Kerala High Court
Umarul Qayyoom Kh vs State Police Chief on 3 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:48261
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 20226 OF 2025
CRIME NO.405/2025 OF VIDYA NAGAR POLICE STATION, KASARAGOD
PETITIONER:
UMARUL QAYYOOM KH
AGED 34 YEARS
S/O MARIYAMBI, AL-HIND, MANYA,
ULLODY, BELA, KUMBLA,
KASARAGOD, PIN - 671321
BY ADVS.
SRI.R.ANAS MUHAMMED SHAMNAD
SRI.T.U.SUJITH KUMAR
SHRI.SALEEK.C.A.
SHRI.HAMDAN MANSOOR K.
RESPONDENTS:
1 STATE POLICE CHIEF
STATE POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695010
2 THE DISTRICT POLICE CHIEF
KASARAGOD DISTRICT,
OFFICE OF THE SUPERINTENDENT OF POLICE,
KASARAGOD, PIN - 671121
3 STATION HOUSE OFFICER
VIDYANAGAR POLICE STATION,
KASARAGOD DISTRICT, PIN - 671123
2025:KER:48261
W.P.(C) No.20226/2025
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4 ABDUL SALAM
BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
5 KABEER
PANNIPARA, BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
6 JABBAR
PANNIPARA BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
7 SHAMSEER
PANNIPARA BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
8 SIDDIQ
PANNIPARA, BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
9 SHAFI
PANNIPARA, BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
10 MAHIN
PANNIPARA, BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
BY ADVS.
SHRI.KALEESWARAM RAJ
KUM.THULASI K. RAJ
SMT.CHINNU MARIA ANTONY
SMT.APARNA NARAYAN MENON
SRI. DHEERAJ A.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 01.07.2025, THE COURT ON 03.07.2025 DELIVERED
THE FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) No.20226 of 2025
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Dated this the 3rd day of July, 2025
JUDGMENT
~~~~~~~~~ The petitioner states that he is a member of a Society actively engaged in charitable and philanthropic activities in Kasaragod. He is the Director who manages the day-today affairs of the "Abhayam Dialysis Centre" located at Vidya Nagar, Kasaragod.
2. The petitioner states that on 26.05.2025, respondents 4 to 10 trespassed into the premises of the Dialysis Centre managed by the petitioner, dragged the petitioner, beat him on his head, face and body and caused the loss of an upper molar tooth. The petitioner lodged a complaint which is registered as FIR No.405/2025 in the 2025:KER:48261 W.P.(C) No.20226/2025 :4: Vidya Nagar Police Station.
3. Respondents 4 to 10 have filed a writ petition in the High Court seeking to stop the functioning of the Dialysis Centre alleging environmental pollution. Though the complaint lodged by the petitioner was registered, the respondents continued to harass, intimidate and issued threats to the petitioner.
4. The petitioner conceded that there are allegations of pollution in the Dialysis Centre. The Dialysis Centre was run with a capacity of 100. In order to avert pollution, the petitioner has reduced the strength of Dialysis from 100 to 50 per day. Nevertheless, respondents 4 to 10 are causing obstruction to the functioning of the Dialysis Centre. Respondents 1 to 3, who are bound to give police protection to the petitioner and to the Dialysis Centre, are remaining as mute spectators.
5. When this writ petition came up for admission on 30.05.2025, this Court passed an interim order 2025:KER:48261 W.P.(C) No.20226/2025 :5: directing the 3rd respondent to give adequate protection for the peaceful functioning of the Dialysis Centre. Respondents 4 to 10 thereupon entered appearance and filed an application to vacate the interim order.
6. Respondents 4 to 10 submitted that the Chengala FHC Medical Officer conducted an inspection and gave Ext.R4(e) report to the District Medical Officer, Kanhangad. Ext.R4(e) report established that there was heavy foul smell in the area, holes were found in the waste collection tank, soil and rain water have swept into the soak pit, the pipes attached to the waste water collection tank are in broken condition and that there is a risk of epidemic occurring in the area.
7. Ext.R4(f) notice was issued by the Department of Health to the petitioner directing the petitioner to ensure scientific treatment of waste water generated by the Dialysis Centre. The Environmental Engineer issued Ext.R4(g) letter directing the petitioner to clean the wells and 2025:KER:48261 W.P.(C) No.20226/2025 :6: dismantle the collection tank pit. Ext.R4(h) test report showed that the TVS levels of the tested water sample is 812.5 while the acceptable limit is 500.
8. The counsel for respondents 4 to 10 pointed out that the legality of conducting the Dialysis Centre of the petitioner is the subject matter of a PIL, W.P.(C) No.9865/2025, pending before a Division Bench of this Court. The Division Bench has been passing interim orders in the writ petition. While the matter is under consideration of a Division Bench of this Court and when there is gross pollution as per the reports of the statutory authorities, this Court should not grant a police protection order in favour of the petitioner enabling the petitioner to run the Dialysis Centre violating legal provisions, urged the counsel for respondents 4 to 10.
9. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 3 and the learned counsel appearing for 2025:KER:48261 W.P.(C) No.20226/2025 :7: respondents 4 to 10.
10. The petitioner is the Director of a Dialysis Centre functioning in Kasaragod. Respondents 4 to 10, who are local residents, are aggrieved by the functioning of the Dialysis Centre causing pollution in the area. Certain reports produced by respondents 4 to 10 would indicate existence of pollution consequent to the functioning of the Dialysis Centre of the petitioner. However, according to the petitioner, the Pollution Control Board has given certain direction to the petitioner for abating the pollution and the petitioner is running the Dialysis Centre strictly adhering to the directions of the Pollution Control Board. The legality of Dialysis Centre is a subject of matter pending consideration before a Division Bench of this Court.
11. The Division Bench has not passed any prohibitory interim or final orders requiring to stop functioning of the Dialysis Centre. Neither the Medical authorities nor the authorities under the Pollution Control Board nor the 2025:KER:48261 W.P.(C) No.20226/2025 :8: Local Self Government Institution concerned has passed any order requiring the petitioner to stop the functioning of the Dialysis Centre. Therefore, the petitioner will be within his rights to run the Dialysis Centre, adhering to the directions if any issued by the statutory authorities.
12. Respondents 4 to 10 do not have a right to physically obstruct the functioning of the Dialysis Centre or to assault the petitioner for running the Dialysis Centre. If respondents 4 to 10 have any grievance regarding the functioning of the Dialysis Centre, they have to approach the competent statutory authorities for averting the pollution or to stop the functioning of the Dialysis Centre.
The writ petition is therefore disposed of directing respondents 1 to 3 to provide adequate and effective police protection to the petitioner, his family members and the Abhayam Dialysis Centre from the threat, assault or harassment by respondents 4 to 10 or any persons acting under their behest. Needless to say, this 2025:KER:48261 W.P.(C) No.20226/2025 :9: order of police protection will be subject to any orders that may be passed by the Division Bench of this Court in W.P. (C) No.9865/2025 and any orders which may be passed by the competent statutory authorities concerned with the functioning of the Dialysis Centre.
Sd/-
N. NAGARESH, JUDGE aks/01.07.2025 2025:KER:48261 W.P.(C) No.20226/2025 : 10 : APPENDIX OF WP(C) 20226/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE FIR NO. 405/2025 AT THE VIDYANAGAR POLICE STATION Exhibit P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit R4(a) TRUE COPY OF THE REPORT THAT WAS FILED BY THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KASARGODE IN WP(C) NO.9865/2025 DATED 09.04.2025 Exhibit R4(b) TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WP(C) NO.9865 / 2025 DATED 10.04.2025 Exhibit R4(c) TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WP(C) NO.9865 / 2025 DATED 05.06.2025 Exhibit R4(d) TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN WP(C) NO.9865 / 2025 DATED 16.06.2025 RESPONDENT'S EXHIBITS Exhibit R4(e) TRUE COPY OF THE REPORT SUBMITTED BY THE CHENGALA FHC MEDICAL OFFICER TO THE DISTRICT MEDICAL OFFICER, KANHANGAD ALONG WITH ENGLISH TRANSLATION.
Exhibit R4(f) TRUE COPY OF THE NOTICE NO.2/25-26 ISSUED BY THE DEPARTMENT OF HEALTH TO THE PETITIONER ALONG WITH ENGLISH TRANSLATION.
Exhibit R4(g) TRUE COPY OF THE LETTER ISSUED BY THE
DISTRICT ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER DATED 27.05.2025.
Exhibit R4(h) TRUE COPY OF THE TEST REPORT NO.KWA/QA/R/05/580/J/82/139 DATED 29.05.2025.