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 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 25954 of 2008(M) -------------------------------------- PETITIONER(S): ---------------------- SHIBU PAUL , KADUTHODIL HOUSE KADANADU, KOTTAYAM DIST BY ADV. SRI.V.K.SUNIL RESPONDENT(S): ------------------------ 1. THE DISTRICT SUPERINTENDENT OF POLICE KOTTAYAM. 2. THE CIRCLE INSPECTOR OF POLICE PALA, 3. THE SUB INSEPCTOR OF POLICE, PALA. 4. THE BHARANANGANAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, BHARANANGANAM PO KOTTAYAM. 5. JOSEKUTTY, THARASSERIYIL, PRAVITHANAM PO PALA, KOTTAYAM. 6. SUNNY, MANKARAYIL, PRAVITHANAM PO, PALA, KOTTAYAM. 7. THOMAS, MANKARAYIL, PRAVITHANAM PO, PALA, KOTTAYAM. 8. JOSEKUTTY, PULIYANPARAMBIL, PRAVITHANAM PO, PALA, KOTTAYAM. 9. THOMAS JOSEPH @ OUSEPHACHAN, EDAYINIKKADU,PRAVITHANAM P.O.,PALA, KOTTAYAM. SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.K.GOPALAKRISHNA KURUP FOR R5 TO R9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 25954/2008-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LICENCE NO.B2.14/2006-07 DATED 04/04/2006 OF THE PRIVATE SLAUGHTER HOUSE ISSUED BY THE 4TH RESPONDENT PANCHAYATH. EXT.P2: COPY OF THE LICENCE NO.B2.11/2006-07 DATED 04/04/2006 FOR THE PIGGERY. EXT.P3: COPY OF THE CERTIFICATE OF RENEWAL OF LICENCE NO.B2.6/2006-07 FOR THE MANUFACTURE OF FOODS FOR SALE. EXT.P4: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO. 33373/2007 DATED 14/07/2008. EXT.P5: COPY OF THE REPORT OF THE SUB-COMMITTEE OF THE PANCHAYATH BASED ON THE RE-INSPECTION OF THE PIGGERY. EXT.P6: COPY OF THE STOP MEMO ISSUED BY THE PANCHAYATH NUMBERED AS B2- 379/05 DATED 13/08/2008. EXT.P7: COPY OF THE ORDER DATED 18/06/2008 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN I.A.NO.871/2008 IN APPEAL NO.411/2008. EXT.P8: COPY OF THE WOUND CERTIFICATE OF MR.SHAJI JOSEPH DATED 14/08/2008. EXT.P9: COPY OF THE F.I.R. IN CRIME NO.494/2008 OF THE PALA POLICE STATION. EXT.P10: COPY OF THE MAHASER IN CRIME NO.494/2008. EXT.P11: COPY OF THE WOUND CERTIFICATE OF MR.RAJA RAM, THE EMPLOYEES OF THE PETITIONER. EXT.P12: COPY OF THE WOUND CERTIFICATE OF MR SAJU V.K. EXT.P13: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESOPONDENT DATED 15/08/2008. EXT.P14: COPY OF THE REPLY DATED 12/03/2008 SUBMITTED BY THE BROTHER OF THE PETITIONER BEFORE THE 4TH RESPONDENT PANCHYATH. EXT.P15: COPY OF THE INSPECTION REPORT NO.PCB/KTM/2389/2006 DATED 12/04/2007 SUBMITTED BY THE ENVIRONMENTAL ENGINEER, KOTTAYAM. RESPONDENT'S EXHIBITS: EXT.R5(a): COPY OF THE INTERIM ORDER IN W.P.(C). NO. 33373/2007 DATED 13/11/2007. EXT.R5(b): COPY OF THE RESOLUTION NO.5 DATED 12/08/2008 OF THE PANCHAYAT COMMITTEE. W.P.(C). NO. 25954/2008-M EXT.R5(c): COPY OF THE JUDGMENT IN W.P.(C). NO. 25434/2008 DATED 22/08/2008. EXT.R5(d): COPY OF THE PHOTOGRAPH OF THE SATHYAGRAHA ORGANIZED BY THE ACTION COUNCIL. EXT.R5(e): COPY OF THE ROUGH SKETCH SHOWING THE LIE AND LOCATION OF THE FARM AND THE PRIVATE ROAD. EXT.R5(f): COPY OF THE SURVEY PLAN SHOWING THE MANKARA ROAD AND THE PETITIONER'S PROPERTY. //TRUE COPY// P.A. TO JUDGE Rs/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.25954 OF 2008 M ----------------------------------------------------- DATED THIS THE 20th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner was running a piggery and slaughter house. The people of the locality took up cudgels against the running of those two units on the ground that they are causing pollution in the area. The Panchayat cancelled the licence of the petitioner for running those units for the year 2007-08. The said decision was the subject-matter of a proceeding before the Tribunal for Local Self Government and also before this Court. The Sub-Committee of the Panchayat was directed to inspect the petitioner's unit and based on their inspection report, the Grama Panchayat was directed to consider the matter, by this Court by Exhibit P4 judgment. Pursuant to the said judgment, the matter was heard and decided by the Panchayat and the application of the petitioner for licence for the year 2008-09 was rejected by Exhibit R5(b), which was now communicated by Exhibit P6. The petitioner moved the Tribunal and the Tribunal stayed all further proceedings pursuant to Exhibit P6, W.P.(C)No.25954/08 -2- by Exhibit P7 order. The petitioner submits, in the mean time, the party respondents have barged into his farm, armed with deadly weapons and inflicted injuries on three of his employees. They were admitted in the hospital and Exhibits P8, P11 and P12 are the wound certificates in respect of those employees. The police have also registered a crime as per Exhibit P9 FIR. Exhibit P10 is the scene mahazar prepared by the police, which would show that the miscreants have caused extensive damages to the establishment of the petitioner. In the above background, the petitioner moved for police protection by filing Exhibit P13 representation before the Deputy Superintendent of Police, for protecting the lives of him and his workmen. Alleging that the police did not even arrest the accused who are named in the FIR and are not taking any steps to protect the petitioner, this Writ Petition is filed, seeking appropriate reliefs. 2. Respondents 5 to 9 have filed a detailed counter affidavit stating that the petitioner's establishment is causing great nuisance and pollution in the locality. They are carrying on an agitation against the same. They have no involvement in the incident which led to the registration of Exhibit P9 crime. They are falsely implicated in it. The petitioner does not have any licence to run his establishment during W.P.(C)No.25954/08 -3- this financial year. Therefore, this Court may not order police protection, it is submitted. 3. We heard the learned Government Pleader for the respondents also. The learned Government Pleader upon instructions submitted that a crime has been registered against the miscreants and the police are keeping surveillance over the area. Intensive police patrolling is also done to maintain law and order. There is no failure from the part of the police to prevent untoward incidents, it is submitted. 4. Going by Exhibit R5(a) interim order of this Court and Exhibit P7 order of the Tribunal, we feel that the petitioner could run the piggery till the matter is finally heard and decided by the Tribunal. The petitioner undertakes that he will run the piggery only and that too without any pollution. If anybody causes obstruction to the running of the piggery, the petitioner may inform the 3rd respondent. In that event, the 3rd respondent shall remove the obstruction. But, the police would not interfere with the peaceful demonstrations and agitations held by the local people, if any, to protest against the running of the piggery or the business establishment of the petitioner. This direction to grant police protection will remain in force only till the final disposal W.P.(C)No.25954/08 -4- of the appeal pending before the Tribunal. Thereafter, the running of the unit will depend upon the orders of the Tribunal. But, this will not affect the powers of the police to take any action, if any cognizable offence is reported. Both sides point out that there is a dispute regarding the pathway used by the petitioner which is pending before the Munsiff's Court, Erattupettah, Palai. The direction issued by us will not in any way affect the orders, if any, passed by the Munsiff's Court. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn