IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31340 of 2011(N) -------------------------- PETITIONER(S): --------------- P.P. VINCENT, MANAGING PARTNER, M/S.GAYATHRI ROCKS PRODUCT, PAZHAMBALACODE, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.BABY MATHEW RESPONDENT(S): -------------------- 1. SUJITH, S/O. RAJAN, AGE 27 YEARS, PEECHANCODE HOUSE, THOTTAMPALLA PAZHAMBALACODE.P.O, ALATHUR TALUK, PALAKKAD DISTRICT - 678 541. 2. JAMEESH, S/O. NOORJAHAN, AGED 23 YEARS, PARAYENGAD HOUSE, THOTTAMPALLA, PAZHAMBALACODE, ALATHUR TALUK, PALAKKAD DISTRICT - 678 541. 3. RAMDAS, S/O.UNNIKUTTAN, AGED 24 YEARS, URAVUMCHOLLA, PAZHAMBALLACODE.P.O, ALATHUR TALUK, PALAKKAD DISTRICT - 678 541. 4. PRASAD, S/O. VIJAYAN, AGED 25 YEARS, KANNIRAMKAD HOUSE, THOTTAMPALLA, PAZHAMBALACODE.P.O, ALATHUR TALUK, PALAKKAD DISTRICT - 678 541. VK WP(C).No. 31340 of 2011(N) ---------------------------------- 5. SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, PALAKKAD DISTRICT - 678 541. 6. DEPUTY SUPERINTENDENT OF POLICE, ALATHUR, PALAKKAD DISTRICT - 678 541. R1 TO 4 R4 BY ADVS. SRI.PHILIP T.VARGHESE SRI.S.SARATH R5 & 6 BY SENIOR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vk WP(C).No. 31340 of 2011(N) ------------------------------ APPENDIX --------------- PETITIONER(S) EXHIBITS ------------------------------ EXHIBIT-P1- TRUE COPY OF THE LICENCE ISSUED BY THE THARUR GRAMA PANCHAYATH DATED 23/02/2011 EXHIBIT-P2- TRUE COPY OF THE ACKNOWLEDGMENT DATED 04/11/2011 EXHIBIT-P3- TRUE COPY OF THE LICENCE DATED 14/07/2011 ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILER EXHIBIT-P4- TRUE COPY OF THE CONSENT DATED 30/06/2009 ISSUED BY THE POLLUTION CONTROL BOARD EXHIBIT-P5- TRUE COPY OF THE COMPLIANT DATED 19/11/2011 RESPONDENTS' EXHIBITS : NIL ------------------------------- / TRUE COPY / P.A. TO JUDGE VK PIUS C.KURIAKOSE & K. HARILAL, JJ. ------------------------ W.P.(C).No. 31340 OF 2011 ------------------------ Dated this the 30th day of November, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, who is conducting a crusher unit by name and style of "Gayathri Rocks Products' at Pazhambalacode in Palakkad District has approached this court complaining that respondents 1 to 4 are unnecessarily meddling with the operation of the unit by him leading to law and order situation. 2. Even though notice was issued through the special messenger to the party respondents, none of them have come forward to this court for resisting the prayers. Hence, the averments in the writ petition stand established as against the party respondents by non traverse. 3. On behalf of the State Attorney, it is submitted that there was picketing and agitation in the beginning . But, at the moment there is no law and order situation. It is seen on a perusal of Exts.P1 to P4 that the petitioner is having all statutory permits and licenses for conducting a crusher unit. Under these circumstances, we do not find any reason as to why relief WPC.No.31340/2011 2 should not be granted to the petitioner. We allow this writ petition and direct respondents 5 and 6 to give adequate police protection to the petitioner and his workmen for operating his crusher unit by name Gaythri Rocks Products if there is obstruction to the same from the part of the respondents 1 to 4 or persons acting under them. We make it clear that the above direction will be operative only so long as Exts.P1, P3 and P4 are in currency. PIUS C.KURIAKOSE,JUDGE K. HARILAL, JUDGE. dpk