M.Sudhakaran v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 WP(C).No. 25820 of 2015 (B) ---------------------------- PETITIONER :

------------------ M.SUDHAKARAN, AGED 50 YEARS, S/O. KUMARAN, MOOLAYIL HOUSE, CHETHALLUR P.O., PALAKKAD DISTRICT - 678582.

BY ADV. SRI.U.K.DEVIDAS RESPONDENTS :

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1. STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, MANNARKKAD, PALAKKAD DISTRICT - 678582.

2. THE SUB INSPECTOR OF POLICE, NATTUKAL POLICE STATION, PALAKKAD DISTRICT - 678583.

3. THE THACHANATTUKARA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, PALODE P.O., PALAKKAD DISTRICT - 678583.

4. BALAKRISHNAN, S/O. SANKARA GUPTHAN, KOORAKOTTIL HOUSE, CHETHALLOOR P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT - 678609.

5. SUBRAHMANIAN, S/O. AYCHAN KUTTY GUPTHA, NECHIKUZHY, KOORAKOTTIL HOUSE, CHETHALLOOR P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT - 678609.

6. KRISHNANKUTTY, S/O. VADOPPAN PUTHAN, KOORAKOTTIL HOUSE, CHETHALLOOR P.O.,. MANNARKKAD TALUK, PALAKKAD DISTRICT-678609

7. SATHYAKUMAR, S/O. SANKARAN KUTTY GUPTHAN, KOORAKOTTIL NECHIKUZHY HOUSE, CHETHALLOOR P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT - 678609 R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI. C.K. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 25820 of 2015 (B) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE CERTIFICATE OF REGISTRATION DT 5/7/2007. P2:

COPY OF THE CERTIFICATE ISSUED BY THE POLLUTION CONTROL BOARD DT 8/10/2014.

P3:

COPY OF THE LICENSE DT 25/7/2015 ISSUED BY THE THIRD RESPONDENT WITH ENGLISH TRANSLATION.

P4:

COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT WITH ENGLISH TRANSLATION.

RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.25820 of 2015 ---------------------------------------- Dated this the 21st day of August 2015

J U D G M E N T

Shaffique, J Petitioner has approached this Court seeking police protection in the matter relating to conduct of poultry farm for which according to the petitioner, he has all valid licence/permit from the competent authorities. It is stated that respondents 4 to 7 have no right to create obstruction to the conduct of the farm as well as transportation of poultry. This, according to the petitioner, still causes substantial loss and damage. Though he filed a complaint to the police, so far no action has been taken by the police. Therefore he has approached this Court. 2.

The learned Government Pleader, on instructions, would submit that no complaint has been given by the petitioner in respect of any offence or obstruction being created. Having regard to the aforesaid factual situation, we do not think that a direction, as prayed for, can be granted. We only observe that if there is any obstruction in relation to the conduct

of poultry farm by the petitioner, it shall be open for him to file a complaint to the 2nd respondent who shall look into the matter and take appropriate action, in accordance with law. With the above observation, this writ petition is closed. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr