IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 28817 of 2008(E) -------------------------- PETITIONERS: --------------- M/S SOUTHERN ZINC & ALLIED CHEMICALS, 195/D, ANOOJA SHOPPING COMPLEX, THRIKKAKARA, COCHIN-682 021, REP. BY ITS MANAGING PARTNER, MANU ANAND, S/O.LATE T.G.AKHANDANANDAN NAIR. BY ADV. SRI.DINESH R.SHENOY SRI.V.V.UNNIKRISHNAN RESPONDENTS: ---------------- 1. THE SUB INSPECTOR OF POLICE, OFFICE OF SUB INSPECTOR OF POLICE, ANGAMALY. 2. THE CIRCLE INSPECTOR OF POLICE, O/O CIRCLE INSPECTOR OF POLICE, ANGAMALAY. 3. PRADEEP.K.S., KOYITHARA HOUSE, NEAR CHANDRAMANI FARM, KIDANGOOR, ANGAMALY. 4. LEELA, W/O.SIVAN, ALNGAPARAMBIL HOUSE,OPP, CHANDRAMANI FARM, KIDANGOOR, ANGAMALY. 5. SIVAN, ALANGAPARAMBIL HOUSE, OPP. CHANDRAMANI FARM, KIDANGOOR, ANGAMALY. 6. BAIJU MOONJELI, MOONJELI HOUSE, NEAR SUBRAMANIAN TEMPLE, KIDANGOOR. 7. SHELTON.P.K., PADAYATHIL HOUSE, NEAR CHANDRAMANI FARM, KIDANGOOR, ANGAMALY. 8. K.V.RAVI, S/O.UNRAMAN, KANNUPARAMBATH VEEDU, KIDANGOOR. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 & R2 ADV. SRI.V.V.NANDAGOPAL NAMBIAR & SMT.PREEJA. P.VIJAYAN FOR R3-R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 28817 of 2008(E) PETITIONER'S EXTS: EXT.P1: TRUE PHOTOCOPY OF CERTIFICATE OF REGISTRATION ISSUED TO THE PETITIONER UNDER THE K-VAT RULES 2005. EXT.P2: TRUE PHOTCOPY OF SALE DEED NO.2338/1993, ANGAMALY SRO. EXT.P3: SURVEY SKETCH OF THE PROPERTIES OF THE PETITIONER'S FAMILY AND ALSO SHOWING THE LOCATION OF THE GODOWN BUILDING AND PROPERTY STANDING in the NAME OF MANU ANAND. EXT.P4: TRUE PHOTOCOPY OF APPLICATION DATED 18/9/2008 SUBMITTED BEFORE THE ASSISTANT COMMISSIONER, K-VAT, SPECIAL CIRCLE 3. EXT.P5: TRUE TYPED COPY OF REPRESENTATION DATED 22.9.08 SUBMITTED BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXT: EXT.R3(a): TRUE COPY OF THE MASS PETITION. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.28817 OF 2008 E ----------------------------------------------------- DATED THIS THE 3rd DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is a partnership firm. It has title and possession over 13.97 ares of land on the strength of Exhibit P2 assignment deed. The petitioner started running a godown there on 22.9.2008 for storing chemicals, solvents, industrial raw materials, dyes, rubber processing chemicals, lubricants, carbon black, packing materials, etc. While so, respondents 4 and 5 and others caused obstruction to the transporting of the aforementioned goods to the above godown. Therefore, the petitioner preferred Exhibit P5 representation before the Circle Inspector of Police, seeking necessary protection for the safe movement of the materials. The police extended help to the petitioner to remove the obstruction once. But, thereafter, they are not taking any steps to help the petitioner. Hence this Writ Petition, seeking the following relief: “Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 and 2 to take immediate effective action on Exhibit P5 complaint and to provide the petitioner effective, adequate police protection W.P.(C)No.28817/08 -2- to function/operate his Godown in Exhibit P2 property, without any illegal obstruction from respondents 2 onwards or their henchmen, in any manner, whatsoever.” 2. The respondents 3 to 8 have filed a counter affidavit in which they have stated as follows: “3. It is submitted that respondents 3 to 8 have not caused any hindrance to the petitioner. There is severe pollution in the area due to the large scale storage of chemicals in the godown. The area is thickly populated. Around the petitioner's property, within 3 mts., there are residential buildings. There is a Laksham Veedu colony nearby wherein the 8th respondent is residing. Now, there are serious health problems to the residents of locality due to the air and water pollution caused on account of the illegal storage of chemicals by the petitioner. Frequently there is a pungent smell in the atmosphere and some time the colour of drinking water in wells are seen polluted with a black unknown powder. Now large number of residents in the locality have developed itching and various respiratory difficulties due to the pollution caused by the unknown chemicals stored in the petitioner's godown. Lot of children are having vomiting tendency especially on taking food. These difficulties were pointed out to the D.M.O., Ernakulam by a mass petition dated 24.9.2008. A W.P.(C)No.28817/08 -3- true copy of the mass petition signed by 88 persons is produced herewith and marked as Exhibit R3(a). Similar petitions were preferred to the District Collector, Ernakulam, C.I.of Police, Angamaly and Pollution Control Board. Respondents are awaiting action from the authorities to abate the difficulties caused by pollution.” They also submit that the petitioner does not have any licence from the local Grama Panchayat for running the godown which is used for storing dangerous and offensive chemicals. They submit that the godown is being run illegally and so this Court may not direct the police to render protection to the petitioner. 3. The learned counsel for the petitioner in answer submitted that the godown when it has used for the farm, run there, was having the licence from the Panchayat. He also submitted that he is ready to comply with any direction issued by the statutory authorities. But, the police may be directed to remove the obstruction caused by the party respondents. 4. If the pleadings of respondents 3 to 8 in paragraph 3 of their counter affidavit quoted above are correct, the petitioner is not entitled to get any protection. Further, for storing chemicals in the godown, the petitioner requires licence from the Grama Panchayat also. The petitioner W.P.(C)No.28817/08 -4- does not have any licence from the Grama Panchayat for storage of chemicals in the godown. 5. The petitioner's godown established without the necessary licence from the Grama Panchayat is not entitled to get police protection. Further, whether the petitioner's godown causes pollution in the locality is a disputed question, which cannot be decided in this Writ Petition. Only the competent civil court can do that. In view of the above position, the prayer for mandamus to the police to help the petitioner to run the godown cannot be granted. Accordingly, the Writ Petition is dismissed. But, this judgment will not affect the contentions of the petitioner and his right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn