Sheeba Shajahan vs. State Of Kerala
Held
The Court directed the police to provide assistance to the entrepreneur to carry out the corrective measures mandated by the PCB without obstruction from residents. It clarified that the entrepreneur could only commence commercial operation after rectifying all defects and obtaining written concurrence from the Environmental Engineer that the conditions in the consent to operate have been complied with.
Facts
A woman entrepreneur, operating 'Quilon Rock Products' with valid permits including a PCB consent to operate, sought police protection to rectify defects pointed out by the PCB and commence business, alleging obstruction from local residents. The residents filed a separate petition opposing the unit, citing pollution concerns and alleging fraudulent consent acquisition.
Key Issues
Whether the entrepreneur is entitled to police protection to carry out PCB-mandated corrective measures and commence business, and whether the residents' objections to the rock products unit warrant its prohibition.
Sections Cited
Exhibit P1 (GST Registration No.32AMPPS6881AIZT)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945 WP(C) NO. 3210 OF 2024 PETITIONER: ANITHA SUNIL, W/O.SUNIL KUMAR AGED 53 YEARS QUILON ROCK PRODUCTS, RESIDING AT TRIPTHY, PANKONAM, MUKHATHALA P.O., KOLLAM, PIN - 691577 BY ADVS. B.MOHANLAL P.S.PREETHA ASWIN V. NAIR BLESSY MARY SEBASTIAN JAYAPRABHA ARJUN AJAY S. KOSHY RESPONDENTS: 1 STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014 2 THE CITY POLICE COMMISSIONER KOLLAM CITY, DISTRICT POLICE HEADQUARTERS, KOLLAM, PIN - 691001 3 THE ASSISTANT POLICE COMMISSIONER KOLLAM CITY, DISTRICT POLICE HEADQUARTERS, KOLLAM, PIN - 691001 4 THE STATION HOUSE OFFICER ANCHALUMOOD POLICE STATION, ANCHALUMOOD P.O., KOLLAM, PIN - 691601 5 THE ENVIRONMENTAL ENGINEER KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, USHUS BUILDING, CHAMAKKADA, KOLLAM, PIN - 691001
W.P.(C).3210 of 2024& 710/2024 2 6 SRI.SIVAPRASAD THULASI VILASOM, KUREEPUZHA, KOLLAM, PIN - 691601 7 SMT.MINI THULASI VILASOM, KUREEPUZHA, KOLLAM, PIN - 691601 8 SRI.SHAJAHAN NADUVATHAZHIKATHU KIZHAKKATHIL, KUREEPUZHA, KOLLAM, PIN - 691601 9 SRI.SA
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