IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31427 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------ P.P.BAIJU, MANAGING DIRECTOR, M/S.BONE MEALS INDIANA (P) LTD., PAZHAMBALACODE, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.BABY MATHEW RESPONDENT(S): --------------------------- 1. SUJITH, S/O.RAJAN, AGED 27 YEARS, PEECHANCODE HOUSE, THOTTAMPALLA, PAZHAMBALACODE P.O., ALATHUR TALUK, PALAKKAD DISTRICT-PIN- 678 541. 2. JAMEESH, S/O.NOORJAHAN, AGED 23 YEARS, PARAYENGAD HOUSE, THOTTAMPALLA, PAZHAMBALACODE P.O., ALATHUR TALUK, PALAKKAD-678 541. 3. RAMDAS, S/O.UNNIKUTTAN, AGED 24 YEARS, URAVUMCHOLLA, PAZHAMBALACODE P.O., ALATHUR TALUK, PALAKKAD DISTRICT-678 541. 4. PRASAD, S/O.VIJAYAN, AGED 25 YEARS, KANNIRAMKAD HOUSE, THOTTAMPALLA, PAZHAMBALACODE P.O., ALATHUR TALUK, PALAKKAD DISTRICT, PIN-678 541. 5. SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, PALAKKAD DISTRICT, PIN-678 541. 6. DEPUTY SUPERINTENDENT OF POLICE, ALATHUR, PALAKKAD DISTRICT,PIN-678 541. R1 TO R4 BY ADV. SRI.PHILIP T.VARGHESE SRI.S.SARATH R5 & R6 BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31427/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LICENSE ISSUED BY THE THARUR GRAMA PANCHAYATH DATED 23/02/2011. P2 COPY OF THE LICENSE DATED 14/07/11 ISSUED BY DEPARTMENT OF FACTORIES AND BOILER. P3 COPY OF THE CONSENT DATED 19/08/2009 ISSUED BY THE POLLUTION CONTROL BOARD. P4 COPY OF THE COMPLAINT DATED 19/11/11. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No.31427 OF 2011 ------------------------ Dated this the 30th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner in this writ petition under Article 226 seeks police protection for conducting his bio fertilizer unit under the name and style of ' M/s. Bone Meals Indiana(P) Ltd.' He alleges that respondents 1 to 4 and persons acting under them are unnecessarily intervening in the functioning of his unit without any justifiable reason. The petitioner points out that in terms of Ext.P1, P2 and P3, he has got all statutory permits, license and consents. According to him, even though the police were approached, they are not taking any action. 2. Sri.M.K.Aboobacker learned senior Government Pleader , who took notice on behalf of respondents 5 and 6, submitted that if law and order situation arises, the police will certainly interfere and ensure that such situations are averted WPC.No.31427/2011 2 and contained. The Government Pleader submitted further that as the unit is a bio fertilizer unit, pollution problems are likely to arise and therefore the Pollution Control Board should be directed to take periodical inspection for ensuring that the conditions of the consent are not being violated. 3. Having considered the averments in the writ petition and the submissions addressed at the Bar by Sri.Baby Mathew learned counsel for the petitioner and Sri.M.K.Aboobacker learned senior Government Pleader, we are of the view that relief can be given to the petitioner as the party respondents have not chosen to file any counter affidavit. Hence, we allow this writ petition issuing the following directions; i). The Senior Environmental Engineer of the Pollution control Board, Palakkad will conduct periodical inspection of the petitioner's bio fertilizer unit by name M/s. Bone Meals Indiana (P) Ltd. and ensure that the petitioner is not violating any of the conditions in Ext.P3 consent issued to him by the Pollution Control Board. ii). Subject to the above, there will be a direction to respondents 5 and 6 to grant adequate protection to the WPC.No.31427/2011 3 petitioner for conducting his unit - Bone Meals Indiana (P) Ltd. freed of any obstructions from respondents 1 to 4 and persons acting under them. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk