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High Court of KeralaWP(C)/11976/2015dismissed

Safa Welding Electrodes v. The Sub Inspector Of Police

2015-07-02Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 WP(C).No. 11976 of 2015 (V) ---------------------------- PETITIONER(S):

-------------- SAFA WELDING ELECTRODES AGED 61 YEARS SAFA TOWER, EDAKKARA.P.O, CHELANUR (VIA) THALAAKKULATHOOR VILLAGE, KOZHIKODE-673 616 REPRESENTED BY ITS PARTNER, V.C.KUNHAYINKUTTY S/O.PARIAIKUTTY, AGED 61 YEARS, VADAKKECHALIL HOUSE P.O. EDAKKARA, KOZHIKODE.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN RESPONDENT(S):

--------------

1. THE SUB INSPECTOR OF POLICE ATHOLI POLICE STATION, KOZHIKODE DISTRICT-673 315

2. THE CIRCLE INSPECTOR OF POLICE KOYILANDI CIRCLE, KOYILANDI POLICE STATION KOZHIKODE DISTRICT.

3. THE DISTRICT POLICE CHIEF-KOZHIKODE RURAL, OFFICE OF THE DISTRICT POLICE CHIEF, VADAKARA KOZHIKODE DISTRICT-673 101.

4. CHANDRAN MASTER, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER THARAYIL, EDAKARA.P.O, CHELANNUR SAFA WELDING ELECTRODES MANUFACTURING UNIT BAN ACTION COMMITTEE EDAKARA (KOCHAMVALLITHAZHAM), CHELANNUR KOZHIKODE-673 616.

5. DINESAN, FATHER'S NAME AND AGAE NOT KNOWN TO THE PETITIONER VATTAMPARAMBATH, EDAKKARA, CHELANNUR SAFA WELDING ELECTRODES MANUFACUTRING UNIT BAN ACTION COMMITTEE EDAKARA (KOCHAMVALLITHAZHAM), CHELANNUR KOZHIKODE-673 616

-2WP(C).No. 11976 of 2015

6. RAMACHANDRAN FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER KUTTIKATTUVAYAL, EDAKKARA, CHELANNUR SAFA WELDING ELECTRODES MANUFACTURING UNIT BAN ACTION COMMITTEE EDAKARA (KOCHAMVALLITHAZHAM), CHELANNUR KOZHIKODE-673 616.

7. SARJAS, FATHER'S NAME AND AGE NOT KNWON TO THE PETITIONER FAJARAS MANZIL, EDAKKARA, CHELANNUR SAFA WELDING ELECTRODES MANUFACTURING UNIT BAN ACTION COMMITTEE EDAKARA (KOCHAMVALLITHAZHAM), CHELANNUR KOZHIKODE-673 616.

8. VENU, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITONER MUNDAYIL HOUSE, VIA NENMANDA, KOZHIKODE DISTRICT. Addl.9. THE THALAKULATHUR GRAMA PANCHAYATH THALAKULATHUR REPRESENTED BY ITS SECRETARY (SPECIAL GRADE) KOZHIKODE DISTRICT - 673009.

(ADDL.R9 IS IMPLEADED AS PER ORDER DATED 29.04.2015) R9 BY ADV. SRI.JACOB ABRAHAM R4-R8 BY ADV. SRI.P.S.SREEDHARAN PILLAI R4-R8 BY ADV. SRI.T.K.SANDEEP R4-R8 BY ADV. SRI.ARJUN SREEDHAR R4-R8 BY ADV. SRI.JOSEPH GEORGE(MULLAKKARIYIL) R4-R8 BY ADV. SRI.ARUN KRISHNA DHAN R1-3 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11976 of 2015 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1: A TRUE COPY OF THE CONSENT TO ESTABLISH NO.PCB/KKD/DO/ICE/2383/2012 DATED 30.7.2013 ISSUED BY THE POLLUTION CONTROL BOARD TO THE PETITIONER EXHIBIT P2: A TRUE COPY OF TEH PERMISSION ORER NO.A66931/12 DATED 18.12.2012 ISSUED BY THE SECRETARY OF THE PANCHAYAT AND ITS ENGLISH TRANSLATION EXHIBIT P.3: A TRUE COPY OF REGISTRATION CERTIFICATE UNDER THE KERALA VALUE ADDED TAX FROM THE COMMERCIAL TAX OFFICER, IVTH CIRCLE,KOZHIKODE (WITHOUT ANNEXURES) EXHIBIT P.4 : A TRUE COPY OF THE REQUEST DATED 13.3.2015 SUBMITTED BY THE PETITIONERS THROUGH ITS MANAGING PARTNER BEFORE THE 1ST RESPONDENT EXHIBIT P4(A): A TRUE COPY OF THE REQUEST DATED 13.3.2015 SUBMITTED BY THE PETITIONER THROUGH ITS MANAGING PARTNER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4(B): TRUE COPY OF THE RECEIPT ISSUED IN RESPECT OF (EXT.P4 (A) PETITION NO.41728/2015 DATED 18.3.2015 FROM THE KOYILANDY CIRCLE OFFICE OF THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS ------------------------ EXHIBIT R8(a): COPYOF DECISION NO.317/14 IN PANCHAYATH MEETING HELD ON 1.12.2014.

EXHIBIT R8(b): ENGLISH TRANSLATION OF EXHIBIT R8(a). /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No. 11976 of 2015 ---------------------------------------------- Dated this the 2nd July, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court seeking Police protection. It is alleged that the private respondents are obstructing the petitioner from establishing the unit in question, despite the fact that the petitioner was having valid permission for the same.

2. It is submitted by the learned counsel for Panchayat and the private respondents that after granting permission to establish the unit, the same has been withdrawn by a resolution passed by the Panchayat.

3. Having regard to the aforesaid factual situation, we do not think that this Court will be justified in issuing an order of Police protection. It shall always be open for the

WP(C).11976/15 petitioner to challenge the order/resolution revoking the permission granted in favour of the petitioner. With the above observation, the Writ Petition is dismissed.

ASHOK BHUSHAN CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs2/7/15