Arjun B.G vs District Police Chief Kollam

Kerala High Court

Arjun B.G vs District Police Chief Kollam on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 23477 OF 2023
PETITIONER:

            ARJUN B.G., AGED 28 YEARS
            S/O BHASKARAN, ANUGRAHAM, KAMBALAKKAD P.O,
            KARIMBETTA, WAYANAD, PIN - 673122

            BY ADV JOMY K. JOSE



RESPONDENTS:

   * 1      DISTRICT POLICE CHIEF KOLLAM
            LINK ROAD, ASRAMAM, KOLLAM, PIN - 691001

            corrected as : DISTRICT POLICE CHIEF KOLLAM (RURAL),
            T.B.JUNCTION, KOTTARAKKARA, KERALA - 691506)

            (address corrected as per order dated 13.09.2023 in IA
            2/2023.)

    2       THE STATION HOUSE OFFICER
            POOYAPPALLY POLICE STATION, POOYAPPALLY P.O, KOLLAM,
            PIN - 691537

    3       ENVIRONMENTAL ENGINEER KOLLAM
            KERALA STATE POLLUTION CONTROL BOARD, USHUS BUILDING,
            BIG BAZAR KOLLAM, KOLLAM, PIN - 691001

    4       DISTRICT LEVEL FACILITATION AND MONITORING COMMITTEE,
            KOLLAM, REPRESENTED BY ITS CHAIRMAN, COLLECTORATE,
            CIVIL STATION ROAD, KOLLAM, PIN - 691013

    5       GEORGE KOVOOR, KOVOOR ESTATE, MULAYIRACHAAL,
            CHERIYAVELINELLOOR P.O, KOLLAM, PIN - 691516

    6       CHENGOOR SURESH, KKP HOUSE,
            MANDALAM PRESIDENT, INDIAN NATIONAL CONGRESS, CHENGOOR,
            CHERUVAKKAL P.O, KOLLAM, PIN - 691533

    7       ADV. M. ANSAR
            ANEESH COTTAGE, OYOOR, OYOOR P.O, KOLLAM, PIN - 691510
 WP(C) NO. 23477 OF 2023
                                        2


     8       YUSUF PLAMUTTAM, PRESIDENT, WELFARE PARTY,
             VATTAPARA, CHERIYAVELINELLOOR P.O, KOLLAM, PIN -
             691516

     9       STATE POLICE CHIEF, POLICE HEADQUARTERS,
             THIRUVANANTHAPURAM - 695014

     10      DEPUTY SUPERINTENDENT OF POLICE KOTTARAKKARA
             KOLLAM DISTRICT - 691506

            ALEXANDER JOSEPH
            CHANDRASEKHAR P
            JENNY THANKAM(J-541)
            C.RAMAN(K/1133/1995)
            ANOOP KRISHNAN E.R(K/1276/2018)
            ANAND SANKAR(K/000657/2018)
            REGIMOL M.K.(K/213/2018)
            AKHILASREE BHASKARAN(K/001344/2016)
            ANTONY NIKHIL REMELO(K/001065/2022)

             SMT.REKHA C.NAIR, SENIOR G.P.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.05.2024,     THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 23477 OF 2023
                                 3


                             JUDGMENT

When this matter was called today, learned counsel for the petitioner - Sri.Jomy K.Jose, conceded that pending this lis, the licence earlier obtained by his client has expired. He submitted that his client has, in fact, filed W.P.(C) No.17328/2024 in such regard and requested that either this writ petition be heard along with it, or that it be closed with liberty for his client to approach this Court again, depending upon the decision in the said writ petition.

2. I have no doubt that when the petitioner himself admits that he does not have licence to run the business as of now, an application for protection cannot be directed to be considered by the Police.

3. In the afore circumstances, I close this writ petition; however, leaving full liberty to the petitioner to approach this Court again to seek reliefs, including those sought herein, subject to obtaining all necessary licences to run the business.

Needless to say, all rival contentions impelled in this writ petition are left open.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 23477 OF 2023 4 APPENDIX OF WP(C) 23477/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD VIDE CONSENT NUMBER KSPCB/KL/ICO/10009408/2022 ISSUED ON 22-09- 2022 Exhibit P2 A TRUE COPY OF THE LICENCE ISSUED BY VELINELLUR GRAMA PANCHAYAT KOLLAM DATED 08- 05-2023 ISSUED VIDE NUMBER 117/2023/2619 Exhibit P3 A TRUE COPY OF THE PERMISSION ISSUED BY THE DISTRICT LEVEL FACILITATION AND MONITORING COMMITTEE KOLLAM DISTRICT DATED 03-01-2023 BY ORDER NUMBER DSM/KLM/TC/DLFMC-01/2022-23 Exhibit P4 A TRUE COPY OF THE LICENCE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS DATED 09- 01-2023 VIDE REGISTRATION NUMBER D03/KUR/11/522/2023 Exhibit P5 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER DATED 16-07-2023 Exhibit P6 A TRUE COPY OF THE RECEIPT OF COMPLAINT DATED 17-07-2023 Exhibit P7 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.

17662 OF 2021 DATED 26-10-2021 RESPONDENT EXHIBITS Exhibit R5(A) True copy of the Application dated 16/12/2022 Exhibit R5(B) True copy of the Judgment dated 30/01/2023 in WP(C) No 2786/2023 of this Hon'ble Court Exhibit R5(C) True copy of the Notice dated 01/07/2023 issued by the Taluk Land Board , Kollam Exhibit R5(D) True copy of the minutes of the hearing dated 14/07/2023 of the Taluk Land Board, Kollam Exhibit R5(E) True copy of the order dated 14/07/2023 of the Taluk Land Board, Kollam WP(C) NO. 23477 OF 2023 5 Exhibit-R8(a) True copy of the order dated 21-12-2021 in W.P.(c) 24649/2021 Exhibit-R8(b) True copy of the minutes dated 4-09-2023 in the D.L.F.M.C. Meating convened by by the district collector kollam PETITIONER EXHIBITS Exhibit P8 A true copy of the judgment in W.P.(C) No. 40514/2022 dated 16-01-2023 Exhibit P9 A true copy of the judgment in W.A.No. 763/2023 dated 12-04-2023 Exhibit P10 A true copy of the interim order in W.P.(C) No. 29741/2023 dated 11-09-2023 Exhibit P11 A true copy of the order dated 13-09-2023 in W.P.(C) No. 29741/2023 Exhibit P12 A true copy of the Fir in Crime No. 1239/2023 of Pooyappally Police Station, Kollam district dated 28-08-2023 Exhibit P13 A true copy of the FIR in Crime No. 1198/2023 of Pooyappally Police Station, Kollam district dated 21-08-2023