IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 20733 of 2008(R) -------------------------- PETITIONER: ------------ T.SATHEEBAI, PROPRIETRIX OF KAILAS WIRECUT BRICKS, VILANTHARA, RESIDING AT KAILAS BHAVAN, VILANTHARA.PO, WEST KALLADA, SASTHAMCOTTA, KOLLAM DISTRICT BY ADV. SRI.K.DIVAKARAN NAIR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PROSECUTION, HIGH COURT, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE SASTHAMCOTTA, KOLLAM DISTRICT 3. THE SUB INSPECTOR OF POLICE SASTHAMCOTTA, KOLLAM DISTRICT 4. YESUDASAN, THIRUHRIDAYABHAVANAM VALIYAPADAM, VILANTHARA P.O. SASTHAMCOTTA, KOLLAM DISTRICT PIN 690 521 5. MOHANAN PILLAI, RANJITH BHAVANAM, VALIYAPADAM, VILANTHARA P.O. SASTHAMCOTTA, KOLLAM DISTRICT PIN 690 521 6. MADHU,MOOLAVILAYIL, VALIYAPADAM, VILANTHARA P.O.SASTHAMCOTTA, KOLLAM DISTRICT PIN 690 521 W.P.(C) No.20733/2008 7. BABU PILLAI, ALIAS G0PINATHA PILLAI PALAVILATHEKKETHIL (AKHIL NIVAS) VALIYAPADAM, VILANTHARA P.O. SASTHAMCOTTA, KOLLAM DISTRICT PIN 690 521 8. ANUP, ANEESH BHAVANAM, VALIYAPADAM, VILANTHARA P.O. SASTHAMCOTTA, PIN 690 521 BY ADV. SRI. K.SIJU (SRI.SIJU KAMALASANAN) FOR R4 TO 7 SRI.S.SUDHEESHKAR FOR R4-7 SRI.A.MUHAMMED RAFFI FOR R4-7 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.20733/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: ORDER DT.9.6.2000 GRANTING SUBSIDY TO PETITIONER'S UNIT. EXT.P2: LICENCE OF PETITIONER'S UNIT. EXT.P3: CONSENT RENEWAL ORDER DATED 26.8.2006 OF POLLUTION CONTROL BOARD. EXT.P4: LICENCE DT.31.12.2007 ISSUED BY DEPARTMENT OF FACTORIES & BOILERS. EXT.P5: E.S.I. COVERAGE INTIMATION DT.10.8.2001. EXT.P6: SALES TAX REGISTRATION CERTIFICATE. EXT.P7: COPY OF JUDGMENT DT.4.6.2008 IN W.P.(C) NO.16579/2008. EXT.P8: COPY OF LICENCE DT.1.7.2008 ISSUED BY WEST KALLADA GRAMA PANCHAYAT FOR THE S.S.I UNIT OF PETITIONER. EXT.P9: COPY OF CONSENT LETTER DT.30.6.2008 ISSUED BY POLLUTION CONTROL BOARD FOR -DO- EXT.P10: COPY OF COMPLAINT DT.6.7.2008 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXTS: EXT.R4(a): COPY OF PHOTOGRAPHS IS PRODUCED HEREWITH AND MARKED AS EXT.R4(a) FOR IDENTIFICTION. EXT.R4(b): COPY OF THE STOP MEMO DT.31.5.2008 ISSUED BY THE WEST KALLADA GRAMA PANCHAYAT. EXT.R4(c): COPY OF REPRESENTATION TO THE PANCHAYAT. EXT.R4(d): COPY OF RECEIPT OF PCB. EXT.R4(e): COPY OF CAVEAT O.P. FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, SASTHAMCOTTA. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------------------- W.P.(C) No.20733 OF 2008 ------------------------------------- Dated this the 17th day of July, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is running a wire-cut brick manufacturing unit. She submits, it is having all statutory clearances and licences. Ext.P8 is the licence issued by the Local Grama Panchayat. Ext.P9, is the consent to operate granted by the Pollution Control Board, which is valid up to 30.6.2009. When the petitioner was operating her unit, the respondents 4 to 8 and others trespassed into the unit on 5.7.2008 at about 7.p.m poured water into the kiln and drove away her workmen brandishing iron rodes. Because of the actions of the said respondents she has suffered substantial damages. Though he filed Ext.P10 representation before the Sub Inspector of Police detailing about the illegal actions of the said respondents on 6.7.2008, the police have not chosen to register a crime or investigate the same. Even thereafter they are threatening continuously and therefore she is not able to run the unit. Hence, this writ petition is filed seeking the following relief: “a) issue a writ of mandamus or any other appropriate writ, direction or order, commanding respondents 1 to 3 to afford W.P.(C) No.20733/2008 2 adequate police protection for the smooth function of her S.S.I. Unit viz. 'Kailas Wire Cut Bricks'.” 2. The learned Government Pleader, upon instructions, submitted that there were complaints about the petitioner's unit that it was causing pollution and the local Grama Panchayat interfered. Later, the petitioner obtained licence from the Panchayat and also consent from the Pollution Control Board. When trial run was attempted, in the presence of the Panchayat officials, some people caused obstruction to the same. It was only a solitary incident and thereafter there was no obstruction or violence, it is submitted. 3. The respondents 4 to 7 have filed counter affidavit and they have denied all the allegations made against them. They submitted that the unit is being run in a manner causing pollution in the neighbourhood. Therefore, the party respondents have moved the panchayat and the Pollution Control Board raising complaints about the functioning of the unit. They also pointed out that the condition imposed by the Pollution Control Board for granting consent for the operation of the unit, W.P.(C) No.20733/2008 3 concerning the construction of a permanent enclosed room with a pyramidal roof for the kiln with a chimney at a height of 15 meters, has not so far been implemented. So, the unit is causing pollution even now. The respondents 3 to 7 also submitted that they have no intention, whatsoever, to cause physical obstruction to the running of the unit. They propose to take recourse to the remedies available to them under law. The above submission of the party respondents will redress the grievance of the petitioner. The same is recorded and the writ petition is disposed of. But, it is clarified that the petitioner is bound to complete the construction of the chimney as directed by the Pollution Control Board, within the time frame fixed in Ext.P9. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps