Kerala High Court
M/S.Kitex Garments Ltd vs The Superintendent Of Police
Author: S.Siri Jagan
Bench: S.Siri Jagan, K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
&
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 7TH DAY OF NOVEMBER 2013/16TH KARTHIKA, 1935
WP(C).No. 21782 of 2012 (W)
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PETITIONER(S):
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M/S.KITEX GARMENTS LTD.,
P.B.NO. 5, KIZHAKKAMBALAM, ALUVA-683 562,
ERNAKULAM DISTRICT,
REPRESENTED BY ITS MANAGING DIRECTOR, SABU M.JACOB.
BY SRI.O.V.RADHAKRISHNAN,SENIOR ADVOCATE
BY SRI.P.RAVINDRAN, SENIOR ADVOCATE
ADVS.SRI.BABU JOSEPH KURUVATHAZHA
SRI.T.K.BIJU (MANJINIKARA)
RESPONDENT(S):
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1. THE SUPERINTENDENT OF POLICE,
ALUVA RURAL, RURAL P.O., ERNAKULAM DISTRICT, PIN-683 101.
2. THE DEPUTY SUPERINTENDENT OF POLICE,
PERUMBAVOOR, PERUMBAVOOR P.O., ERNAKULAM DISTRICT
PIN-683 542.
3. THE CIRCLE INSPECTOR OF POLICE,
KUNNATHUNAD POLICE STATION, PATTIMATTOM P.O., ALUVA VIA,
ERNAKULAM DISTRICT, PIN-683 562.
4. THE SUB INSPECTOR OF POLICE,
KUNNATHUNAD POLICE STATION, PATTIMATTOM P.O.,
ALUVA-VIA, ERNAKULAM DISTRICT, PIN-683 562.
5. M.P.RAJAN, S/O. POULOSE, MECKAMKUNNEL HOUSE, VILANGU P.O.,
VILANGU KARA, KIZHAKKAMBALAM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT,PIN-683 561.
Kss ..2/-
..2....
WPC.NO.21782/2012 (W)
6. ALIAS KARIPRA, S/O. VARGHESE, KARIPRA HOUSE, POYYAKUNNAM,
KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN-683 562.
7. BABU SAITHALY,S/O. SAITHALY, THAILAN HOUSE, CHOORAKODE KARA,
PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN-683 562.
8. ABDULRAHIMAN, S/O. MUSTAFFA, PARAKUNNATHU HOUSE,
CHELAKULAM KARA,
PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN-683 554.
9. GEORGE P.M.,
S/O. MATHAI, PULICKAL HOUSE, VILANGU,
KIZHAKKAMBLAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN-683 561.
10. ABOOBAKER,
S/O. PAREED, KOPPARAMBIL HOUSE, CHELAKULAM KARA,
MALAYAPPILLY, PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN-683 561.
11. SIDDIQUE, S/O. PEERU, KOPPARAMBIL HOUSE, CHELAKULAM KARA,
MALAYAPPILLY, PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN-683 561.
12. PAREED, S/O. MAITHEENPILLA, KOPPARAMBIL HOUSE,
CHELAKULAM KARA, MALAYAPPILLY,PATTIMATTAM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN-683 561.
13. SHIHAB, S/O. PAREEKUTTY, KEEDETH HOUSE, CHELAKULAM KARA,
PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN-683 561.
14. MAKKAR, S/O. ALI, PANAKATTU HOUSE, VILANGU P.O.,
VILANGU KARA, PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN-683 561.
15. KUNJUMUHAMMED, S/O. ALI, PANAKATTU HOUSE, CHELAKULAM KARA,
MALAYAPPILLY, PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN-683 561.
Kss ..3/-
..3....
WPC.NO.21782/2012 (W)
16. PAREED, S/O. KUNJAYAMED, KOPPARAMBIL HOUSE,
CHELAKLAM KARA, PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN-683 561.
17. KERALA STATE POLLUTION CONTROL BOARD,
PATTOM, THIRUVANANTHAPURAM-695 004,
REP.BY ITS MEMBER SECRETARY.
