Judgment
W.P.(C).No.25029/22 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 14TH DAY OF SEPTEMBER 2022 / 23RD BHADRA, 1944 WP(C) NO. 25029 OF 2022 PETITIONER:
BASHEER K.P.
AGED 42 YEARS S/O. MAMMAD P., MANAGING PARTNER, ARENA GRANITES, VANIYAMPARA, RESIDING AT AMINA MANZIL,ILLAM MOOLA, MATTANNOOR P.O., SIVAPURAM, KANNUR DISTRICT, PIN - 670702 BY ADVS.
C.M.MOHAMMED IQUABAL P.ABDUL NISHAD RAIHANATH T.H.
ANFAS C.K.
RESPONDENTS:
1 THE DEPUTY SUPERINTENDENT OF POLICE, IRITTY IRITTY P.O., KANNUR DISTRICT, PIN - 670703 2 THE CIRCLE INSPECTOR OF POLICE IRITTY POLICE STATION, IRITTY P.O., KANNUR DISTRICT, PIN - 670703 3 THE STATION HOUSE OFFICER IRITTY POLICE STATION, IRITTY P.O., KANNUR DISTRICT, PIN - 670703 4 VELLASSERIL JOSEPH S/O. PHILIP (JOSE), VELLASSERIL HOUSE, KUNNOTH, KILIYANTHARA P.O., KANNUR DISTRICT, PIN - 670706
W.P.(C).No.25029/22 2 5 SELIN GEORGE PARTHANATHU HOUSE, KUNNOTH, KILIYANTHARA P.O., KANNUR DISTRICT, PIN - 670706 6 JESSY ABRAHAM W/O. ABRAHAM, VELLARAYIL HOUSE, KUNNOTH, KILIYANTHARA P.O., KANNUR DISTRICT, PIN - 670706 7 ABRAHAM VELLARAYIL VELLARAYIL HOUSE, KUNNOTH, KILIYANTHARA P.O., KANNUR DISTRICT, PIN - 670706 8 ACHAMMA JOSEPH KOLLANKOMPIL HOUSE, KUNNOTH, KILIYANTHARA P.O., KANNUR DISTRICT, PIN - 670706 9 VIJAYI RAJAN W/O. RAJAN, POOKKANDI HOUSE, KUNNOTH, KILIYANTHARA P.O., KANNUR DISTRICT, PIN - 670706 10 SIMI BENNY W/O. BENNY, CHERUVILA PUTHENVEETTIL HOUSE, KUNNOTH, KILIYANTHARA P.O., KANNUR DISTRICT, PIN - 670706 12 ADDL.R11, THE PAYAM GRAMA PANCHAYATH, MADATHIL, IRITTY P.O, IRITTY TALUK, KANNUR DISTRICT- 670 703, REPRESENTED BY ITS SECRETARY IMPLEADED VIDE ORDER DATED 04-08-2022 IN IA 1/2022 IN WP(C)25029/2022.
BY ADVS.
G.SREEKUMAR (CHELUR) CIBI THOMAS, SC, PAYAM GRAMA PANCHAYAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 1.09.2022, THE COURT ON 14.09.2022 DELIVERED THE FOLLOWING:
W.P.(C).No.25029/22 3 ANU SIVARAMAN, J.
= = = = = = = = = = = = = = = W.P.(C).No.25029 of 2022 = = = = = = = = = = = = = = = = Dated this the 14th day of September, 2022 JUDGMENT 1. This writ petition is filed with the following prayers:- “a) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to provide necessary and adequate protection from the respondents 4 to 10 and their henchmen to the life and property of the petitioner and his workers to take vehicles through the Panchayath road to the unit of the petitioner.
b) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2™ respondent to consider and pass appropriate orders on Ext. P14 representation filed by the petitioner.” 2. Heard the learned counsel for the petitioner, the learned Government Pleader, the learned counsel appearing for respondents 4 to 10 as well as the learned counsel for the 11th respondent Panchayat.
3. It is submitted by the learned counsel for the petitioner that the petitioner is conducting a metal crusher unit at Vaniyampara with all required permissions and documents and that
W.P.(C).No.25029/22 4 respondents 4 to 10 have blocked the public road to the metal crusher unit without any valid cause. It is contended that though complaints were preferred, no action had been taken by the police.
4. A detailed counter affidavit has been placed on record by respondent No.4 stating that the road in question is not a public road at all and that there is a civil suit pending and an order of status quo in the suit.
5. The learned counsel appearing for the 11th respondent also submits that the road in question is neither a Panchayat road nor a public road.
6. The learned Government Pleader would also submit, on instructions, that pursuant to the complaints received from the petitioner, the matter had been enquired into and it was found that the road in question is not a public road and further steps had not been taken.
W.P.(C).No.25029/22 5 7. I am of the opinion that the question with regard to the nature of the road and the right of the petitioner to use the same has to be decided before any order of police protection can be granted.
The writ petition is dismissed. However, it is made clear that all contentions of the parties are left open to be adjudicated in accordance with law.
sd/- Anu Sivaraman, Judge sj
W.P.(C).No.25029/22 6 APPENDIX OF WP(C) 25029/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ACKNOWLEDGMENT OF REGISTRATION OF FIRM DATED 26.09.2018.
Exhibit P2 THE TRUE COPY OF THE PERMIT ISSUED BY THE DISTRICT GEOLOGIST, KANNUR DATED 05.10.2021.
Exhibit P3 THE TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 26.06.2022.
Exhibit P4 THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 16.01.2020.
Exhibit P5 THE TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE ISSUED BY THE DISTRICT SINGLE WINDOW CLEARANCE BOARD, KANNUR DATED 24.08.2020.
Exhibit P6 THE TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED BY PAYAM GRAMA PANCHAYATH DATED 06.10.2020 Exhibit P7 THE TRUE COPY OF THE DECISION OF PAYAM GRAMA PANCHAYATH DATED 13.10.2020 Exhibit P8 THE TRUE COPY OF THE CERTIFICATE ISSUED BY DEPARTMENT OF ELECTRICAL INSPECTORATE DATED 26.02.2020 Exhibit P9 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C). NO. 13869/2020 OF THIS HON'BLE COURT Exhibit P10 THE TRUE COPY OF THE ORDER IN I.A. NO.
2/2021 IN O.S. NO. 166/2021 OF MUNSIFF COURT, KUTHUPARAMBA DATED 08.04.2021
W.P.(C).No.25029/22 7 Exhibit P11 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH RESPONDENT DATED 25.04.2022 Exhibit P12 THE TRUE COPY OF THE JUDGMENT IN WP(C).
NO.15878/2022 DATED 06.06.2022 OF THIS HON'BLE COURT Exhibit P13 THE TRUE COPY OF THE PHOTOGRAPHS OF THE BLOCKING Exhibit P14 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.07.2022 Exhibit P15 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 31.07.2022 RESPONDENT EXHIBITS Exhibit R4 A A TRUE COPY OF THE REPLY IN RTI APPLICATION OF THE 4TH RESPONDENT DATED 17/2/2022 Exhibit R4 B A COPY OF THE PHOTOGRAPHS DATED 27/7/2022, 12/8/2022, 15/8/2022 AND 20/8/2022 Exhibit R4C A TRUE COPY OF THE ORDER BY THE PAAYAM PANCHAYATH SECRETARY DATED 16/8/2022 True copy PS to Judge