IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 34247 of 2011(E) -------------------------- PETITIONER(S): --------------- 1. M.P.ABBAS,MARAVETTIKKAL,MUTHALAKODAM.P.O THODUPUZHA. 2. K.A.RAMLA,W/O.ABBAS.MARAVETTIKKAL, MUTHALAKODAM.P.O,THODUPUZHA. BY ADV. SRI.P.P.THAJUDEEN SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE(LAW & ORDER), POLICE HEAD QUARTERS,THIRUVANANTHAPURAM, PIN-695001. 2. SUPERINTENDENT OF POLICE,IDUKKI, PIN-685603. 3. STATION HOUSE OFFICER,THODUPUZHA POLICE STATION,IDUKKI DISTRICT -685603. 4. BABU,KALAPPURACKAL VEEDU, MUTHALAKODAM.P.O,PERUMBALLICHIRA KARA, THODUPUZHA-685605. BY GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 34247 of 2011(E) APPENDIX PETITIONER(S) EXHIBITS EXT-P1:A TRUE COPY OF THE BUILDING PERMIT DATED 5/8/2011 ISSUED BY THE THODUPUZHA MUNICIPALITY. EXT-P2:A TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD. EXT-P3: A TRUE OF THE NO OBJECTION CERTIFICATE ISSUED BY THE ASST; DIVISIONAL OFFICER,FIRE AND RESCUE SERVICE,KATTAPANA,IDUKKI DIST. EXT-P4: A TRUE COPY OF THE ORDER DATED 16/6/2011 ISSUED BY THE CHIEF TOWN PLANNER,THIRUVANANTHAPURAM. EXT-P5: A TRUE COPY OF THE ACKNOWLEDGEMENT DATED 23/2/2011 ISSUED BY THE GENERAL MANAGER,DISTRICT INDUSTRIES CENTRE,IDUKKI. EXT-P6: A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS DATED 19-12-2011 TO THE THIRD RESPONDENT AND ITS RECEIPT. RESPONDENTS' EXHIBITS :NIL //TRUE COPY// P.A TO JUDGE ab PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.34247 of 2011 -------------------------------------------------- Dated this the 23rd day of December, 2011 J U D G M E N T K.Harilal, J The petitioners are the joint owners of 4.27 acres of land and intend to establish a Crusher Sand (M-Sand) manufacturing unit by name and style M/s.Maravettickal M Sands in the said property. The have obtained building permit from Thodupuzha Municipality, which is marked as Ext.P1. Similarly, they obtained consent from the Kerala State Pollution Control Board, which is also marked as Ext.P2. No objection certificate issued by the Assistant Divisional Officer, Fire and Rescue Service, Kattapana, Idukki District is also produced and marked as Ext.P3. A copy of the order issued by the Town Planner approving the lay out of the proposed building is also produced and marked as Ext.P4. According to the petitioners in view of the statutory permits and licenses, they have right to operate the M-Sand unit in the above said property. 2. The grievance of the petitioners is that on 14.11.2011, when the petitioners along with the workers commenced the W.P(C) No.34247 of 2011 2 work of the installation of the plant and machinery, the 4th respondent along with local gundas came to the premises and threatened the employees of the petitioners stating that they will not allow to establish the M-Sand manufacturing unit and they abused the employees of the petitioners with filthy language. Aggrieved by the illegal activities of the 4th respondent the petitioners filed a complaint before the 4th respondent which is produced as Ext.P6. But the 4th respondent has not taken any action on Ext.P6 complaint. 3. Though notice has been issued against the 4th respondent, he has not entered appearance and thereby the allegations put forward in the writ petition stands established as non-traverse. In the above circumstances, in view of the statutory permits and licenses, the petitioners have the right to start the industrial manufacturing unit and we are inclined to grant police protection as prayed for. 4. Therefore, respondents 1 to 3 are directed to afford adequate and effective police protection to the petitioners and their employees for the construction, establishment and installation of the plant and machinery of the M-Sand manufacturing unit in survey No.39/2B/19 of Thodupuzha Village W.P(C) No.34247 of 2011 3 and to ensure that no obstruction is being caused to the smooth conduct of the petitioners business. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab