondents 1 and 2 to ensure that law and order situation is maintained in the matter relating to establishment of the unit by the petitioner. However, this judgment will be subject to any further orders that may be
W.P.C.No.7245/2015 passed by the Court or competent statutory authority in this regard.
This writ petition is disposed of as above.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr
W.P.C.No.7245/2015
W.P.C.No.7245/2015