IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 26498 of 2011(J) -------------------------- PETITIONER: ----------------- V.A.SALIM, S/O.ALIKUTTY, PROPRIETOR, ASHIRWAD HOLLOW BRICKS, XIV/304(A), KURUMAL, VELOOR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADVS. SRI.C.A.CHACKO SRI.P.KRISHNA KUMAR (ALAPPUZHA) RESPONDENTS: ---------------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR-680 001. 2. THE CIRCLE INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, THRISSUR-680 503. 3. THE SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION, THRISSUR, PIN-680 584. 4. SIVAN, NAMBRATH HOUSE, KURUMAL, VELOOR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT -680 601. 5. SATHYAN, CHOONDAPURACKAL HOUSE, KURUMAL, VELOOR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT-680 601. 6. CHANDRAN, AYANGATHU HOUSE, KURUMAL, VELOOR VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT-680 601. R1 TO R3 BY GOVT. PLEADER DINESH MATHEW MANJOORAN R4 TO R6 BY ADV. SRI.T.RAJASEKHARAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMG W.P (C) No. 26498/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE LICENCE OBTAINED BY THE PETITIONER FROM VELOOR GRANA PANCHAYAT. EXT.P2 : TRUE COPY OF THE CONSENT TO ESTABLISH OBTAINED BY THE PETITIONER FRM KERALA POLLUTION CONTROL BOARD. EXT.P3 : TRUE COPY OF CONSENT TO OPERATE OBTAINED BY THE PETITIONER FROM KERALA POLLUTION CONTROL BOARD. EXT.P4 : TRUE COPY OF ORDER DATED 19-07-2011 IN IA No.856/2011 IN REVISION PETITION No.59/2011 OF TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, TRIVANDRUM. EXT.P5 : TRUE COPY OF THE RECEIPT DATED 28-09-2011 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. EXT.P6 : TRUE COPY OF THE REPRESENTATION DATED 29-09-2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P7 : TRUE COPY OF THE REPRESENTATION DATED 29-09-2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P8 : TRUE COPY OF THE RECEIPT DATED 29-09-2011 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. EXT.P9 : TRUE COPY OF THE REPRESENTATION DATED 29-09-2011 FILED BY THE PETITIONER BEFORE THE ASSISTANT LABOUR OFFICER. RESPONDENT'S EXHIBITS: EXT.R3(a) : COPY OF THE NOTICE ISSUED BY THE VELOOR GRAMA PANCHAYAT TO THE PETITIONER COMPANY. EXT.R3(b) : COPY OF THE JUDGMENT PASSED IN W.P (C) No.14855/2011 PASSED BY THIS HON'BLE COURT. EXT.R3(c) : COPY OF THE RESOLUTION DATED 04-07-2011 PASSED BY THE VELOOR GRAMA PANCHAYAT TO THE PETITIONER. EXT.R3(d) : COPY OF THE MASS PETITION SUBMITTED BY THE PEOPLE OF THE LOCALITY BEFORE THE VELLOOR GRAMA PANCHAYAT. EXT.R3(e) : COPY OF THE RESOLUTION DATED 25-07-2011 PASSED BY THE VELOOR GRAMA PANCHAYAT. EXT.R3(f) : COPY OF THE MASS PETITION SUBMITTED BY THE PEOPLE OF THE GRAMA PANCHAYAT. EXT.R3(g) : COPY OF THE REPRESENTATION SUBMITTED BY THE BY THE ACTION COMMITTEE BEFORE THE POLLUTION CONTROL BOARD EXT.R3(h) COPY OF THE DECISION TAKEN BY THE GRAMA SABHA OF VELOOR GRAMA PANCHAYAT. //TRUE COPY// P.A. TO JUDGE AMG PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.26498 of 2011 ------------------------------------------- Dated this the 17th day of October, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. The petitioner, who is conducting a hollow brick manufacturing unit under the name and style Ashirwad Hollow Bricks, has approached this court seeking police protection for the running of the unit. The party respondents have filed a counter affidavit in which it is stated that considering the complaint submitted by the local public the Panchayat has passed Ext.R3(c) resolution on the basis of which stop memo was issued to the petitioner from running the unit. Sri.C.A.Chacko, learned counsel for petitioner drew our attention to Ext.P4 stay order passed by the Tribunal for Local Self Government Institutions in Revision Petition No.59/2011. According to the learned counsel, though the operation of the stop memo has been stayed by the Tribunal, the petitioner is not being allowed to conduct the unit. 2. Having considered the rival pleadings raised by the parties and the submissions addressed at the bar by the respective counsels, we are of the view that as the Tribunal for Local Self Government Institutions is yet to finally dispose of W.P.(C).26498/111 -2- Revision Petition. 59/2011 it will be too early for this court to issue directions for police protection. We dispose of the writ petition issuing the following directions: (1) The Tribunal for Local Self Government Institutions, Thiruvananthapuram is directed to expedite the hearing and disposal of Revision Petition 59/2011 filed by the petitioner. At any rate, the Revision Petition shall be disposed of within a period of six weeks from today. (2) If the decision in the Revision Petition comes to be in favour of the petitioner, that is, if the resolution of the Panchayat and the stop memo issued by the Panchayat are cancelled by the Tribunal, respondents 2 and 3 shall render adequate protection to the petitioner for running the unit as requested by him. (3) If the decision of the Tribunal comes to be against the petitioner, it will be open to the petitioner to challenge that decision in accordance with law. The writ petition is disposed of as above. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb