High Court of KeralaWP(C)/34627/2015closed

Renny K. John v. The Circle Inspector Of Police, Kaliyar Police Station

2015-12-16Honourable 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 K.RAMAKRISHNAN WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 ---------------------------------- PETITIONER(S):

-------------------------- RENNY K. JOHN PROPRIETOR M/S.DAYASAGAR HOLLOW BRICKS AND M-SAND UNIT VANNAPPURAM POST, THODUPUZHA 685607, IDUKKI DISTRICT. BY ADVS.SRI.MATHEW JOHN (K) SRI.DOMSON J.VATTAKUZHY RESPONDENT(S):

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

1. THE CIRCLE INSPECTOR OF POLICE KALIYAR POLICE STATION, IDUKKI DISTRICT, 685501.

2. SUB INSPECTOR OF POLICE KALIYAR POLICE STATION, IDUKKI DISTRICT 685501.

3. M.G.PRINCE MUNDYAPARAMBIL, VANNAPPURAM P.O., IDUKKI DISTRICT-685607.

4. GEORGE SEBASTIAN EDASSERIL HOUSE, VANNAPPURAM P.O., IDUKKI DISTRICT-685607.

5. JOMON S/O.THOMAS, KATTAMKOTTIL, VANNAPURAM P.O.

IDUKKI DISTRICT, 685607.

6. BINU S/O.SREENIVASAN, MAPPILASSERIL HOUSE THANKACHAN PAULOSE, VELLACHALIL HOUSE VANNAPPURAM P.O., IDUKKI DISTRICT, 685607.

7. SOORAJ S/O.KRISHNAN, PUTHANMADATHIL HOUSE, VANNAPPURAM P.O. IDUKKI DISTRICT 685607.

- 2 -

8. BIJU P.R.

PARAYALICKACHALIL HOUSE, VANNAPPURAM P.O.

IDUKKI DISTRICT 685607.

9. SCARIA S/O.KURIAKOSE, KANNATTU HOUSE, VANNAPPURAM P.O. IDUKKI DISTRICT, 685607.

10. BIJU CHETTAYIL CHETTAYIL HOUSE, VANNAPPURAM P.O., IDUKKI DISTRICT 685607.

R1, R2 BY SR. GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR R3-R5 BY ADV. SMT.DAISY A.PHILIPOSE R6-R10 BY ADV. SRI.GEORGEKUTTY MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE CONSENT NO.PCB/IDK/ICE/25/2012 DATED 9/5/2012. EXHIBIT-P1(A): TRUE COPY OF THE CONSENT NO.PCB/IDK/ICE/245/2012 DATED 9/5/2012. EXHIBIT-P2: TRUE COPY OF THE ORDER DATED 27/5/2015 PASSED BY THIS HON'BLE COURT IN WP(C) NO.15708/2015.

EXHIBIT-P3: TRUE COPY OF THE PETITION DATED 30/11/2014 SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION. EXHIBIT-P4: TRUE COPY OF THE FIR IN CRIME NO.0255 OF KALIYAR POLICE STATION ALONG WITH ITS ENGLISH TRANSLATION.

EXHIBIT-P5: TRUE COPY OF THE PETITION DATED 5/6/2015 BEFORE THE 2ND RESPONDENT EXHIBIT-P6: TRUE COPY OF THE PETITION SUBMITTED BEFORE THE 2ND RESPONDENT ON 8/11/2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- EXHIBIT R4[a] : A TRUE COPY OF THE JUDGMENT IN WPC.NO.7661/2013 DTD.24.7.2013 EXHIBIT R4[b] : A TRUE COPY OF THE JUDGMENT IN APPEAL No.128 OF 2014 BEFORE THE HONOURABLE TRIBUNAL LOCAL SELF GOVERNMENT INSTITUTION, THIRUVANANTHAPURAM DATED 3.6.2014 EXHIBIT R4[C] : A TRUE COPY OF THE JUDGMENT IN WPC.1585/2014 DTD.12.3.2015. EXHIBIT R4[D] : A TRUE COPY OF THE ORDER NO.PCB/HO/IDK/GEN/3/2014 DTD 19.11.2015 EXHIBIT R6[a] : A TRUE COPY OF THE ORDER DATED 19.11.2015 ISSUED BY ITS CHAIRMAN // TRUE COPY // P.A. TO JUDGE sou.

ASHOK BHUSHAN, CJ & K. RAMAKRISHNAN., J -------------------------------------------------------------- W.P(C). No. 34627 of 2015 --------------------------------------------------------------- Dated this the 16th day of December, 2015

JUDGMENT

Ashok Bhushan, CJ.

Heard learned counsel for the petitioner, learned Government Pleader as well as the learned counsel appearing for private respondents.

2. Petitioner has come up in the writ petition seeking a direction for providing protection to the person and property of the petitioner from the threat of respondents 3 to 10. It is stated that petitioner has been granted an interim order to carry on with the construction of the unit in his property. Exhibit P1 consent from Pollution Control Board for establishing the unit has already been obtained.

3. Learned counsel for the respondent submits that the period of Exhibit P1 consent was valid only upto 8.5.2015 and further Exhibit P2 interim order, which the petitioner has placed reliance was passed on consent which cannot entitle the petitioner to carry on the construction work as the period of

W.P(C).34627/15 consent has already been run out.

4. Learned counsel for the petitioner submits that this Court has passed an interim order only with regard to a direction to keep a vigil on the activities of respondents and maintain law and order. Learned counsel for the petitioner further submits that the petitioner has not proceeded with any construction on the basis of the orders annexed along with the writ petition.

5. Though no direction is required to be passed in that context, we only observe that in any event any offence is committed or attempt to offence is committed, it shall be open for the petitioner to file complaint before the police authority, who will look into the matter.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- K. RAMAKRISHNAN JUDGE sou.17/12/15