Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 10TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944 WP(C) NO. 19917 OF 2022 PETITIONERS:
1 RIZAD R., AGED 38 YEARS CHARUVIL HOUSE, THEKKEMURI, SHOORANAD NORTH P.O., KOLLAM-690561.
2 ANAS, ANAS NIVAS, THEKKEMURI SHOORANAD NORTH P.O KOLLAM 690 561.
BY ADVS.
M.A.FAYAZ M.VISHNUPRIYA C.B.ABHINAVA RESPONDENTS:
1 STATE OF KERALA, REP.BY SECRETARY TO THE GOVERNMENT INDUSTRIES DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695001.
2 THE DISTRICT COLLECTOR, CIVIL STATION, KOLLAM-691013.
3 SUPERINTENDENT OF POLICE (RURAL) , KOTTARAKKARA, O/O THE SUPERINTENDENT OF POLICE (RURAL) KOTTARAKKARA KOLLAM-691506.
4 STATION HOUSE OFFICER, SHOORANAD POLICE STATION, SHOORANAD PO, KOLLAM-690561.
5 RAJESH KUMAR K., LEELA SADHANAM, PADINJATTA MURI, SHOORANAD NORTH, KOLLAM-691561.
BY ADVS.
V.PREMCHAND SURYA MOHAN P.
INDHU G.
BY SRI.T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.19917 OF 2022 2 JUDGMENT Dated this the 10th day of October, 2022 This writ petition is filed seeking the following reliefs:
“i. To issue of Writ of Mandamus or any other appropriate writ or order directing respondents 3 and 4 to grant adequate and effective police protection to the petitioners, their workmen and the industrial unit function without any threat or hindrances from the 5 respondent his henchmen and any other persons.
ii. To declare that the 5th respondent or any other person has no right to hinder the functioning of the petitioner's industrial unit by name M/s Malabar Industries as the same is functioning fully in compliance with the laws of the land and obtaining all the requisite license permit.
iii.To direct respondents 3 and 4 to give necessary direction to the 5 respondent and his henchmen not to cause any obstruction or difficulties in the vicinity of the industrial unit by name M/s.Malabar Industries or to cause physical harm to the petitioners, their workmen and the industrial unit.
iv. To direct the respondents 3 and 4 to take
W.P.(C)No.19917 OF 2022 3 necessary action on Ext. P9, P11, P13 and P15 complaints filed by the petitioners and to take necessary steps to prevent any untoward incidents by the 5th respondent or his henchmen which may result in physical harm to the petitioner, their employees and the industrial unit ” 2.
Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned counsel appearing for the 5th respondent.
3.
It is submitted by the learned counsel appearing for the petitioner that the petitioner is running a small scale industrial unit with all due permissions in Shooranad North Grama Panchayat.
It is submitted that the 5th respondent and other persons who are supporting him are creating threats and obstructions to the running of the Unit and that the petitioner is entitled to protection for carrying out activities in the Unit which is duly licensed.
4.
The learned Government Pleader submits,
W.P.(C)No.19917 OF 2022 4 on instructions, that the parties have been summoned and statements have been recorded that there is no law and order situation or overt acts by the 5th respondent or anybody supporting him as against the activities of the petitioner.
5.
The 5th respondent has placed a counter affidavit on record, wherein it is contended that there are objections to the conduct of the Unit in the said area and that objections have been raised by the 5th respondent before the District Collector.
It is further submitted that there is absolutely no obstruction or hindrance caused to the functioning of the unit by the respondents or any of the residents of the locality and that the writ petition for police protection is, therefore, not maintainable.
6.
Having considered the contentions advanced, I am of the opinion that in case there is any objection by the residents of the locality or the
W.P.(C)No.19917 OF 2022 5 5th respondent it is for the said persons to take up the matter appropriately before the Pollution Control Board, the Panchayat or other appropriate forum as the case may be.
7.
It is submitted by the learned counsel for the 5th respondent that there will be no attempt to obstruct the functioning of the Unit and that only appropriate steps in accordance with law will be taken by the 5th respondent.
The said submission is recorded. The writ petition is closed. However in case of any further complaints, the Station House Officer shall take appropriate steps to see that law and order is maintained. All other contentions are left open to be decided in appropriate proceedings.
Sd/- ANU SIVARAMAN JUDGE SSK/07/10
W.P.(C)No.19917 OF 2022 6 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE K-SWIFT CERTIFICATE ISSUED BY THE DISTRICT INDUSTRIES CENTRE KOLLAM DATED 26.02.2022.
Exhibit P2 TRUE COPY OF THE MICRO SMALL MEDIUM ENTERPRISES FACILITATION ACT, 2019 PUBLISHED IN THE KERALA GAZETTE VOL 8 DATED 07.12.2019.
Exhibit P3 TRUE COPY OF THE CONSENT LETTER ISSUED BY THE POLLUTION CONTROL BOARD DATED 24.02.2022.
Exhibit P4 TRUE COPY OF THE LOCATION SKETCH OF THE INDUSTRIAL
DEMARCATING
THE
RESIDENTIAL BUILDINGS IN THE VICINITY.
Exhibit P5 TRUE COPY OF POLLUTION CONTROL BOARD ISSUED AUTHORIZATION PERMIT TO THE INDUSTRIAL UNIT BY ORDER DATED 03.05.2022.
Exhibit P6 TRUE COPY OF UDYAM REGISTRATION CERTIFICATE DATED 15.05.2022.
Exhibit P7 TRUE COPY OF THE LAND TAX RECEIPT DATED 30.11.2021 Exhibit P8 TRUE COPY OF THE GST REGISTRATION CERTIFICATE OBTAINED IN THE NAME OF THE PETITIONERS.
Exhibit P9 TRUE COPY OF THE COMPLAINTS SUBMITTED BEFORE THE RESPONDENT.
Exhibit P10 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 4T RESPONDENT DATED 10.05.2022.
Exhibit P11 TRUE COPY OF THE COMPLAINTS SUBMITTED BEFORE THE 2ND RESPONDENT DATED NIL.
Exhibit P12 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 2ND RESPONDENT DATED 09.06.2022.
Exhibit P13 TRUE COPY OF THE COMPLAINTS SUBMITTED BEFORE THE 3RD RESPONDENT DATED NIL.
Exhibit P14 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 3RD RESPONDENT DATED 09.06.2022.
Exhibit P15 TRUE COPY OF THE COMPLAINTS SUBMITTED BEFORE THE 4TH RESPONDENT DATED NIL.
Exhibit P16 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 4TH RESPONDENT DATED 09.06.2022.
Exhibit P17 PHOTOGRAPHS OF THE DAMAGED WINDOWS OF PETITIONERS INDUSTRIAL UNIT.
RESPONDENT EXHIBITS Exhibit R5(a) TRUE COPY OF THE COMPLAINT DATED 24/04/2022 FILED BY THE 5TH RESPONDENT BEFORE THE DISTRICT COLLECTOR, KOLLAM.
SSK //TRUE COPY// PA TO JUDGE