Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 22ND DAY OF AUGUST 2022 / 31ST SRAVANA, 1944 WP(C) NO. 21886 OF 2022 PETITIONER:
SHIBIN CONSTRUCTIONS COMPONENTS KOLLAKADAVU INDUSTRIAL ESTATE, KOCHALUMOODU, KALLIMEL P.O., MAVELIKKARA, ALAPPUZHA - 690 509, REP. BY ITS MANAGING PARTNER SHIBIN WILLIAM VARGHESE, S/O.LATE N.V.VARGHESE, AGED 39 YEARS, SHIBIN VILLA, VETTICODE P.O., KATTANAM, MAVELIKKARA, ALAPPUZHA - 690 503.
BY ADVS.
B.MOHANLAL ABIJITH M.
RESPONDENTS:
1 THE STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.
2 THE DISTRICT POLICE CHIEF ALAPPUZHA - 688 001.
3 THE STATION HOUSE OFFICER MAVELIKKARA POLICE STATION, MAVELIKKARA P.O., ALAPPUZHA - 690 101.
4 THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, PALACE ROAD, VELLAKINAR, ALAPPUZHA - 688 012.
5 SRI.JIPIN SAJI VALIYAPARAMBIL VADAKKETHIL, KALLIMEL P.O., KOCHALUMMOOD, MAVELIKKARA, ALAPPUZHA - 690 509.
BY ADVS.
P.THOMAS GEEVERGHESE E.S.FIROS T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21886 OF 2022 2 JUDGMENT Dated this the 22nd day of August, 2022 This writ petition is filed seeking the following reliefs:- i. To issue a writ of mandamus or other appropriate writ order of direction commanding the Respondents 1 to 3 to afford adequate and effective Police Protection to the life and property of Petitioner and his workers for smooth conduct of the Establishment M/s.Shibin Constructions Components in development area, Kollakadavu and to cause any nuisance and threat from obstructing the free ingress and egress and free ply of the vehicles of the Petitioner and customers from the 5th respondent and his henchmen or anybody.
ii. To declare that the Petitioner and his workers are entitled to get adequate and effective Police Protection for life and property and for smooth conduct of the Establishment M/s.Shibin Constructions Components in development area, Kollakadavu and to cause any nuisance and threat from obstructing the free ingress and egress and free ply of the vehicles of the Petitioner and the customers from the 5th Respondent and his henchmen or anybody.
2. Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the 5th respondent.
WP(C) NO. 21886 OF 2022 3 3.
It is submitted by the learned counsel for the petitioner that the petitioner is conducting a metal crusher unit within the Industrial Estate, Kochalumoodu, Mavelikkara on the strength of all necessary permissions. It is submitted that the 5th respondent is obstructing the functioning of the unit demanding nooku kooli from the petitioner and threatening the life of the petitioner and his workers.
4.
A counter has been placed on record by the 5th respondent stating that there has never been any claim for nokku kooli by the 5th respondent and that the respondent along with other residents of the area had only conducted a dharna to object against the pathetic condition of the road leading to the Industrial Unit. It is further submitted that petitioner is taking overloaded vehicles to and from the unit through the already damaged road which was creating nuisance and difficulties to the residents of the locality. It is submitted that it was only against his action that a protest was conducted by the residents of the locality and that the complaint submitted by the petitioner and that the statements made in the writ petition are absolutely incorrect.
WP(C) NO. 21886 OF 2022 4 5.
The learned Government Pleader submits that the 5th respondent is a person, who was earlier involved in a crime and that when the police had sought to question the 5th respondent in connection with the complaint submitted by the petitioner, the 5th respondent had absconded from the area and is no longer traceable. It is also submitted that on investigation, it is revealed there is no demand for any nokku kooli by any of the parties and that the issue is only with regard to protest conducted with regard to the nature of the road. It is further submitted that appropriate patrolling is also conducted by the police to see that law and order is maintained in the locality.
6.
Having considered the contentions advanced, I am of the opinion that, in case there is any complaint with regard to the unauthorized plying of vehicles with overload, it is for the 5th respondent and other residents of the locality to submit complaints before the appropriate authorities including the Panchayat. In case there is any complaint with regard to the nature of the road as well, it is for the residents to raise appropriate complaints before the PWD or the authorities, who are responsible for a proper
WP(C) NO. 21886 OF 2022 5 upkeep of the road. The 5th respondent cannot illegally obstruct the activities of the petitioner, in case there is no illegality committed by the petitioner. Even in case, there is any overloading as per complaint of the 5th respondent, it is for the 5th respondent to place such complaints before the appropriate authority which will be looked into in accordance with law.
In the above view of the matter, in case of any further obstruction to legally permissible activities of the petitioner from the 5th respondent, the petitioner may inform the 3rd respondent, who shall afford adequate protection to the lives of the petitioner and his employees. However, it is made clear that this will not stand in the way of the 5th respondent or the residents of the locality from making any valid complaints with regard to any violation of the permit conditions by the petitioner, including by plying overloaded vehicles on the road in question.
This writ petition is ordered accordingly.
Sd/- ANU SIVARAMAN JUDGE ska
WP(C) NO. 21886 OF 2022 6 APPENDIX OF WP(C) 21886/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER NO.D1/5234/04 DATED 29/10/2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
Exhibit P2 THE TRUE COPY OF THE CUMULATIVE LICENSE NO.A4- 2350/2020 DATED 05/05/2020 OBTAINED BY THE PETITIONER FROM THE SECRETARY, THAZHAKKARA GRAMA PANCHAYATH.
Exhibit P3 THE TRUE COPY OF THE D.L. REGISTRATION NO.14/2021-22/MM/GBS/DOA/528/2021 DATED 25/06/2021 ISSUED BY THE DISTRICT GEOLOGIST, ALAPPUZHA TO THE PETITIONER.
Exhibit P4 THE TRUE COPY OF THE CONSENT IN FILE NO.PCB/ALP/ICO-197/18/R4 DT. 25/9/21 ISSUED BY THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, ALAPPUZHA.
Exhibit P5 THE TRUE COPY OF THE CONSENT IN FILE NO.PC/ALP/ICO/2579/1653/740/21 DT. 31/10/21 ISSUED BY THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, ALAPPUZHA.
Exhibit P6 THE TRUE COPY OF THE LICENCE NO.DO4/CHR/01/641/2018 ISSUED BY THE INSPECTOR OF FACTORIES AND BOLLERS, CHENGANNUR DIVISION IN KOLLAM REGION TO THE PETITIONER.
Exhibit P7 THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE NO.32ADVFS5185LIZ9 DATED 24/06/2020 ISSUED TO THE PETITIONER.
Exhibit P8 THE TRUE COPY OF RECEIPT NO.1236/P1/22/KI DATED 17/06/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit P9 THE TRUE COPY OF THE COMPLAINT DATED 14/06/2022 FILED BY THE PETITIONER AGAINST THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT AND ITS RECEIPT NO.1237/P1/22/KI DATED 17/06/2022.