Kerala High Court
A.C.Sreedharan vs The S.I.Of Police on 1 July, 2014
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 21ST DAY OF JULY 2014/30TH ASHADHA, 1936
WP(C).No. 17493 of 2014 (J)
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PETITIONER(S):
1. A.C.SREEDHARAN,
AGED 53 YEARS,
S/O CHATHUNNI (LATE), ANALIPARAMBIL HOUSE,
CHEMBUCHIRA P.O, MATTATHUR VILLAGE, CHALAKKUDY TALUK,
THRISSUR DISTRICT -680 684.
2. MRS. REMA SREEDHARAN,
PROPRIETRESS, M/S A.C AGENCIES, ANALIPARAMBIL HOUSE,
CHEMBUCHIRA P.O., MATTATHUR VILLAGE, CHALAKKUDY TALUK,
THRISSUR DISTRICT -680684.
BY ADVS.SRI.M.G.KARTHIKEYAN
SRI.NIREESH MATHEW.
RESPONDENT(S):
1. THE S.I.OF POLICE,
VELLIKULANGARA POLICE STATION,
THRISSUR DISTRICT-680124.
2. THE CIRCLE INSPECTOR OF POLICE,
KODAKARA, THRISSUR DISTRICT-680 684.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
CHALAKKUDY, THRISSUR DISTRICT-680307.
4. THE SUPERINTENDENT OF POLICE (RURAL),
THRISSUR-680001.
5. THE DIRECTOR GENERAL OF POLICE (LAW & ORDER),
POLICE HEAD QUARTERS, THIRUVANATHAPURAM-695001.
6. THE STATE OF KERALA,
REPRESENTED BY SECRETARY (HOME AFFAIRS),
GOVT. SECRETARIAT, THIRUVANANTHAPRUAM-695001.
7. PRIYESH PAREMEKKADAN,
CHEMBUCHIRA P.O, MATTATHUR VILLAGE, CHALAKKUDY TALUK,
THRISSUR DISTRICT-680307.
8. SIVAN,
JNATTUVATTI HOUSE, CHMBUCHIRA P.O, MATTATHUR VILLAGE,
CHALAKKUDY TLAUK, THRISSUR DISTRICT-680307.
9. SUNIL KUMAR,
KIZHAKKATHAYYIL HOUSE, VECHOOCHIRA P.O.,
MATTATHUR VILLAGE, CHALAKKUDY TALUK, THRISSUR DISTRICT-680307.
R7,R8,R9 BY ADV. SRI.K.S.BHARATHAN &
BY GOVERNMENT PLEADER SRI.PADMARAJ.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21-07-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rvs/
WP(C).No. 17493 of 2014 (J)
APPENDIX
PETITIONER(S)' EXHIBITS :
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EXHIBIT P1 PHOTOCOPY OF THE BUILDING PERMIT NO A1 3539/14 DATED
01-07-2014 ISSUED BY THE MATTATHUR GRAMA PANCHAYATH.
EXHIBIT P1(A) ENGLISH TRANSLATION OF EXT P1.
EXHIBIT P2 PHOTOCOPY OF THE ACKNOWLEDGMENT DATED 11-03-2014 ISSUED BY
THE DEPARTMENT OF INDUSTRIES, THRISSUR.
EXHIBIT P3 PHOTOCOPY OF THE CERTIFICATE DATED 03-06-2014 ISSUED BY THE
POLLUTION CONTROL BOARD.
EXHIBIT P4 PHOTOCOPY OF THE LETTER DATED 09-04-2014 ISSUED BY THE
DISTRICT MEDICAL OFFICER TO THE CONVENER, DISTRICT INDUSTRIES
CENTRE, THRISSUR.
EXHIBIT P5 PHOTOCOPY OF THE NO OBJECTION CERTIFICATE DATED 22-04-2014
ISSUED BY THE FIRE & RESCUE SERVICE, THRISSUR.
EXHIBIT P5(A) ENGLISH TRANSLATION OF EXT P5.
EXHIBIT P6 PHOTOCOPY OF THE LETTER DATED 02-09-2013 ISSUED BY THE STATE
BANK OF TRAVANCORE, KODALY BRANCH.
EXHIBIT P7 PHOTOCOPY OF THE PETITION DATED 06-07-2014 SUBMITTED BEFORE
THE RESPONDENTS 1-6 WITHOUT ANNEXURES.
RESPONDENT(S)' EXHIBITS:
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NIL.
/true copy/
P.A.TO JUDGE
rvs/
ASHOK BHUSHAN &
A.M.SHAFFIQUE, JJ.
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W.P.(C) No.17493 of 2014
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Dated this the 21st July, 2014
JUDGMENT
Ashok Bhushan, J.
Heard learned counsel appearing for the respondents 7 to 9 and learned Government Pleader.
2. By this writ petition, the petitioner prayed for a direction to respondents 1 to 6 to give necessary police protection for the petitioners for constructing and conducting a unit as per request in Ext.P7. Petitioners' case in the writ petition is that the petitioners, for establishing a unit to manufacture the footwear, have obtained all necessary permissions and have invested huge amount after taking financial assistance from a bank as per Ext.P6. It is stated that as per the sanction by the Industries Department as a green category, the restriction with regard to distance between a residential house and the unit is 7 meters. It is alleged that the respondents 7 to 9 are creating obstruction to the construction being carried on.
3. A counter affidavit has been filed by the respondents 7 to 9 where it has been stated that Ext.P3 has been wrongfully issued W.P.C.No.17493 OF 2013 2 classifying the category as green. It has been further submitted that a civil suit has already been filed by the private respondents before the civil court where orders are awaited.
4. Learned Government Pleader does not dispute that petitioners have been granted all necessary permission for establishing the unit.
5. In the facts circumstances of the case when at present there are no orders of civil court or any competent authority in stopping the petitioner from carrying on the construction, we see no reason as to why the petitioners' unit is not protected by police authorities.
It is directed that appropriate measures shall be taken by the respondents 1 to 4 to ensure that no undue interference is caused in the construction and running of the unit which, however, shall be subject to any orders passed by any competent court or any authority.
Writ petition is disposed of with the above directions.
Sd/-
ASHOK BHUSHAN, JUDGE Sd/-
A.M.SHAFFIQUE, JUDGE
sd
// TRUE COPY // P.A. TO JUDGE