R1 TO R4 BY ADDL. ADVOCATE GENERAL SRI.P.C.IYPE
BY GOVERNMENT PLEADER SRI. P.MOHAMMED SHAH
R5 TO R7 BY ADV. SMT.V.GEETHA POTTI
R8 & R9 BY ADV. SRI.P.SATHISAN
R10 TO R16 BY ADV. SRI.C.K.ANWAR
R17 BY ADV.SRI. M.AJAY, SC,
KERALA STATE POLLUTION CONTROL BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07-11-2013, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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WPC.NO.21782/2012 (W)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1- TRUE COPY OF THE PROCEEDING NO. PCB/RO-EKM/GEN-76/12
DATED 06-09-2012 OF THE CHIEF ENVIRONMENTAL ENGINEER OF THE 17TH
RESPONDENT.
EXHIBIT P2- TRUE COPY OF THE REPORT DATED 06-09-2012 SUBMIITED BY THE
LEARNED ADVOCATE COMMISSION IN WPC NO. 17840/2012.
EXHIBIT P3- TRUE COPY OF THE PETITION DATED 18-08-2012 SUBMIITED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P3(a)- TRUE COPY OF THE RECEIPT NO. 373/2012 DATED 18-08-2012
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4- TRUE PHOTOCOPYOF THE HAZARDOUS WASTE MANIFEST BEARING
SERIAL NO. 13612 ISSUED BY THE KERALA ENVIRO INFRASTRUCTURE LIMITED.
EXHIBIT P5- TRUE COPY OF THE REPRESENTATION DATED 01-09-2012 SUBMIITED
BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P5(a)-TRUE COPY OF THE RECEIPT NO. 391/2012 DATED 01-09-2012
ISSUED BY THE 4THY RESPONDENT.
EXHIBIT P6- TRUE COPY OF THE PETITION DATED 03-09-2012 SUBMIITED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P6(a)- TRUE COPY OF THE RECEIPT NO.397/2012 DATED 6/09/2012 ISSUED
BY THE 4TH RESPONDENT.
EXHIBIT P7- TRUE COPY OF THE PETITION DATED 03-09-2012 SUBMIITED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P7(a)-TRUE COPY OF THE RECEIPT NO. 396/2012 DATED 05-09-2012
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P8- TRUE COPY OF THE REPRESENTATION DATED 04-09-2012 SUBMIITED
BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P8(a)-TRUE COPY OF THE RECEIPT NO. 191/12 DATED 04-09-2012 ISSUED
BY THE 3RD RESPONDENT.
Kss ..2/-
..2.....
WPC.NO.21782/2012 (W)
EXHIBIT P9- TRUE COPY OF THE PETITION DATED 07-09-2012 SUBMIITED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P9(a)- TRUE COPY OF THE RECEIPT NO. 195/2012 DATED 07-09-2012
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P10- TRUE COPY OF THE COMPLAINT DATED 07-09-2012 FILED BY
MR. VELUMURUGAN K. BEFORE THE 4TH RESPONDENT.
EXHIBIT P11- TRUE COPY OF THE CRME NO. 817/2012 FILED BEFORE THE
LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY.
EXHIBIT P12-TRUE COPY OF THE REPRESENTATION DATED 15-09-2012 SUBMIITED
BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P12(a)- TRUE COPY OF THE RECEIPT NO. 421/2012 DATED 15-09-2012
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P13- TRUE COPY OF THE REPRESENTATION DATED 15-09-2012
SUBMIITED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P13(a)-TRUE COPYOF THE RECEIPT NO. 419/2012 DATED 15-09-2012
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P14- TRUE COPY OF THE FIR NO. 842/2012 REGISTERED BY THE 4TH
RESPONDENT.
EXHIBIT P15- TRUE PHOTOGRAPH EVIDENCING THE PARKING OF LOADED FIRE
WOOD LORRY IN THE PREMISES OF THE INDUSTRY.
EXHIBIT P15(a)-TRUE PHOTOGRAPH EVIDENCING THE DAMAGES CAUSED TO THE
PIPE LINE.
