IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 W.P.(C).No.23351 of 2008(E) ------------------------------------------------ PETITIONER:- -------------------- ANIL KUMAR, S/O SUKUMARAN, RESIDING AT “SAROVARAM”, ARIYATTUKONAM, ANDOORKKONAM P.O., POTHENCODE, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS:- ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL POLICE DISTRICT, OFFICE OF THE SUPERINTENDENT OF POLICE (RURAL), KURAVANKONAM, THIRUVANANTHAPURAM. 4. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL SUB DIVISION, ATTINGAL, THIRUVANANTHAPURM 5. THE SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, POTHENCODE, THIRUVANANTHAPURAM. 6. THE POTHENCODE GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, POTHENCODE, THIRUVANANTHAPURAM 695 584. 7. THE SECRETARY, POTHENCODE GRAMA PANCHAYAT, POTHENCODE, THIRUVANANTHAPURAM - 695 584. W.P.(C).NO.23351 OF 2008 - 2 - 8. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE,THIRUVANANTHAPURAM 695 024. 9. RAVEENDRAN NAIR, VRINDAVANAM, PANIMOOLA, ANDOORKKONAM P.O., THIRUVANANTHAPURAM. 10. ANEESH R.S., DO.....DO..... 11. SHOBHANA, DO.....DO..... 12. RAJESH, MELEVILA VEEDU, KOVILVILAKOM, ARIYATTUKONAM, ANDOORKKONAM P.O., THIRUVANANTHAPURAM. 13. SUDHAKARAN, DO.... DO...... 14. SUDHA , DO......DO...... 15. AJIKUMAR, ARJUN NILAYAM, KOVILVILAKOM, ARIYATTUKONAM, ANDOORKKONAM P.O., THIRUVANANTHAPURAM. 16. SHEELA,. DO......... DO.... 17. GEETHA KUMARI, GEETHA BHAVAN, KOVILVILAKOM, ARIYATTUKONAM, ANDOORKKONAM P.O., THIRUVANANTHAPURAM. 18. PADMINI, KOVILVILAKOM, ARIYATTUKONAM, ANDOORKKONAM P.O., THIRUVANANTHAPURAM. 19. VALSALA, VIMAL BHAVAN, KOVILVILAKOM, ARIYATTUKONAM, ANDOORKKONAM P.O., THIRVNANTHAPURAM. 20. SANTHOSH, SREELEKSHMI CHERUVILAKOM, PANIMOOLA, ANDOORKKONAM,P.O., THIRUVNANTHAPURAM. R1 TO R5 BY SENIOR GOVERNMENT PLEADER SRI.BENJAMIN PAUL. R8 BY STANDING COUNSEL SMT.K.K.THULASI BHAI. R9 TO R20 BY ADV.SRI.M.R.RAJESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- W.P.(C).NO.23351 OF 2008 APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 - TRUE PHOTO COPY OF THE LICENCE NO.B1.134/19/2008-09 ISSUED BY THE SEVENTH RESPONDENT. EXT.P2 - TRUE PHOTO COPY OF THE NO OBJECTION LETTER NO.B/258/2008 DATED 24/4/2008 ISSUED BY THE INSPECTOR OF FACTORIES AND BOILERS, GRADE-II, THIRUVANANTHAPURAM. EXT.P3 - TRUE PHOTO COPY OF THE NO OBJECTION LETTER NO.C2-10638/08/G DATED 26.4.2008 ISSUED BY THE DISTRICT MEDICAL OFFICER (HEALTH) THIRUVANANTHAPURAM. EXT.P4 - TRUE PHOTO COPY OF THE NO OBJECTION LETTER NO.B2/2954/08 DATED 24.4.2008 ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICE, THIRUVANANTHAPURAM. EXT.P5 - TRUE PHOTO COPY OF THE CONSENT ISSUED BY THE EIGHTH RESPONDENT. EXT.P6 - TRUE PHOTO COPY OF THE LOAN SANCTION LETTER DATED 28/1/2008 ISSUED FROM THE KERALA FINANCE CORPORATION. EXT.P7 - TRUE PHOTO COPY OF THE PROFORMA INVOICE ISSUED BY THE AUTHORISED SIGNATORY OF WINDSOR MACHINES LTD. EXT.P8 - TRUE PHOTO COPY OF THE COMPLAINT DATED 18.7.2008 SUBMITTED BY THE PETITIONER TO THE FIFTH RESPONDENT. EXT.P9 - TRUE PHOTO COPY OF THE ORDER DATED 1.7.2008 OF THE HONOURABLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN O.P. NO.620 OF 2008. RESPONDENT'S EXHIBITS:- --------------------------------------- NIL. - TRUE COPY - H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- W.P.(C).No.23351 of 2008-E ---------------------------------------------- Dated, this the 8th day of August, 2008 JUDGMENT Basheer, J. Petitioner, who intended to set up a manufacturing unit of rubber and PVC pipes, had availed of huge amounts as loan from various financial institutions and purchased machineries. According to the petitioner, he has constructed buildings in the property, having an extent of 14 Ares and 80 Square Metres, comprised in Re-survey No.148/7 (Old Survey No.2355/A) in Block No.7 of Andoorkkonam Village and purchased necessary machinery for the unit. 2. The grievance of the petitioner is that respondents 9 to 20 and their henchmen and supporters are causing obstruction and threat, not only to his life, but also to the property. Therefore, the petitioner prays for issue of a writ in the nature of mandamus, directing respondents 1 to 5 to afford sufficient protection to his life and the property referred to above. 3. The learned counsel for respondents 9 to 20 while stoutly denying the allegations in the writ petition, submits that petitioner had managed to forge signature of some of the local residents with a view to obtain consent from the local statutory body and, therefore, a complaint had been filed against the petitioner. It is further submitted that the police has registered a crime against the petitioner. According to the learned counsel, the WP(C).23351 of 2008 - 2 - attempt of the petitioner is to stall the investigation in the aforesaid crime. It is further submitted by the learned counsel that respondents 9 to 20 will not either cause any obstruction in the functioning of the unit or interfere with the peaceful possession and enjoyment of his property. He further submits that respondents 9 to 20 will not cause any threat to the life of the petitioner. 4. In view of the above unequivocal undertaking given by the learned counsel on behalf of respondents 9 to 20, we do not deem it necessary to pass any order other than directing respondents 1 to 5 to take appropriate action, if and when a complaint is received with regard to any threat to the life and property of the petitioner. It is made clear that this order will not stand in the way of the police in taking appropriate action in the crime, if any, registered against the petitioner. With the above direction/observation, the writ petition is disposed of. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge