Vaniyambalam Rubber Producers Society v. The Sub Inspector Of Police
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 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937 WP(C).No. 32187 of 2015 (W) ---------------------------- PETITIONER :
---------------------- VANIYAMBALAM RUBBER PRODUCERS SOCIETY ATHANI - KAYATTAM P.O., KARADU- 679 339, MALAPPURAM DISTRICT, REPRESENTED BY ITS PRESIDENT K.V.VIJAYAN.
BY ADVS.SRI.V.RAJENDRAN KUM.ANJU CLETUS RESPONDENT(S):
----------------------------
1. THE SUB INSPECTOR OF POLICE, WANDOOR, PIN - 679 328, MALAPPURAM DISTRICT.
2. SRI.RIYAS BABU, S/O.RAYIL, KIZHAKKE PALAMADOM, P.O.AMARAMBALAM SOUTH, PIN-679 339, MALAPPURAM DISTRICT.
3. SRI.SAFEEQUE, S/O.ISMAIL, CHALUVALLY, KIZHAKKE PALAMADOM, P.O.AMARAMBALAM SOUTH, PIN -679 339, MALAPPURAMDISTRICT.
4. WANDOOR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, WANDOOR P.O.-679 328, MALAPPURAM DISTRICT.
R1 BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R2 & R3 BY ADV. SRI.M.R.NANDAKUMAR R4 BY SRI.T.KRISHNANUNNI,SENIOR ADVOCATE ADV. SRI.SAJU.S.A THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 32187 of 2015 (W) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:
TRUE COPY OF THE STOP MEMO DATED 20.1.2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER SOCIETY (ALONG WITH ENGLISH TRANSLATION).
EXT.P-2:
TRUE COPY OF THE REPLY DATED 28.1.2015 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT (ALONG WITH ENGLISH TRANSLATION) EXT.P-3:
TRUE COPY OF THE COMPLAINT DATED 25.8.2015 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. (ALONG WITH ENGLISH TRANSLATION) EXT.P-4:
TRUE COPY OF THE LETTER DATED 28.9.2015 OF THE 4TH RESPONDENT TO THE PETITIONER (ALONG WITH ENGLISH TRANSLATION).
EXT.P-5:
TRUE COPY OF THE LETTER DATED 14/10/2015 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER SOCIETY RESPONDENT(S)' EXHIBITS:
NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
------------------------------------------- W.P.(C) No.32187 of 2015 -------------------------------------------- Dated this the 19th day of November 2015
J U D G M E N T
Shaffique, J.
The petitioner Society has approached this Court seeking for police protection. According to them, when attempts were made to construct an effluent treatment plant after getting permission from the competent authorities, the same had been obstructed by respondents 2 and 3. Though complaints were given to the police for necessary protection, no action has been taken in the matter and hence, the petitioner has approached this Court. 2.
Counter affidavit has been filed by respondents 2 and 3 inter alia stating that there was foul smell emanating from the premises in question and no steps were taken by the management of the Society to prevent the same.
3.
The petitioner has filed reply affidavit producing Ext.P5, by which, the Kerala State Pollution Control Board had permitted them to construct and commission the effluent treatment plant. Necessary parameters have also been specified. 4.
Having regard to the aforesaid factual situation, since the petitioner Society is proceeding to construct the effluent
W.P.(C) No.32187 of 2015 -: 2 :- treatment plant, it is apparently to avoid nuisance and foul smell while discharging the effluent. It has to treat the effluent and take such measures to avoid pollution, that too, as per the directions issued by the Kerala State Pollution Control Board. 5.
Under such circumstances, we are of the view that if there is any obstruction from the side of respondents 2 and 3 in the matter relating to construction of effluent treatment plant by the petitioner, the first respondent shall provide necessary protection.
With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/19.11.2015.