Kerala High Court
Corporation Of Cochin vs Sub Inspector Of Police on 18 December, 2018
Author: P.R. Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
TUESDAY ,THE 18TH DAY OF DECEMBER 2018 / 27TH AGRAHAYANA,
1940
WP(C).No. 41056 of 2018
PETITIONER:
CORPORATION OF COCHIN
REPRESENTED BY ITS SECRETARY, OFFICE OF THE
COCHIN CORPORATION, ERNAKULAM.
BY ADVS.
SRI.BABU KARUKAPADATH,SC,COCHIN CORPORA
SMT.V.R.LAKSHMI
RESPONDENTS:
1 SUB INSPECTOR OF POLICE
INFOPARK POLICE STATION, ERNAKULAM DISTRICT-
682303.
2 CIRCLE INSPECTOR OF POLICE,
THRIPOONITHURA POLICE STATION, THRIPOONITHURA,
ERNAKULAM DISTRICT-682306.
3 COMMISSIONER OF POLICE,
KOCHI CITY POLICE, ERNAKULAM-682005.
BY SR.GOVERNMENT PLEADER SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.12.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 41056 of 2018
2
J U D G M E N T
P.R. Ramachandra Menon, J:
The petitioner is the Corporation of Cochin. The grievance is with regard to the apprehended high handed action on the part of the local residents at Brahmapuram, where the Waste Management Plant is located in a property having an extent of 110 Acres owned by the Corporation.
2. The learned Standing Counsel for the petitioner/Corporation points out that alleging some lapse on the part of the Corporation, an order has already been passed by the National Green Tribunal, mulcting a cost of Rs.one crore upon the Corporation in connection with the delay in establishing the proper solid Waste Management Plant. It is also pointed out that the said order has been interdicted by this Court WP(C).No. 41056 of 2018 3 in W.P.(C)36204 of 2018. An inspection is scheduled to be conducted on 19.12.2018 by the Regional Monitoring Committee appointed by the National Green Tribunal. It is to ensure safety of all concerned, that the petitioner has moved the police and has also approached this Court by way of this writ petition.
3. The learned Sr.Government Pleader submits, as per the instructions received, that based on the representation received from the petitioner, the Station House Officer, Info Park Police Station, Kakkanad has made all necessary arrangements to deploy sufficient number of police officers to guard the field and to facilitate the inspection in a smooth and peaceful atmosphere. The learned Sr.Government Pleader submits that adequate and effective protection will be provided to all concerned in connection with the visit scheduled to be held on 19.12.2018. The said submission is recorded. No further orders are necessary.
4. The entry to the premises shall be strictly WP(C).No. 41056 of 2018 4 restricted as per the instructions to be given by the Committee who conducts the Inspection. Writ petition is disposed of.
Sd/- P.R.RAMACHANDRA MENON,
JUDGE.
Sd/- N. ANIL KUMAR,
JUDGE.
WP(C).No. 41056 of 2018
5
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE COMMON ORDER DATED
22.10.2018 ISSUED BY THE HON'BLE GREEN TRIBUNAL IN O.A.NO.533/2018, O.A.NO.534/2018 AND O.A.NO.535/2018. EXHIBIT P2 A TRUE COPY OF THE GOVERNMENT ORDER DATED 6.12.2018.
EXHIBIT P3 A TRUE COPY OF THE PETITION DATED 15.12.2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 20.9.2016 IN W.P.(C)NO.30699/2016 GRANTING POLICE PROTECTION BY THIS HON'BLE COURT.
/true copy/ P.S. TO JUDGE.
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