Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944 WP(C) NO. 2606 OF 2022 PETITIONERS:
1 NIZA BEEVI, AGED 28 YEARS W/O.VAJAS ABDUL VAHID, RESIDING AT BAITHUL RIDA, CHITHOORKONAM, KUTHIRAKULAM P.O., VEMBAYAM, THIRUVANANTHAPURAM-695 615.
2 VAJAS ABDUO VAHID, AGED 36 YEARS S/O.ABDUL VAHID, RESIDING AT BAITHUL RIDA, CHITOORKONAM, KUTHIRAKULAM P.O., VEMBAYAM, THIRUVANANTHAPURAM-695 615.
3 MAI MASAFI MINERAL WATER PURIFICATION AND BOTTLING, TEMPORARY ADDRESS AT BAITHUL RIDA, CHITHOORKONAM, KUTHIRAKULAM P.O., VEMBAYAM, THIRUVANANTHAPURAM-695 615, REPRESENTED BY ITS PROPRIETOR VAJAS ABDUL VAHID.
BY ADVS.
J.G.SYAMNATH V.S.VISWAMBHARAN RESPONDENTS:
1 COMMISSIONER OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 014.
2 SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM-695 607.
3 MOHAMMED SHAFI, S/O.ABDUL RASAK, RESIDING AT KUNNIL VEEDU, NELLANADU, NELLANADU P.O., VENJARAMOODU-695 608.
BY ADV LATHEESH SEBASTIAN T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.2606 OF 2022 2 JUDGMENT Dated this the 26th day of May, 2022 This writ petition is filed seeking the following relief:
“i) Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 and 2 to afford adequate and effective police protection to the petitioners for conducting their construction activities and running the business without any interference from the 3rd respondent or anybody acting under him. ” 2.
Heard the learned counsel for the petitioners and the learned Government Pleader as well as the learned counsel appearing for the contesting respondent.
3.
An interim order of police protection had been granted on 25.01.2022 for the construction activities carried out by the petitioners. The interim order was later modified on 24.02.2022, clarifying that the order shall not be utilized for any further
WP(C) NO.2606 OF 2022 3 activities or to obtain licenses from the authorities.
Thereafter, after pleadings were on record, an undertaking made by the petitioners in the reply affidavit stating that they will not use the bore well and will only use water from the Kerala Water Authority, was recorded by this Court on 22.03.2022. It is submitted by the learned counsel appearing on either side that pursuant to the interim orders and the undertaking recorded by this Court, there is no law and order situation at present.
In the above view of the matter, the interim orders granted by this Court and the undertaking recorded are made absolute. The writ is, accordingly, closed.
Sd/- ANU SIVARAMAN JUDGE SSK/26/05
WP(C) NO.2606 OF 2022 4 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE VIDE NO.KLMSME 193/2022 DATED 09.01.2022 FROM THE DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA.
Exhibit P2 TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE NO.UDYAM KL 12 0010453 ISSUED BY THE MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES, GOVERNMENT OF INDIA.
Exhibit P3 THE CONSENT TO ESTABLISH NO.PCB/TVM- DO/ICE/NDD/MIN-07/2022 VALID UPTO 30.11.2026 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.
Exhibit P4 TRUE COPY OF THE GENERAL BUILDING APPLICATION NO.A3/3940/2021 DATED 29.04.2021 FROM THE SECRETARY, NELLANADU GRAMA PANCHAYATH.
Exhibit P5 TRUE COPY OF THE COMPLAINT DATED 15.01.2022 FILED BY THE SECOND PETITIONER BEFORE THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE RECEIPT DATED 15.01.2022 ISSUED FROM THE OFFICE OF THE SECOND RESPONDENT.
Exhibit P7 TRUE COPY OF THE ORIGINAL GST BILL DATED 15.04.2021 FOR BOREWELL CONSTRUCTION.
Exhibit P8 TRUE COPY OF THE NOTICE NO.A10.6932/21 DATED 23.10.2021 FROM NELLANADU GRAMAPANCHAYAT.
Exhibit P9 TRUE COPY OF THE NOTICE NO.A10.6932/21 DATED 02.11.2021.
Exhibit P10 TRUE COPY OF THE LETTER DATED 06.12.2021 TO THE ASSISTANT ENGINEER, WATER AUTHORITY, ATTINGAL.
Exhibit P11 TRUE COPY OF THE NOTICE DATED 06.01.2022 FROM NELLANADU GRAMA PANCHAYAT.
Exhibit P12 TRUE COPY OF THE REPLY DATED 17.01.2022 FROM PETITIONERS TO SECRETARY, NELLANADU GRAMA PANCHAYAT.
Exhibit P13 TRUE COPY OF THE ORDER NO.G.W/DOT/1286/2021 DATED 18.01.2022 FROM GROUND WATER DEPARTMENT.
WP(C) NO.2606 OF 2022 5 Exhibit P14 TRUE COPY OF THE AFFIDAVIT DTED 28.02.2022 TO NELLANADU GRAMA PANCHAYAT RESPONDENTS' EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF THE REPLY RECEIVED FROM THE SECRETARY OF NELLANAD GRAMA PANCHAYAT UNDER THE RIGHT OF INFORMATION ACT ON 02.02.2022.
EXHIBIT R3(B) TRUE COPY OF THE REPRESENTATION OF THE 3RD RESPONDENT ALONG WITH THE RESIDENTS OF LOCALITY.
EXHIBIT R3(C) TRUE COPY OF THE REPRESENTATION OF THE 3RD RESPONDENT DATED 08.02.2022 SUBMITTED TO THE SECRETARY OF NELLANAD GRAMA PANCHAYAT.
SSK //TRUE COPY// PA TO JUDGE