Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 7TH DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945 WP(C) NO. 16626 OF 2020 PETITIONER:
MUHAMMED P AGED 30 YEARS S/O.ABDU.P., PARAYIL HOUSE, THOZHUVANUR P.O., VALANCHERI, MALAPPURAM DISTRICT, PIN-676 552.
BY ADV SRI.C.R.REKHESH SHARMA RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE DISTRICT POLICE CHIEF, MALAPPURAM, MALAPPURAM-PALAKKAD STATE HIGHWAY, NEAR MST, UP HILL, MALAPPURAM, KERALA, PIN-676 505.
3 CIRCLE INSPECTOR OF POLICE (SHO), KADAMPUZHA POLICE STATION, MALAPPURAM DISTRICT, PIN-679 553.
4 THE SUB INSPECTOR OF POLICE, KADAMPUZHA POLICE STATION, KADAMPUZHA, MALAPPURAM DISTRICT, PIN-679 553.
5 ABDUL GAFOOR.K.T., AGED 52 YEARS KUTTIPURATHODI HOUSE, MALAYIL, KANJIPURA, KADAMBUZHA P.O., MALAPPURAM DISTRICT, PIN-679 552.
6 FATHIMA, AGED 55 YEARS MANJAKANDAN HOUSE, MALAYIL, KANJIPURA, KADAMBUZHA P.O., MALAPPURAM DISTRICT, PIN-679 552.
7 MUHAMMED SHAFI.P., AGED 26 YEARS PALATHINGAL HOUSE, MALAYIL, KANJIPURA, KADAMBUZHA P.O., MALAPPURAM DISTRICT, PIN-679 552.
WP(C) NO. 16626 OF 2020 2 OTHER PRESENT:
GP SREEJITH V.S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16626 OF 2020 3 JUDGMENT (Dated this the 7th day of December, 2023) The petitioner has been filed this writ petition for the following reliefs:- “i.
Issue a writ of mandamus or any other writ or direction directing the respondents 2 to 4 to provide adequate protection to the life and business of the petitioner, by removing obstruction and threat caused by the respondents 5 to 7 in running the manufacturing unit of the petitioner situated in Melmuri Village, Malappuram District.
ii.
Pass such any other order, direction or reliefs as this Hon’ble Court may deem fit in the interest of justice, equity and good conscience.” 2.
Though notice was issued to the respondents, they accepted it and none appears.
The writ petition is filed in the year 2020 and there is no interim order from this Court. Therefore, this writ petition is disposed of giving liberty to the petitioner to approach the official respondents, if
WP(C) NO. 16626 OF 2020 4 the threat still exists.
With the aforesaid direction, the present writ petition is disposed of.
Sd/- BASANT BALAJI JUDGE rpr
WP(C) NO. 16626 OF 2020 5 APPENDIX OF WP(C) 16626/2020 PETITIONER’s EXHIBITS EXHIBIT P1 TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE ISSUED BY THE DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA.
EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE ASSISTANT DISTRICT INDUSTRIES OFFICER, TIRUR.
EXHIBIT P3 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 17.07.2018 ISSUED IN THE NAME OF THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE OFFICE OF THE DISTRICT FIRE OFFICER, MALAPPURAM DATED 17.10.2018.
EXHIBIT P5 TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 07.01.2019.
EXHIBIT P6 TRUE COPY OF THE D & O LICENCE DATED 11.05.2020 ISSUED BY THE MARAKKARA GRAMA PANCHAYATH.
EXHIBIT P7 TRUE COPY OF DIRECTION NOTICE DATED 04.02.2020 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD.
EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 03.08.2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.