IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 WP(C).No. 32224 of 2011(C) -------------------------- PETITIONER(S): --------------- M/S NIKUNJAM CONSTRUCTIONS PRIVATE LTD., THIRUVANANTHAPURAM-4, REPRESENTED BY ITS MANAGER (HUMAN RESOURCES & ADMINISTRATION) IDRAPRASAHAM, TC4/2554(3) PATTAM-KAWDIAR ROAD, THIRUVANANTHAPURA- 695 004. BY ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJKUMAR SMT.HENA BAHULEYAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE SUPERINTENDENT OF POLICE, (RURAL), THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, KAZHAKOOTAM, THIRUVANANTHAPURAM- 695 582. 4. THE SUB INSPECTOR OF POLICE, KAZHAKOOTAM POLICE STATION, KAZHAKOOTAM, THIRUVANANTHAPURAM- 695 582. 5. MR.MADHU, ARUNODHYAM, NEAR ST. ANTONY'S L.P SCHOOL, VADAKKUMBHAGOM, KAZHAKKOOTTAM, THIRUVANANTHAPURAM- 695 582. 6. MR.SAJI, KARIYIL, KAZHAKKOOTTAM, THIRUVANANTHAPURAM- 695 582. 7. MR.MANIYAN, KARIYIL, KAZHAKKOOTTAM, THIRUVANANTHAPURAM- 695 582 STATE ATTORNEY SRI. P. VAJAYARAGHAVAN BY SR.SRI.G.P. SRI. SHYSON P. MANGHUZHA FOR R1 TO R4 BY ADV. SRI. B. RAGHUNATHAN FOR R5 & R6 THIS WRIT PETITION (CIVIL) HAVE COME UP FOR ADMISSIN ON 08/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P1 THE PHOTOSTAT COPY OF THE NOC NO. AA1/2012/805/2008 -ARI (NOC) DTD 04-11-2008 ISSUED BY THE GENERAL MANAGER. EXT.P2 THE PHOTOSTAT COPY OF THE NOC NO. G1-13035/2007 DTD. 01-03- 2008 ISSUED BY THE DIRECTOR (TEHNICAL) FOR COMMANDANT GENERAL, FIRE AND RESCUE SERVICES. EXT.P3 THE PHOTOSTAT COPY OF THE CERTIFICATE FILE NO. PCB/HO/TVM/ICE/4807/2008 DTD. 09-09-2008 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. EXT.P4 THE PHOTOSTAT COPY OF THE BUILDING PERMIT NO. 52/0809 DTD. 03-05-2008 ISSUED BY THE SECRETARY, KAZHAKUTTOM GRAMA PANCHAYAT. EXT.P5 THE PHOTOSTAT COPY OF THE APPLICATION FOR RENEWAL SUBMITTED BY THE PETITIONER DTD. 20-04-2011 TO THE SECRETARY, KAZHAKUTTOM GRAMA PANCHAYAT, TVM. EXT.P6 THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE PRESENT STAGE OF THE CONSTRUCTION OF THE BUILDING. EXT.P7 THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE COVERING OF THE SIDES OF THE SITE BY INSTALING GREEN PLASTIC NETS ON POLES ON THE COMPOUND WALLS. EXT.P8 THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE COVERING OF THE SIDES OF THE SITE BY INSTALLING GREEN PLASTIC NETS ON POLES ON THE COMPOUND WALLS. EXT.P9 THE TRUE COPY OF THE PHOTOGRAPH SHOWING THE COVERING OF THE SIDES OF THE SITE BY INSTALLING GREEN PLASTIC NETS ON POLES ON THE COMPOUND WALLS. EXT.P10 THE PHOTOCOPY OF HTE INTERIM ORDER DTD. 07-04-2009 IN WPC NO. 11464/2009 (C) PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P11 THE PHOTOSTAT COPY OF THE COMPLAINT DTD. 28-11-2011 SUBMITTED BY THE PETITIONER COMPANY TO THE SUB INSPECTOR OF POLICE, KAZHAKUTOM POLICE STATION. EXT.P11(A) THE PHOTOSTAT COPY OF THE RECEIPT NO. 743/DP/2011/KZM DTD.28-11-2011 ISSUED BY THE KAZHAKUTTOM POLICE STATION TO THE PETITIONER COMPANY. EXT.P12 THE PHOTOSTAT COPY OF THE INVOICE NO. 32070244645 C DTD. 26-11-2011 ISSUED BY THE BRANCH MANAGER, TULSYAN SMELTERS (P)LTD. RESPONDENTS' EXHIBITS: NIL TRUE COPY CL P.S. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.32224 OF 2011 ................................................................... Dated this the 8th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. Counsel for the party respondents seeks time to file a counter affidavit. Sri. Nandakumara Menon - learned senior counsel for the petitioner requests that the interim order issued by us on 3.12.2011 be continued. On behalf of the State Attorney Sri. Shyson P. Manguzha - Senior Government Pleader has placed before us the statement of instructions imparted to him by the 4th respondent. It is stated therein as follows: “As per the petition of the said company both the petitioners and counter petitioners were summoned to the station and the company has agreed to construct sheet walls surrounding the work site near to the neighbouring houses, to repair the damaged houses near to the work site to provide necessary requirements and basic facilities to the other state labourers and not to produce any pollution by the construction work. These things were written and signed in the Petition Register of the station by the company. The instruction goes on further to say that at present there is no obstruction to the construction work and no law and order problem affecting the construction work, and it is assured the Honourable High Court that W.P.(C).NO.32224 OF 2011 : 2 : the Kazhakuttom Police will provide adequate protection to the construction work if any kind of the said problems arises”. In the above circumstances, we confirm the interim order which we have issued on 3.12.2011 and dispose of the writ petition without issuing further orders. If any fresh cause of action arises, it will be open to the petitioner to approach this Court again. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl