IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 31319 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------ M/S.SRI LAKSHMI ELECTROSMELTERS(P)LTD, 182,INDUSTRIAL DEVELOPMENT AREA,ERUMATHALA P.O, ALUVA,REPRESENTED BY ITS GENERAL MANAGER, SRI.P.S.UNNIKRISHNAN. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ---------------------------- 1. S.I. OF POLICE, ALUVA POLICE STATION.PIN-683 101. 2. THE SUPERINTENDENT OF POLICE, (RURAL) ALUVA.PIN-683 101. 3. MR.BASHEER,CHAIRMAN,'POURASAMITHI', INDUSTRIAL DEVELOPMENT AREA,SOUTH VAZHAKULAM, ERUMATHALA P.O, ALUVA.PIN-683 105. R1 & R2 BY GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA R3 BY ADV. SRI.ANIL K.MOHAMMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31319/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 TRUE COPY OF THE PATTA DATED 30/6/1997 ISSUED TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE BUILDING TAX RECEIPT DATED 3/11/2011 ISSUED BY THE EDATHALA GRAMA PANCHAYATH. EXHIBIT P3 TRUE COPY OF THE RECEIPT ACKNOWLEDGING RECEIPT OF THE RETURN IN THE VAT DEALERS (FORM-10) FURNISHED FOR THE PERIOD OF OCTOBER 2011 EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 26/9/2011 IN WPC 25454/2011 EXHIBIT P5 TRUE COPY OF THE PETITION DATED 4/11/2011 IS FILED BY THE PETITIONER BEFORE THE IST RESPONDENT EXHIBIT P6 TRUE COPY OF THE PETITION DATED 14/11/2011 IS FILED BY THE PETITIONER BEFORE THE IST RESPONDENT EXHIBIT P7 TRUE COPIES OF THE PHOTOGRAPHS . RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 31319 OF 2011 ------------------------ Dated this the 13th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner company has filed this writ petition seeking police protection mainly for transportation of raw materials ( Silico Maganese ore) required for its factory to the petitioner's godown. The 3rd respondent, who is described as the Chairman of the Pourasamithi operating in the industrial development area at Erumathala where the petitioner's unit also functions and persons under him are objecting the transportation of the above raw materials on the reason that Silico maganese ore to be brought by the petitioner will be collected in the open yard giving rise to pollution and pollution related problems. 2. The 3rd respondent has filed a detailed counter affidavit in which the apprehension voiced by the 3rd respondent is that the petitioner will under the cover of the police protection direction to be issued by this court collect raw materials in the open yard . The petitioner has filed a reply affidavit in which he W.P.(C) No. 31319/2011 2 has stated that the materials will be collected only inside the godown which is covered with proper roofings. 3. After hearing hearing both sides for some time on 7/12/2011, we directed the learned counsel for the petitioner to make available photographs of the godown where the raw materials are proposed to be collected. Accordingly, Ext.P7 series of photographs have been produced. 4. Sri.Firoz K.Robin learned counsel for the petitioner submitted that the petitioner needs protection for the purpose of transporting materials for storage in the godown which is seen in Ext.P7 series of photographs. We feel that in view of the above averments, relief to a certain extent can be given to the petitioner. We allow this writ petition to the following extent; i). The first respondent will afford requisite protection to the petitioner company for transportation of the raw materials, (silico maganese ore) from whichever source he collects the same, to the petitioner's godown photographs of which are produced as Ext.P7 . ii). The first respondent should ensure that the raw materials are stored in the above godown only and not in the W.P.(C) No. 31319/2011 3 open yard. iii). If there is any obstruction by the 3rd respondent or persons acting under him to such transportation and collection, such obstructions shall be removed by the first respondent. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No. 31319/2011 4