Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945 WP(C) NO. 26035 OF 2020 PETITIONER/S:
IBRAHIM AGED 53 YEARS S/O. MUHAMMED, ULLAI MUNDETH HOUSE, S.EZHIPRAM KARA, VAZHAKKULAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM-683 107 BY ADVS.
PRAVEEN K. JOY SRI.E.S.SANEEJ SRI.M.P.UNNIKRISHNAN SMT.M.K.SAMYUKTHA SHRI.DEEPU RAJAGOPAL RESPONDENT/S:
1 STATE OF KERALA REP BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, TRIVANDUM-695N 001 2 THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA, ERNAKULAM-683 101 3 STATION HOUSE OFFICER, THADIYITTAPARAMBU POLICE STATION, ERNAKULAM-683 015 4 SUB INSPECTOR OF POLICE, THADIYITTAPARAMBU POLICE STATION, ERNAKULAM-683 105 5 OUSEPH, AGED 56 YEARS S/O.POULOSE, URUMATHU HOUSE, Z.EZHIRPAM KARA, VAZHAKKULAM VILALGE, KUNNATHUNADU TALUK-683 107 6 BASIL AGED 32 YEARS S/O.OUSEPH, URUMATHU HOUSE, Z.EZHIRPAM KARA, VAZHAKKULAM VILALGE, KUNNATHUNADU TALUK-683 107 7 BENEENA AGED 53 YEARS W/O. OUSEPH, URUMATHU HOUSE, Z.EZHIRPAM KARA, VAZHAKKULAM VILALGE, KUNNATHUNADU TALUK-683 107 BY ADV SRI.P.SATHISAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 26035/2020 -2- JUDGMENT (Dated this the 8th day of December, 2023) The writ petition is filed for a direction to respondents 2 to 4 to grant adequate police protection for the smooth functioning of the unit of the petitioner under Exts.P1 to P9 licenses. Admittedly, Exts.P1 to P9 licenses have expired.
The counsel for the petitioner submits that the same has been renewed subsequently, and therefore, there is still obstruction from respondents 5 to 7 for the functioning of the unit.
2.
The counsel for respondents submits that the civil suit filed by the petitioner has already been dismissed for default and the restoration petition is pending, which has not been ordered till date.
Taking into consideration that there is a dispute
WPC 26035/2020 -3- regarding the pathway that is used by the petitioner for the ingress and egress of the unit, this writ petition is disposed of giving liberty to the petitioner to approach the authorities if he is armed with all necessary licenses, permits, and sanctions for the functioning of the unit. As far as the dispute regarding the pathway is concerned, it is for the civil court to adjudicate the matter.
Sd/- BASANT BALAJI JUDGE JS
WPC 26035/2020 -4- APPENDIX OF WP(C) 26035/2020 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE PHOTOCOPY OF THE D & O LICENSE ISSUED BY THE VAZHAKKULAM PANCHAYATH DATED 03.07.2020 EXHIBIT P2 THE TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT MEDICAL OFFICER DATED 1.07.2016 EXHIBIT P3 THE TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES DATED 16.07.2016 EXHIBIT P4 THE TRUE PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE DISTRICT GEOLOGIST, ERNAKULAM DATED 07.09.2016 EXHIBIT P5 THE TRUE PHOTOCOPY OF THE GST REGISTRATION CERTIFICATE DATED 21.09.2017 EXHIBIT P6 THE TRUE PHOTOCOPY OF THE LICENSE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS DATED 29.12.15 EXHIBIT P7 THE TRUE PHOTOCOPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 06.09.2018 EXHIBIT P8 THE TRUE PHOTOCOPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 11.09.2018 EXHIBIT P9 THE TRUE PHOTOCOPY OF THE RECEIPT FOR THE D & O LICENSE AND OTHER FEES FORM THE PANCHAYATH DATED 03.07.2020 EXHIBIT P10 THE TRUE PHOTOCOPY OF THE FIR NO.153/2014 DATED 01.03.2014 EXHIBIT P11 THE TRUE PHOTOCOPY OF THE INJUNCTION ORDER IN IA 212/2016 IN OS 45/2016 OF MUNSIFF COURT, PERUMBAVOOR EXHIBIT P12 THE TRUE PHOTOCOPY OF THE ORDER IN IA 212/2016 IN OS 45/2016 OF MUNSIFF COURT, PERUMBAVOOR DATED 16.03.2016 EXHIBIT P13 THE TRUE PHOTOCOPY OF THE RESTORATION
WPC 26035/2020 -5- PETITION NUMBERED AS RP 17/2020 IN OS 45/2016 OF MUNSIFF COURT, PERUMBAVOOR EXHIBIT P14 THE TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT EXHIBIT P15 THE TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE 2RD RESPONDENT