Sajan Mani v. District Police Chief

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 30TH DAY OF SEPTEMBER 2015/8TH ASWINA, 1937 WP(C).No. 26710 of 2015 (K) ---------------------------- PETITIONER(S):

-------------------------- SAJAN MANI AGED 50 YEARS MANAGING DIRECTOR M/S.BLUEMOUNT SANDS & AGGREGATES (P) LTD.

KANIYARKUZHIYIL, KARIMKUNNU PO, THODUPUZHA.

BY ADVS.SRI.MVS.NAMBOOTHIRY SRI.POOVAMULLE PARAMBIL ABDULKAREEM SRI.R.VINU RAJ RESPONDENT(S):

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

1. DISTRICT POLICE CHIEF TRIVANDRUM RURAL, TRIVANDRUM-695 001.

2. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121

3. THE CIRCLE INSPECTOR OF POLICE VELLARADA, THIRUVANANTHAPURAM-695 505.

4. THE SUB INSPECTOR OF POLICE, VELLARADA, THIRUVANANTHAPURAM-695 505.

5. V.RUSALAIYYAN THOTTATHU HOUSE, MARAPPALLAM, THEKKUPARA (PO) VELLARADA, THIRUVANANTHAPURAM, PIN-695 505.

6. M.R.RANGANATHAN MURALEEBHAVAN, KOOTHALI (PO), VELLARA SECRETARY, CPI (M) LOCAL COMMITTEE, VELLARADA-695 505.

7. GEETHA JAYADAS ELOSHYAGRUHAM, KEEZHMUTTOOR, THEKKUPARA PO VELLARADA, THIRUVANANTHAPURAM, PIN-695 505.

8. T.L.RAJESH KRIPASAGAR, VETTUKUTTI, KOOTHALI PO VELLARADA, THIRUVANANTHAPURAM, PIN-695 505.

WPC NO.26710/15 -2-

9. JAYADAS ELOSHYAGRUHAM, KEEZHMUTTOOR, THEKKUPARA PO VELLARADA, THIRUVANANTHAPURAM, PIN-695 505.

10. SHINE KUMAR APPUKONAM, KOOTHALI PO, VELLARADA THIRUVANANTHAPURAM, PIN-695 505.

11. RAJENDRAPRASAD CHANDRIKANILAYAM, KOOTHALI PO, VELLARADA THIRUVANANTHAPURAM, PIN-695 505.

12. SHIBU V.M.

SHAJIBHAVAN, VETTUKUTTI, KOOTHALI PO VELLARADA, THIRUVANANTHAPURAM, PIN-695 505.

13. VIJAYAN NIRATHIL HOUSE, KAKATHOOKI, KOOTHALI PO VELLARADA, THIRUVANANTHAPURAM, PIN-695 505.

14. S.R.ASHOK SABARINIVAS, PILLAVEEDU, VLAKAM VELLARADA(PO), THIRUVANANTHAPURAM, PIN-695 505.

15. S.LAIJU LAIJU BHAVAN, APPUKONAM, KOOTHALI PO VELLARADA, THIRUVANANTHAPURAM, PIN-695 505.

16. BALRAJ LEELATHILAKAM, KAKATHOOKKI, KOOTHALI PO VELLARADA, THIRUVANANTHAPURAM, PIN-695 505.

R5-R16 BY ADV. SRI.K.T.SHYAMKUMAR R5-R16 BY ADV. SRI.HARISH R. MENON BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26710 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 : TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED TO THE PETITIONER FROM VELLARADA VILLAGE OFFICE WITH ENGLISH TRANSLATION.

P2 : TRUE COPY OF THE TAX RECEIPT DATED 19-5-2014 ISSUED TO THE PETITIONE WITH ENGLISHT TRANSLATION P3 : TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED TO THE PETITIONER FROM THE VELLARADA GRAMA PANCHAYATH WITH ENGISH TRANSLATION P4 : TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED TO THE PETITIONER BY THE DISTRICT MEDICAL OFFICER, THIRUVANANTHAPURAM WITH ENGISH TRANSLATION P5 : TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 19-1-2011 ISSUED TO THE PETITIONER BY THE FIRE & RESCUE SERVICES, SOUTHERN REGION, TRIVANDRUM P6 : TRUE COPY OF THE CERTIFICATE DATED 14-9-2012 ISSUED TO THE PETITIONER BY THE INSPECTOR OF FACTORIES & BOILERS GRADE I, TRIVANDRUM. P7 : TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER FROM THE DIVISIONAL FOREST OFFICE, TRIVANDRUM WITH ENGLISH TRANSLATION.

P8 : TRUE COPY OF THE COMPLAINT DATED 20-8-2015 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH ENGLISH TRANSLATION. P9 : TRUE COPY OF THE COMPLAINT DATED 20-8-2015 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH ENGLISH TRANSLATION. P10 : TRUE COPY OF THE COMPLAINT DATED 20-8-2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH ENGLISH TRANSLATION. P11 : TRUE COPY OF THE COMPLAINT DATED 20-8-2015 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT WITH ENGLISH TRANSLATION. P12 : TRUE COPY OF THE NEWS ITEM APPEARED IN THE MALAYALA MANORAMA DAILY DATED 1-5-2013 WITH ENGLISH TRANSLATION. 5TH RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.

TRUE COPY OF THE REPORT OF THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM.

WPC NO.26710/2015 -2EXT.R5(b):

TRUE COPY OF THE ORDER DATED 5.3.2013 ISSUED BY THE GOVERNMENT ALONG WITH ITS ENGLISH TRANSLATION.

EXT.R5(c):

TRUE COPY OF THE LETTER DATED 5.12.2013 ISSUED BY THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM ALONG WITH ITS ENGLISH TRANSLATION.

EXT.R5(d):

TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE ACTION COUNCIL BEFORE THE CENTRAL EMPOWERED COMMITTEE.

EXT.R5(e):

TRUE COPY OF THE LETTER DT 30.5.13 ISSUED BY THE CENTRAL EMPOWERED COMMITTEE.

//True Copy// PS to Judge Rp

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 26710 of 2015 ================== Dated this, the 30th day of September, 2015

J U D G M E N T

Shaffique, J.

This writ petition is filed by the petitioner seeking police protection inter alia alleging that obstruction is caused by respondents 5 to 16 in the matter relating to construction of an industrial unit by name Bluemount Sands and Aggregates Private Ltd. Petitioner has purchased some property for starting a metal crushing unit.

2.

Counter affidavit has been filed by respondents 5 to 16 inter alia stating that petitioner does not have any permission to start such a unit. Though no objection was granted by the local Panchayat in terms of Ext.P3, the same has been cancelled by the Government as per order dated 5/3/2013, which is produced as Ext.R5(b).

Having regard to the fact that the petitioner does not have any permission to construct the industrial unit, we do not think

W.P(C) No.26710/15 -:2:- that any direction for police protection as sought for can be granted in this writ petition. Accordingly, the writ petition is dismissed.

However, the dismissal of the writ petition shall not preclude the petitioner from taking any further steps in this regard after obtaining necessary permission/licence from the competent authorities.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp 30/09/2015 //True Copy// PS to Judge