← Library
High Court of KeralaWP(C)/31879/2015disposed of

Mohammed Aslam v. The District Police Chief

2015-10-29Honourable 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 29TH DAY OF OCTOBER 2015/7TH KARTHIKA, 1937 WP(C).No. 31879 of 2015 (H) ---------------------------- PETITIONER(S):

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

1. MOHAMMED ASLAM AGED 27 YEARS S/O.ABDUL VAHAB, MANAGING PARTNER, M/S. GRAND POLYMERS RESIDING AT KOLACHALIL HOUSE, PERINTHALMANNA P.O MALAPPURAM DISTRICT.

2. P.K.SHERIFA W/O.ABDUL VAHAB, PARTNER, M/S. GRAND POLYMERS RESIDING AT KOLACHALIL HOUSE, PERINTHALMANNA P.O MALAPPURAM DISTRICT.

BY ADV. SRI.S.NIDHEESH RESPONDENT(S):

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

1. THE DISTRICT POLICE CHIEF MALAPPURAM 676 505.

2. CIRCLE INSPECTOR OF POLICE PERINTHALMANNA, MALAPPURAM- 679 332.

3. SUB INSPECTOR OF POLICE KOLATHOOR POLICE STATION MALAPPURAM DISTRICT. 679 338.

4. IBRAHIM POOPATTA HOUSE, CONVENOR, ANTIPOLLUTION ACTION COUNCIL PULVETTY, PANG P.O, MALAPPURAM 679 338.

5. SHIHAB PULLIYIL CHAIRMAN, ANTIPOLLUTION ACTION COUNCIL, PULVETTY PANG P.O, MALAPPURAM 679 338.

6. ABDUL SALAM NADUTHODI, TREASURER, ANTIPOLLUTION ACTION COUNCIL, PULVETTY PANG P.O, MALAPPURAM 679 338.

7. THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD DISTRICT OFFICE, MALAPPURAM 676 505.

R1-R3 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN R4-R6 BY ADV. SRI.C.M.KAMMAPPU R7 BY SRI. M.AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31879 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. COPY OF THE UPTO DATE ONLINE INDUSTRY REGISTRATION RECEIPT DATED 21.7.15.

EXHIBIT P2. COPY OF THE CONSENT TO OPERATE THE UNIT ISSUED BY THE 7TH RESPONDENT.

EXHIBIT P3. COPY OF THE LICENSE FROM THE KARUVA GRAMA PANCHAYAT. EXHIBIT P3(A). COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3 LICENSE. EXHIBIT P4. COPY OF THE BROCHURE OF PETITIONERS UNIT GRAND POLYMERS. EXHIBIT P5. COPY OF THE LETTER DATED 1.10.15 ISSUED BY POLLUTION CONTROL BOARD.

EXHIBIT P5(A). COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P5 LETTER. EXHIBIT P6. COPY OF THE LETTER OF COMPLIANCE DATED 5.10.15 TO THE ENVIRONMENTAL ENGINEER, MALAPPURAM.

EXHIBIT P6(A). COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P6 LETTER OF COMPLIANCE.

EXHIBIT P6(B). COPY OF THE REVISED PLAN.

EXHIBIT P7.COPY OF THE MATERIAL SAFETY DATA SHEET POLYPROPYLENE (PP) ISSUED BY INDIAN OIL CORPORATION.

EXHIBIT P8. COPY OF THE COMPLAINT DATED 12.9.15 SUBMITTED BEFORE 3RD RESPONDENT.

EXHIBIT P8(A). COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P8 COMPLAINT. EXHIBIT P9. COPY OF THE COMPLAINT DATED 16.10.15 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P9(A). COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P9 COMPLAINT. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY //

P.A. TO JUDGE sou.

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 31879 of 2015 --------------------------------------------------------------- Dated this the 29th day of October, 2015

JUDGMENT

Ashok Bhushan, CJ.

Heard learned counsel for the petitioner, learned Government Pleader as well as counsel appearing for respondents 4 to 6 and Standing Counsel appearing for the seventh respondent.

2. By this writ petition, the petitioner has prayed for a direction to respondents 1 to 3 to grant adequate police protection to the petitioners, their unit and the workers from the hindrances of respondents 4 to 6. The petitioners case is that the petitioner has started a plastic packing cover manufacturing unit with valid consent up to 19.3.2018 and unnecessary obstructions are created by respondents 4 to 6.

3. Learned counsel appearing for respondents 4 to 6 would submit that no physical obstructions are being created by respondents 4 to 6 and they have only given a mass petition to the competent authority against the functioning of the unit.

W.P(C).31879/15

4. Learned counsel appearing for the Pollution Control Board submits that due consent has already been granted and the industry is a Green industry and similar other institutions are functioning in the nearby area. Hence we dispose of the writ petition directing the third respondent to take appropriate steps to ensure that there is no undue hindrance for the petitioner to run the unit.

The writ petition is disposed of as above.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.29/10/15 // TRUE COPY // P.A. TO JUDGE