EXHIBIT P16- FEW PHOTOGRAPHS EVIDENCING THE TRENCH CREATED ON THE
SIDE OF THE PUBLIC ROAD, PREVENTING THE INGRESS AND EGRESS OF THE
VEHICLES OF THE INDUSTRY TO THE BOILER PLANT.
EXHIBIT P17- TRUE PHOTOGRAPHS EVIDENCING THE PRESENCE OF THE POLICE
FOR FILING THE TRENCHES CREATED ON THE PUBLIC ROAD LEADING TO THE
BOILER PLANT OF THE PETITIONER.
Kss ..3/-
...3....
WPC.NO.21782/2012 (W)
EXHIBIT P17(a)-TRUE PHOTOGRAPH EVIDENCING THE FURTHER CREATION OF
TRENCHES, AFTER THE FILING OF THE SAME AT THE INSTANCES OF THE POLICE.
EXHIBIT P18- TRUE COPY OF THE REPRESENTATION DATED 17-09-2012 FILED BY
THE PETITIONER BEFORE THE RESPONDENTS 1 TO 4.
EXHIBIT P19 & P20 - NOT IN THE FILE.
EXHIBIT P21- TRUE COPY OF THE LETTER DATED 26/04/2013 SUBMITTED BY MR.
RATHEESH R., DRIVER OF THE LORRY TO THE MANAGER OF THE PETITIONER
INDUSTRY.
EXHIBIT P22 - TRUE COPY OF THE REPRESENTATION DATED 26/04/2013
SUBMITTED BY THE MANAGER OF THE PETITIONER BEFORE THE 4TH
RESPONDENT.
RESPONDENTS' EXHIBITS:
R5(A): COPY OF THE ORDER IN WPC.NO.12826/12 DTD. 22/06/2012.
R5(B): COPY OF THE ORDER IN WPC.NO.17840/12 DTD. 21/08/2012.
R5(C): COPY OF THE REPORT OF POLLUTION CONTROL BOARD OFFICIAL
DTD. 27/07/2012.
R5(D): COPY OF THE REPORT OF POLLUTION CONTROL BOARD DTD.17/9/2012.
R5(E): COPY OF THE REPORT OF REVENUE DIVISIONAL OFFICIAL DTD.17/9/2012.
R5(F): COPY OF THE REPORT OF KIZHAKKAMBALAM PANCHAYATH DTD.17/9/2012.
R5(G): COPY OF THE FIRST INFORMATION REPORT DTD. 15/09/2012.
R8(A): COPY OF THE ORDER IN WPC.NO.12826/12 DTD.22/06/2012.
R8(B): COPY OF THE REPORT OF POLLUTION CONTROL BOARD OFFICIAL
DTD.27/07/2012.
R8(C): COPY OF THE REPORT OF POLLUTION CONTROL BOARD DTD.17/9/2012.
R8(D): COPY OF THE REPORT OF REVENUE DIVISIONAL OFFICIAL DTD.17/9/2012.
R8(E): COPY OF THE REPORT OF KIZHAKKAMBALAM PANCHAYATH DTD.17/9/2012.
R8(F): COPY OF THE FIRST INFORMATION REPORT DTD. 15/09/2012.
R8(G): COPY OF THE MINUTES OF THE MEETING DTD. 27/02/2013.
/TRUE COPY/
P.S.TOJUDGE
Kss
S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.
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W.P.(C).No. 21782 of 2012
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Dated this the 7th day of November, 2013
J U D G M E N T
S.Siri Jagan, J.:
The petitioner is a company registered under the Companies Act. They are engaged in the business of manufacturing ready-made garments and textiles. Their grievance in this writ petition is that the ingress and egress to their boiler plant is being blocked by digging pits on the entry point of the boiler plant from Thykavu-Choorakode Canal Bund road, which is a public road, by respondents 5 to 16 and their men. Although the petitioner filed a petition before respondents 1 to 4 to render police protection, the police did not oblige them.
That is why, the petitioner has filed this writ petition seeking the following reliefs:
"i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 4 to provide adequate, effective and sufficient police protection to the life of the employees, managerial persons and other persons of the petitioner company, free from the threat, danger, interferences, intimidation, coercion etc. on the part of the respondents 5 to 16 and henchmen.
ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 4 to w.p.c.21782/2012 - : 2 :-
afford adequate, effective and sufficient police protection, for ensuring the free ingress and egress to the boiler plant of the industry, free from the threat, danger, interferences, intimidation, coercion etc. on the part of the respondents 5 to 16 and their henchmen.
iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1to 4 to afford adequate, effective and sufficient police protection to the to and fro transportation of the goods and services of the petitioner, including the finished products for export to the Cochin Seaport and Airport, free from the threat, danger, interferences, intimidation, coercion etc. on the part of the respondents 5 to 16 and their henchmen.
iv. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 4 to consider and dispose of Ext.P18 representation, forthwith."
2. The learned counsel for respondents 8 and 9 submits that the issue regarding pollution coming out of the factory is now pending before the Green Tribunal and, therefore, this Court should not interfere in the meanwhile.
3. The 1st respondent has filed a statement stating thus:
"1. The Kitex Garments Ltd is a garments manufacturing company and its main factory is situated at Choorakkode near Kizhakkambalam within Kunnathunad police station limits. There exists dispute between the company and local inhabitants over the pollution of nearby ditches and PVIP canal allegedly due to the flowing of the untreated effluent water from the company containing hazardous chemical elements, and liquid containing human excreta, for over a long period. The local people formed an Action Council about one and half year back, demanding to take steps for urgent solution to the pollution. During their protests, there occurred some minor incidents of assault between company employees and Action Council members. The police have intervened timely and have taken proper action against the miscreants.
w.p.c.21782/2012 - : 3 :-
2. The following crimes were registered in the year 2013 which are having connection with the activities of the petitioner company.
Crime 328/13 u/s 294(b), 323 was registered on
04.05.2013; Crime 377/13 u/s 341, 323 r/w 34 IPC registered on 17.05.2013; Crime 378/13 u/s 143, 147, 341, 323, 427 r/w 149 IPC registered on 17.05.2013; Crime 534/13 u/s 188, 341, 506(1) IPC registered on 28.06.2013. The aforesaid crimes were registered on the allegation that the accused persons incepted and obstructed vehicles coming to the petitioner company. The investigation in the above crimes were completed and charge sheet filed.
3. Recently, Crime 909/13 under Section 143, 147, 341, 506(1), 294(b) r/w 149 IPC and Crime 910/13 u/s 341, 294(b) r/w 34 IPC were registered on 29.09.2013 at Kunnathunadu Police Station and Crime 914/13 u/s 143, 147, 341, 323, 294(b) and 506(1) IPC was registered on 30.09.2013. These crimes occurred in connection with the Onam Celebration organized by Kitex Company and the same do not have any direct bearing with the regular business activities of the petitioner company.
4. On 06.10.2013 Crime 944/13 u/s 341, 294(b), 323 r/w 34 IPC was registered against four persons identifiable by sight, on the complaint of one Jinu, who is an employee of the company. According to the complainant the accused persons obstructed, abused and slapped him on the cheek while he was returning from work from the company. The accused persons have not so far been identified.
5. This Honourable Court by the order dated 07.10.2013 had vacated the interim protection order granted to the petitioner company. Since then no untoward incidents has occurred to cause obstruction to the business activities of the petitioner company.
6. The recent untoward incidents which led to the registration of the crimes as aforesaid have not affected the smooth functioning of the company so far. The police is conducting regular beat through the Kizhakkambalam- Perumbavoor Road by the side of which is the premises of the petitioner company. If any untoward incident is reported or comes to the knowledge of the police otherwise, the police shall intervene to diffuse the situation. In this circumstance, it is submitted that it is not necessary to resume the police protection granted to the company."
w.p.c.21782/2012 - : 4 :-
In view of the statement, we are of opinion that all that is required is to record the statement of the 1st respondent and dispose of the writ petition. Accordingly, the statement filed by the 1st respondent, which is quoted above, is recorded and the writ petition is closed.
Sd/-
S.SIRI JAGAN, JUDGE Sd/-
sdk+ K.RAMAKRISHNAN, JUDGE
///True copy///
P.A. to Judge