IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 WP(C).No. 6141 of 2011(P) ------------------------- PETITIONER(S): --------------- P.M.ALI @ ALIKUNJU,S/O.MAKKAR, PATTARUMADAM HOUSE,VENGOLA VILLAGE,VENGOLA KARA, PO ALLAPRA, PERUMBAVOOR 653 553,,PROPRIETOR, (RADIAL PLYWOODS),KOTTACHIRA, METHALA PO, REP.BY HIS P/A.H.P.M.HAMSA,S/O.MAKKAR,PATTARUMADAM HOUSE,VENGOLA VILLAGE,PO ALLAPRA,PERUMBAVOOR653553 BY ADV. SRI.SIRAJ KAROLY SMT.R.RAJASREE (CHUTTIMATTATHIL) RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE,KURUPPAMPADY-683541 2. THE CIRCLE INSPECTOR OF POLICE, KURUPPAMPADY- 683541 3. DISTRICT SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA - 683101. 4. SAHEER,S/O.MUHAMMED,ATTAYAM HOUSE, KOTTACHIRA,METHALA PO,ASMANOOR VILLAGE, KUNNATHUNADU TALUK -- 683532. 5. HAMSA,S/O.ABUBAKKAR,ALANGAKKUDY HOUSE, METHALA PO,ASMANOOR VILLAGE,KUNNATHUNADU TALUK -- 683532. 6. NISHAD,S/O.MUHAMMED,ALAKKAKUDY HOUSE, METHAL PO, ASMANOOR VILLAGE,KUNNATHUNADU TALUK -- 683532. 7. JALEEL.T.M,S/O.MUHAMMED, THELAPPURAM HOUSE, METHALA. P.O., KUNNATHUNADU THALUK - 683 532 WPC NO.6141 OD 2011 * ADDITIONAL R8 IMPLEADED 8. ASAMANNUR GRAMA PANCHAYATH REPRESENRED BY IRS SECRETARY, GRAMA PANCHAYAT OFFICE, ASAMANNUR P.O. KUNNATHUNADU TALUK, ERNAKUKLAM DISTRICT - 683 552 *ADDITIONAL R8 IS MPLEADED AS PER ORDER DATED 11/03/2011 IN IA. NO.4266/11 R1 TO R3 GOVT. PLEADER: SMT. C.M. CHARISMA R4 TO R7 BY: ADV. SRI.M.A.ABDUL HAKHIM, SRI.M.G.ANON. SRI.N.K.KARNIS FOR R-8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.6141 OF 2011. APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE TITLE DEED. P1(a): COPY F THE TAX RECEIPT P1(b): COPY OF POSSESSION CERTIFICATE IN RE.SY NO. 347 IN BLOCK NO.15 OF ASAMANOOR VILLAGE. P1(C): TRUE PHOTOGRAPHS OF THE COMPOUND WALL P2: COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD WHICH IS VALID UPTO 09.11.2013. P2(a) COPY OF THE CERTIFICATE FROM THE HEALTH DEPARTMENT. P3: COPY OF CERTIFICATE FROM THE TOWN PLANNER FOR THE CONSTRUCTION OF BULDING. P4: COPY OF THE CERTIFICATE FROM THE FIRE AND RESCUE DEPARTMENT P5: COPY OF THE OWNERSHIP CERTIFICATE OF THE BUILDING P6: COPY OF THE REGISTRATION FROM THE SALES TAX DEPARTMENT. P7: COPY OF THE PERMIT ISSUED BY THE GRAMA PANCHAYATH P8: COPY OF THE FIR P9: COPY OF THE REQUEST OF THE PETITIONER DATED 24.02.2011 P9(A) COPY OF THE RECEIPT RESPONDENTS EXHIBITS: R4(A): PHOTOGRAPH OF THE CHIRA AND THE FACTORY BUILDING OF THE PETITIONER R4(b): PHOTOSTAT OPY OF THE PLAN SUBMITTED BY THE PETITIONER AND APPROVED BY THE ENVIRONMENT ENGINEER OF KERALA STATE POLLUTION CONTROL BOARD. R4 (c) PHOTOSTAT COPY OF THE MASS PETITION SUBMITTED TO THE PANCHAYAT TRUE COPY SM PA TO JUDGE R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 6141 OF 2011 ----------------------------------------------------------- Dated this the 17th March, 2011. JUDGMENT Basant, J. Petitioner seeks police protection. He is duly authorised by Ext.P7 permit issued by the eighth respondent panchayat to establish and instal a plywood factory by name Radius Plywoods. According to the petitioner, respondents 4 to 7 are raising illegal and unsustainable objections and physically obstructing the activities of the petitioner with relation to the unit. It is in these circumstances that the petitioner came to this Court. 2. The learned Govt. Pleader for respondents 1 to 3 submits that it is true that there were physical obstructions. In the light of the interim order dated 4-3-2011, police protection was afforded as directed. 3. Eight respondent Panchayat submits that Ext.P7 permit dated 21-1-2011 has been issued by the Panchayat to the petitioner complying with all the requisite provisions of law. 4. Respondents 4 to 7 raised various contentions. According to them Ext.P7 permit has been granted by the WPC 6141/2011 2 Panchayat without observing their requisite formalities. Any one aggrieved by Ext.P7 is certainly entitled to challenge Ext.P7 but admittedly respondents 4 to 7 have not chosen to challenge Ext.P7 so far. 5. Respondents 4 to 7 raise a further grievance that the consent from the Pollution Control Board has been obtained misrepresenting facts. In these circumstances the said consent obtained is also not proper, contends the learned counsel for respondents 4 to 7. 6. There is absolutely no material presently available to indicate that the consent has been obtained unjustifiably. There is also nothing to indicate that Ext.P7 permit obtained is also not legally valid and sustainable. We are in these circumstances satisfied that the prayer of the petitioner is perfectly justified. 7. In the result; a) This writ petition is allowed. b) Respondents 1 to 3 are directed to grant police protection to the petitioner to establish his industrial unit as permitted by Ext.P7. c). It is made clear that this order shall not in any way fetter the rights of respondents 4 to 7 to challenge Ext.P7 order WPC 6141/2011 3 or the consent granted by the Pollution Control Board in accordance with law before appropriate forum. d) The right of respondents 4 to 7 to approach the civil court raising their grievances shall also remain unfettered by this judgment. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 6141/2011 4