IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 14361 of 2011(U) -------------------------- PETITIONER(S): ---------------------- M/S.THREE STAR BIO FUELS, PERUMPUZHA.P.O, KERALAPURAM, KOLLAM, REPRESENTED BY ITS MANAGING PARTNER, K.M.SIDEEQUE, AGED 37 YEARS, S/O.MOIDEEN, KARAVATHUKUDY HOUSE, KANDANTHARA, ALLAPRA.P.O, PERUMBAVOOR-683553, ERNAKULAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): ---------------------- 1. THE SUB INSPECTOR OF POLICE, KUNDARA, KOLLAM DISTRICT- 691 001. 2. THE CIRCLE INSPECTOR OF POLICE, KUNDARA, KOLLAM DISTRICT- 691 501. 3. DISTRICT SUPERINTEDENT OF POLICE, (KOLLAM RURAL), KOTTARAKKARA, KOLLAM DISTRICT- 691 506. 4. KOTTENGARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOTTENGARA GRAMA PANCHAYATH OFFICE, T.K.M.C.P.O, KOLLAM- 691 005. 5. PRADEEPKUMAR,S/O.VISWANATHAN ACHARY, NNJETTAYIL VADAKKETHIL HOUSE, PERUMPUZHA.P.O, KOLLAM DISTRICT- 691 504. 6. SUBHASH CHANDRAN, S/O.THANKAPPAN ACHARI, CHAMAVILA PADINJETTETHIL, PERUMPUZHA. P.O, NJETTAYIL, KERALAPURAM, KOLLAM DISTRICT- 691 504 7. AJAYAKUMAR, S/O.SANKARA PILLAI, THENGUVILAPUTHEN VEEDU, NJETTAYIL, PERUMPUZHA.P.O, KERALAPURAM, KOLLAM DISTRICT - 691 504. WP(C) No.14361 of 2011(U) -:2:- 8. INDIRA BAI, D/O.KALYANI, SELVALAYAM HOUSE, HOUSE NO.343, WARD NO.7, NJATTAYIL, PERUMPUZHA.P.O, KOTTAMKARA VILLAGE- 691 504. 9. MANJUSHA @ SHEEJA, D/O.MEENAKSHI, CHAMAVILA PADINJETTETHIL HOUSE NO.347, PAMPUZHA.P.O KOLLAM DISTRICT-691 504. 10. ANITHA,D/O.SARASWATHIAMMA, HOUSE NO.360/7, VISHNUBHAVANAM, NJATTAYIL PERUMPUZHA.P.O, KOLLAM DISTRICT- 691 504. 11. THILOCHAN, S/O.PANKAJAKSHAN NAIR, H.NO.583 WARD NO.6, VIPANCHIKA, NJATTAYIL, PERUMPUZHA.P.O, KOLLAM DISTRICT- 691 504. 12. T.N.RAMACHANDRA PILLAI, VINOD BHAVAN, H.NO.342/7, NJATTAYIL, PEURMPUZHA.P.O, KOLLAM DISTRICT- 691 504. R1 TO R3 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA, R4 BY ADV.SRI.AJAYA KUMAR. G , SC R5 TO R12 BY ADV. SRI.GEORGE SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: krj WP(C) No.14361 of 2011(U) A P P E N D I X PETITIONER'S EXHIBITS:- P1: COPY OF THE TITLE DEED OF PETITIONER'S PROPERTY DATED 28.6.2010. P1(A): COPY OF THE LAND TAX RECEIPT OF THE PROPERTY. P2: COPY OF THE PHTOGRAPH SHOWING THE FACTORY COMPOUND AND ITS SURROUNDINGS. P3: COPY OF THE ORDER DATED 29.3.2011 BY THE LOCAL PANCHAYAT. P4: COPY OF THE LICENCE FOR RUNNING THE INDUSTRIAL UNIT FOR RUNNING THE INDUSTRY. P5: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE POLLUTION CONTROL BOARD. P6: COPY OF THE CERTIFICATE ISSUED BY THE INSPECTORATE OF FACTORIES AND BOILERS. P7: COPY OF BUILDING PERMIT ISSUED BY THE PANCHAYAT. P8: COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL OFFICER P9: COPY OF THE PLAINT IN O.S NO.295/2011 BEFORE THE MUNSIFF'S COURT, KOLLAM. P10: COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER BEFORE THE COURT. P11: COPY OF THE COMPLAINT FILED BEFORE THE RESPONDENTS 1 TO 3 DATED 23.5.2011. P12: COPY OF THE RECEIPT ISSUED BY THE SECOND RESPONDENT P13(A): COPY OF THE POSTAL RECEIPT FOR SENDING EXHIBIT P11 TO THE 1ST RESPONDENT. P13(B): COPY OF THE POSTAL RECEIPTS FOR SENDING EXHIBIT P11 TO THE 3RD RESPONDENT. P14: COPY OF THE CERTIFICATE DATED 25.05.2011 ISSUED BY THE POLLUTION CONTROL BOARD. RESPONDENT'S EXHIBITS:- 'NIL' //TRUE COPY// P.A TO JUDGE R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.14361 of 2011-U ***************************** Dated this the 23rd day of June, 2011 JUDGMENT BASANT, J. Petitioner has come before this Court seeking issue of directions under Article 226 of the Constitution to respondents 1 to 3 to afford police protection to the petitioner to run his factory as duly licenced by the 4th respondent against illegal obstructions that are raised by respondents 5 to 12. 2. According to the petitioner, he is duly authorised to run his factory by all the authorities concerned. Ext.P3 order was issued by the Secretary of the 4th respondent panchayat. Subsequently Ext.P4 licence has been issued by the panchayat. That licence is valid now. Consent to establish - Ext.P5, was initially granted by the Pollution Control Board. Integrated consent to operate was later granted by the Pollution Control Board under Ext.P14. Ext.P6 licence under the Factories Act has also been issued by the Joint Director of Factories and Boilers. According to the petitioner, in these circumstances, he is entitled to run his factory. W.P(C) No.14361 of 2011-U 2 3. The petitioner laments that notwithstanding the fact that he has obtained all the requisite permits, permissions and licences, respondents 5 to 12 allegedly, with improper motives, are attempting to obstruct the running of the factory. It is hence that directions under Article 226 of the Constitution are claimed. 4. Respondents have been served. Respondent No.4 has entered appearance through a counsel. The learned counsel submits that Exts.P3 and P4 have been issued in due compliance with all provisions of law. For respondents 1 to 3, the learned Government Pleader appears and submits that the State is willing to afford the requisite protection if there be any obstruction against such running of the factory. 5. Respondents 5 to 12 have entered appearance. They have filed counter affidavit. The learned counsel for respondents 5 to 12 contends that the panchayat has issued Exts.P3 and P4 in violation of the provisions of the Kerala Panchayat Raj Act and the Rules. Ext.P6 licence is also not proper or sufficient, it is contended. 6. We are primarily satisfied that the requisite permissions have been obtained by the petitioner vide Exts.P3/P4, P5/P14 and Ext.P6. The learned counsel for W.P(C) No.14361 of 2011-U 3 respondents 5 to 12 attempts to pick holes in such permissions granted by the panchayat, Pollution Control Board and the Joint Director of Factories and Boilers. He contends that such permits/licences etc. are not valid and legal. 7. We must alertly remind ourselves of the nature and quality of the jurisdiction which we are called upon to invoke and exercise. The available records satisfy us that the requisite licences from the panchayat, Pollution Control Board and the authorities under the Factories and Boilers Act have been obtained. If respondents 5 to 12 have any grievance that such permits/licences have been issued in violation of any relevant rules or provisions of the statute, it is certainly for them to challenge those orders. We repeat that prima facie we are satisfied that all the requisite legal formalities have been satisfied by the petitioner. The contention that Exts.P3 to P6 and P14 are void does not appeal to us. Respondents who have not chosen to challenge those permits/licences cannot be permitted to mount a challenge against them collaterally in this proceedings on merits when they are not able to show that the said documents are void or vitiated on any vital aspects. The W.P(C) No.14361 of 2011-U 4 petitioner is entitled to run the factory without any obstruction from respondents 5 to 12. 8. In the result: a) This Writ petition is allowed; b) Respondents 1 to 3 are directed to afford sufficient police protection to the petitioner for the running of Three Star Bio Fuels in the manufacture of biomanure briquettes without any obstruction from respondents 5 to 12; c) We make it clear that we have not intended in any way to fetter the rights of respondents 5 to 12 to challenge the permits/licences issued to the petitioner, if they have a case that the requisite licences/permits have been granted not in accordance with law. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/