IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 WP(C).No. 17851 of 2011(F) -------------------------------------- PETITIONER: ------------------- FOODCO DELICACIES INDIA PVT.LTD., REPRESENTED BY ITS MANAGING DIRECTOR MR. ASHICK EBRAHIM, REGD. OFFICE AT XL/64 SILVERSTAR SEAFOOD BUILDING, CHANDIROOR, ALAPPUZHA- 688 547. BY ADVS. SRI.P.B.SAHASRANAMAN, SRI.T.S.HARIKUMAR, SRI.K.JAGADEESH. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, POLICE STATION, POOCHAKKAL 688 587. 2. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA- 688 524. 3. V.S.VELAYUDHAN, S/O.SANKUNNI VAZHAKATT HOUSE, THRICHATTUKULAM P.O, CHERTHALA- 688 581. 4. V.S.REGHUHARAN, S/O. SANKUNNI, VAZHAKATT HOUSE, THRICHATTUKULAM P.O, CHERTHALA- 688 581. 5. UDHYAN,S/O. VELU, THOTTANGAL HOUSE, TRICHATTUKULAM P.O, CHERTHALA - 688 581. 6. SANTHOSH, S/O.KUMARAN,CHALLACKAL HOUSE, TRICHATTUKULAM P.O, CHERTHALA- 688 581. R1 & R2 BY GOVT. PLEADER SMT. C.M. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17851/2011-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CONSENT TO ESTABLISH THE E.T.P ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, DTD. 01/10/2010. EXT.P.2: COPY OF THE ORDER OF THE EXECUTIVE ENGINEER, P.W.D. ROADS DIVISION, ALAPUZHA, NO. AB1 265/11 ON 11/05/2011. EXT.P.3: COPY OF THE MINUTES OF THE MEETING OF THE PANAVALLY GRAMA PANCHAYAT, NO.VI/(4), DTD. 17/05/2011. EXT.P.4: COPY OF THE CONSENT OBTAINED FROM THE OFICE OF THE DISTRICT OFFICER, GROUND WATER DEPARTMENT, ALAPUZHA, DTD. 20/09/2010. EXT.P.5: COPY OF THE OF THE COMPLAINT LODGED BY THIS PETITIONER BEFORE THE R.1, DTD. 03/06/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS.C.KURIAKOSE & P.BHAVADASAN, JJ. -------------------------------------------------------- WP(C) No.17851 of 2011-F -------------------------------------------------------- Dated this, the 6th day of July 2011 Judgment Pius.C.Kuriakose, J. This writ petition has been filed by the petitioner company engaged in the business of exporting packed food, namely peeled tapioca, scrapped coconut, prepared foods and sea foods, seeking the following relief : “To issue a writ, direction or order in the nature of mandamus commanding respondents 1 and 2 to afford effective and sufficient police protection for the purpose of digging of the PWD Road for the purpose of laying of pipelines as per Exhibits P1 to P4 orders.” The case of the petitioner is that unless the pipelines as permitted by the PWD in Ext.P2 order and by the local panchayat in Ext.P3 order are laid, the functioning of their factory cannot be commenced. This court, on considering the writ petition for admission, issued notice by special messenger to the party respondents. The learned WPC 17851/11 2 Government Pleader submitted that the Government is not having any objection to the laying of the proposed pipelines as the PWD and the panchayat have issued the requisite permits for the same. 2. The party respondents have not entered appearance before this court. Under the above circumstances, we allow the writ petition with a direction that if the petitioner is obstructed by respondents 3 to 6 in the matter of laying of the proposed pipelines on the strength of Exts.P2 and P3, the first respondent shall afford effective and sufficient police protection to the petitioner company in the matter of digging of the roads and laying of the pipelines. PIUS.C.KURIAKOSE, JUDGE P.BHAVADASAN, JUDGE sta WPC 17851/11 3 WPC 17851/11 4