Kerala High Court
P. Mahamood vs District Police Chief on 20 December, 2024
Author: C.S.Dias
Bench: C.S.Dias
WP(C) No.40273/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 20th day of December 2024 / 29th Agrahayana, 1946
WP(C) NO. 40273 OF 2024 (H)
PETITIONER:
P. MAHAMOOD, AGED 52 YEARS, S/O. ABDURAHIMAN, 'FATHIMAS', CHIRAKKAL
AMSOM, PUZHATHI DESOM, NEAR KOTTAKKUNNU SCHOOL, KANNUR TALUK, PIN -
673 011.
RESPONDENTS:
1. DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, KASARAGOD, PIN - 671
310.
2. INSPECTOR OF POLICE, CHANDERA POLICE STATION, KASARAGOD, PIN - 671
123.
3. SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION, KASARAGOD, PIN -
671 123.
4. FAYIS, S/O. K. MUHAMMED KUNHI, PUTHALATHIL HOUSE, BEERICHERI,
TRIKARIPUR P.O., KASARAGOD, PIN - 671 310.
5. ADDL.R5: KERALA STATE POLLUTION CONTROL BOARD, RERPRESENTED BY
ENVIRONMENTAL ENGINEER, KASARGOD DISTRICT OFFICE, KANHANGAD,
KASARGOD, PIN-671 315 (ADDL.R5 IS IMPLEADED AS PER ORDER DATED
20.11.2024 IN IA NO.1/2024 IN WP(C) NO.40273/2024).
6. ADDL.R6: TRIKARIPUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY,
TRIKARIPUR P.O., KASARAGOD DISTRICT, PIN-671 310[ IS IMPLEADED AS
PER ORDER DATED 19/12/2024 IN I.A 2/24 IN WP(C)]
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents No. 1 to 3 afford police protection to
the petitioner till the writ petition is heard and finally disposed of.
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and this Court's
order dated 09.12.2024 and upon hearing the arguments of M/S.M.V.AMARESAN
& S.S.ARAVIND, Advocates for the petitioner, M/S.P.C.ANIL KUMAR & MANU
M.THOMAS, Advocates for the 4th respondent and of SRI.T.NAVEEN, Advocate
for the Additional 5th respondent, the court passed the following:
WP(C) No.40273/2024 2/4
C.S.DIAS,J
--------------------------------------------
W.P.(C) No.40273 of 2024
--------------------------------------------------------
Dated this the 20th day of December, 2024
ORDER
Admitted.
2. The counter affidavit filed.
3. On a consideration of the pleadings and the materials on record, especially after going through the statement filed by the additional 5 th respondent, wherein, it has been stated that there are adequate facilities provided for treatment of waste water generated from the fish stall and Ext.P4 consent to operate the fish stall has been granted to the petitioner, and also the petitioner has produced other statutory licences, I am satisfied that the petitioner is entitled to an interim order. Hence, I direct the 3 rd respondent to ensure law and order is maintained in the locality from the alleged threat of the respondents WP(C) No.40273/2024 3/4 W.P.(C) No.40273 of 2024 :2: 4 and 5, at the expense of the petitioner for a period of one month.
Post on 21.01.2025.
Sd/-
C.S.DIAS
SCB.20.12.24 JUDGE
20-12-2024 /True Copy/ Assistant Registrar
WP(C) No.40273/2024 4/4
APPENDIX OF WP(C) 40273/2024
Exhibit P4 TRUE COPY OF RENEWED NOC BEARING
NO.KSPCB/KS/ICO/10082167/2024 DATED 28-10-2024 OBTAINED FROM KERALA STATE POLLUTION CONTROL BOARD 20-12-2024 /True Copy/ Assistant Registrar