IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 28519 of 2010(L) ---------------------------------------- PETITIONER(S): ------------------------- NITTA GELATIN INDIA LIMITED, 27/472, SBT AVENUE, PANAMPILLY NAGAR, COCHIN - 36, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. SRI.K.ANAND (A.201), SMT.LATHA KRISHNAN. RESPONDENT(S): --------------------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, THRISSUR. 3. SUPERINTENDENT OF POLICE, PALAKKAD. 4. SUPERINTENDENT OF POLICE, ERNAKULAM. 5. SUPERINTENDENT OF POLICE, IDUKKI. 6. MR.K.M.ANILKUMAR, KUNJUVALAPPIL HOUSE, KATHIKUDAM P.O., THRISSUR - 680 308. 7. MR.K.M.SUNILKUMAR, KUNJUVALAPPIL HOUSE, KATHIKUDAM P.O., THRISSUR - 680 308. 8. MR.JAYAN JOSEPH PATTATH, PATTATH HOUSE, KADUKUTTY P.O., THRISSUR - 680 309. 9. MRS. SINDHU SANTHOSH, KUZHUPPILLY HOUSE, KATHIKUDAM P.O., THRISSUR - 680 308. Kss ..2/- ..2.... WPC.NO.28519/2010 L 10. MR. M.C.JOHNSON, S/O. MR. CHAKKAPPAN, MALIYAKKAL HOUSE, KATHIKUDAM P.O., THRISSUR - 680 308. 11. MR. T.O.THANKACHAN, THELEKKAT HOUSE, KADUKUTTY P.O., THRISSUR - 680 309. 12. MR.JOJI JOSEPH, THELEKKAT HOUSE, KADUKUTTY P.O., THRISSUR - 680 309. 13. MR. T.S.JINSON, THYPARAMBIL HOUSE, KATHIKUDAM P.O., THRISSUR - 680 308. 14. MR. FRANCO MATHEW, THELAKKAT HOUSE, KADUKUTTY P.O., THRISSUR - 680 309. 15. MR. JIJO MATHEW, THELEKKAT HOUSE, KADUKUTTY P.O., THRISSUR - 680 309. 16. MR. CHANDRASEKHARAN K.K. KANNANCHERY HOUSE, KATHIKUDAM P.O., THRISSUR - 680 308. 17. MR. M.C.GOPI, MUTHRATHIPARAMBIL HOUSE, KATHIKUDAM P.O., THRISSUR - 680 308. 18. V.R.BABU, VALLATH HOUSE, KAKKAD, CHERUVALOOR P.O. 19. SANTHOSH, KUZHUPPILLY HOUSE, KATHIKUDAM P.O., THRISSUR - 680 308. R1 TO R5 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R6 TO R20 BY ADVS. SRI.JOLLY JOHN, SMT.VINITHA PRASANNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28519/2010 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF JUDGMENT IN O.P.10294/02. P2: COPY OF REPRESENTATION DTD. 18/11/2008 SUBMITTED BY THE PETITIONER TO THE POLICE. P3: COPY OF REPRESENTATION 12/08/2010 SUBMITTED BY THE PETITIONER TO THE POLICE. P4: COPY OF INTERIM ORDER IN WP(C) 29365/09 DTD. 22/10/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.28519 of 2010 ------------------------------------------- Dated this the 23rd March, 2011 JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of directions to respondents 1 to 5 police officials to afford police protection to the petitioner against illegal obstruction caused by respondents 6 to 20 who object to removal of sledge from the factory of the petitioner at Koratty. 2. According to the petitioner, the factory is being run strictly in accordance with the permits, licence, consent etc. obtained from the prescribed authorities. The respondents are taking law into their hands and are illegally obstructing the removal of sledge. It is in these circumstances that the petitioner has come to this Court with this petition. 2. This petition was admitted on 15.9.2010. On 29/9/2010, the following interim order was passed. “We are satisfied on the basis of the materials on record that the petitioner is WPC No.28519/2010 2 entitled to the relief sought for. Accordingly, interim order as prayed for, is issued.” 3. The prayer was “to direct respondents 1 to 5 to give adequate and effective police protection to the vehicle carrying sledge from the factory of the petitioner without any obstruction caused by respondents 6 to 10, their men, allies or sympathizers”. 4. After 29.9.2010, there has been no posting of the case. The learned counsel for the petitioner submits that the respondents have been attempting to obstruct the movement of sledge, but after the interim order on account of the fear of police intervention, there has been no subsequent problems. 5. The learned Government Pleader submits that necessary police protection in pursuance of the order dated 29.9.2010 is being given. Respondents 6 to 20 have been served. The learned counsel for respondents 6 to 20 prays for time for filing counter affidavit. We are not persuaded to agree at this point of time that further time deserves to be granted for filing counter affidavit. The learned counsel for the petitioner only submits that the WPC No.28519/2010 3 interim order which has remained in force from 29.9.2010 may be made absolute. We are satisfied that the said request can be accepted subject of course to appropriate safeguards. 6. In the result, a) This petition is allowed. b) The interim order dated 29.9.2010 extracted above is made absolute. c) We make it clear that this judgment will not in any way fetter the rights of respondents 6 to 20 to take any other action in accordance with law to complain about the alleged environmental hazards caused on account of the removal of sledge. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/