IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 27433 of 2008(N) --------------------------------------- PETITIONER: ------------------- M/S.VALLUVANAD WOOD CONSORTIUM (P) LTD., P.O.CHERAKKAPARAMBU, PERINTALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE, ADV. SRI.KAUSER EDAPPAGATH. RESPONDENTS: ----------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, MALAPPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, PERINTALMANNA. 3. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, MALAPPURAM. 4. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE & CONVENER, SINGLE WINDOW CLEARANCE BOARD, MALAPPURAM DISTRICT. 5. THE SECRETARY, PUZHAKKATTERY GRAMA PANCHAYAT, PUZHAKKATTERY- 679 321, MALAPPURAM. 6. PALLIYALTHODY RAJESH, KOTTUVADU, PUZHAKKATTERY VILLAGE, PERINTALMANNA. 7. KARUVANTHODY RAMACHANDRAN, -DO-, -DO-. 8. THOTTIYIL MUHAMMAD @ KUTTY, -DO-, -DO-. 9. GOVINDAKRISHNAN,-DO-, -DO-. BY SR. GOVT. PLEADER SRI. BENJAMIN PAUL, ADV. SRI.P.K.VIJAYAMOHANAN, ADV. SRI.P.CHANDRASEKHAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27433/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF APPROVAL OF GOVT. OF KERALA DTD. 31/05/2008. EXT.P.2: COPY OF THE RECOMMENDATION BY THE GOVT. OF KERALA FOR CENTRAL GOVT. AID DTD. 27/03/0. EXT.P.3: COPY OF THE APPROVAL OF PETITIONER'S COMPANY PROJECT BY MICRO, SMALL AND MEDIUM ENTERPRISES GOVT. OF INDIA DTD. 02/01/2008. EXT.P.4: COPY OF THE PERMIT NO. 22/2008 DT. 20/08/08. EXT.P.5: COPY OF THE CONSENT ISSUED BY KERALA STATE POLLUTION CONTROL BOARD DT. 30/03/2008. EXT.P.6: COPY OF THE RECOMMENDATION OF DMO MANJERY. EXT.P.7: COPY OF THE NOC. EXT.P.8: COPY OF THE PROCEEDINGS OF MALAPPURAM DIST. SINGLE WINDOW CLEARANCE BOARD DT. 04/02/2008. EXT.P.9: COPY OF THE ORDER OF APPROVAL OF CHIEF TOWN PLANNER DT. 10/04/2008. EXT.P.10: COPY OF THE PERMISSION BY PUZHAKKATERY GRAMA PANCHAYAT DT. 15/04/2008. EXT.P.11: COPY OF THE BUILDING PERMIT FROM PUZHAKKATTERY PANCHAYAT. EXT.P.12: COPIES OF THE CONSENT OF THE NEIGHBOURING OWNERS. EXT.P.13: COPY OF THE PAMPHLETS ISSUED BY THE RESPONDENT 6 TO 9. EXT.P.14: COPY OF THE F.I.R. IN CRIME NO. 376/2008. EXT.P.15: COPY OF THE REQUEST MADE BY PETITIONER TO RESPONDENTS 1 TO 3 AND DISTRICT MAGISTRATE DTD. 06/09/2008. EXT.P.16: COPY OF THE JUDGMENT IN W.P.(C). NO. 20005/08 DTD. 11/07/08 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: EXT.R5.A: COPY OF THE RESOLUTION OF THE PANCHAYAT DTD. 04/09/2008. EXT.R6.A: COPY OF THE DECISION DTD. 13/06/2008 OF PUZHAKKATTIRI GRAMA PANCHAYAT. W.P.(C). NO.27433/2008-N: EXT.R6.B: COPY OF THE PETITION DTD. 13/09/2008 OF AYYAPRAMBIL ARAMUGHAN TO THE R.5. EXT.R6.C: COPY OF THE PETITION SUBMITTED BY U. MUHAMMEDALI TO THE R.5. EXT.R6.D: COPY OF THE PETITION SUBMITTED BY A. MOHANAN TO THE R.5. //TRUE COPY// P.A. TO JUDGE. prv. K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.27433 OF 2008 ----------------------------------------------------- DATED THIS THE 22nd DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court seeking police protection for construction of a factory. It proposes to set up the factory in Puzhakkattery Grama Panchayat, Perinthalmanna Taluk, Malappuram District. The petitioner has got all the statutory clearances including D& O licence from the Panchayat. So, it is entitled to establish that factory. While so, without any reason or justification, respondents 6 to 9 started causing obstruction to the construction. The petitioner moved the police. They did not take any effective action to grant protection to the petitioner. So, this Writ Petition was filed, seeking appropriate reliefs. 2. The 5th respondent has filed a counter affidavit. It has produced Exhibit R5(a) decision dated 4-9-2008 as per which the Panchayat has cancelled the building permit granted on 19-4-2008 to the petitioner. In view of the above position, the petitioner cannot proceed with the construction, it is submitted. 3. But, learned counsel for the petitioner submits that Exhibit W.P.(C)No. 27433/08 -2- R5(a) order is a nullity. It has been passed during the pendency of this writ petition. Therefore, this Court should ignore it, it is submitted. 4. In this jurisdiction, we are concerned only with the failure of duty of the police. When Exhibit R5(a) is remaining in force, the police cannot stand guard for the petitioner to proceed with the construction ignoring the order of the Panchayat cancelling the building permit. Therefore, we cannot accept the contention of the petitioner. So, the petitioner may work out its remedy available under law against Exhibit R5 (a) and thereafter, if so advised, the petitioner can approach this Court again for police protection, if the obstruction continues even thereafter. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn