Abdu Rahman Parammal vs The Sub Inspector Of Police
2021 Latest Caselaw 16242 Ker

WP(C) NO. 14163 OF 2021            1


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                     WP(C) NO. 14163 OF 2021
PETITIONER/S:

            ABDUL RAHMAN PARAMMAL,
            AGED 31 YEARS,
            S/O. MUHAMMED KUTTY, PARAMMEL, NJARATHADA,
            PUTHUPPARAMBA P. O. - 676 650, MALAPPURAM
            DISTRICT.

            BY ADVS.
            M.SASINDRAN
            JOMY K. JOSE



RESPONDENT/S:

     1      THE SUB INSPECTOR OF POLICE
            KOLATHUR, MALAPPURAM DISTRICT, PIN - 679 338.

     2      THE CIRCLE INSPECTOR OF POLICE,
            KOLATHUR, MALAPPURAM DISTRICT, PIN - 679 338.

     3      THE SUPERINTENDENT OF POLICE, MALAPPURAM
            UP HILL, MALAPPURAM P. O., MALAPPURAM DISTRICT,
            PIN - 676 505.

            SRI E C BINEESH, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   04.08.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 14163 OF 2021               2




                         JUDGMENT

The petitioner states that he is the managing partner of 'Solo

Industries' an establishment situated in Moorkkanad Grama Panchayath in

Malappuram District. He is engaged in the processing of chicken waste and

production of animal protein powder. He contends that the operation of

the establishment was started after obtaining all necessary licences and

permits. Reference is made to Ext.P1 factory licence granted by the

Department of Factories and Boilers, Ext.P2 licence issued by the local

authority, Ext.P3 acknowledgement certificate issued by the General

Manager, District Industries Centre, Ext.P4 ownership certificate issued by

the local authority and Ext.P5 consent to operate issued by the Pollution

Control Board. However, his grievance is that some unidentified persons

are causing serious disruption in the running of the business. In the said

circumstances, Ext.P6 complaint was lodged before the police seeking

initiation of action but no action was taken. It is in the afore circumstances

the petitioner is before this Court seeking directions to the respondents to

take appropriate action on the complaints lodged so as to enable the

petitioner to carry on the functioning of the establishment in a smooth,

efficient and productive manner.

2. The learned Government Pleader on instructions submits that no

specific individual has been arrayed as respondents in the writ petition. A

detailed enquiry was conducted by the police and it was found that the

establishment is functioning without any obstruction. It is further

submitted that since the petitioner has all valid licences and permits if any

obstruction is caused by any individuals, the petitioner may approach the

police and lodge a complaint and swift action shall be taken.

3. I have considered the submissions advanced.

4. As rightly submitted by the learned Government Pleader, no

individual has been named in the writ petition. However, the records

reveal that the petitioner is operating the unit after obtaining all valid

licences and permits. In that view of the matter, necessary directions can

be issued.

5. This writ petition is accordingly disposed of directing the

petitioner to approach the 2nd respondent if any obstruction is caused or

any threats are made by any individual/group to the smooth functioning of

M/s.Solo Industries within the limits of Moorkkanadu Grama Panchayat. If

such a complaint is lodged, the 2nd respondent shall ascertain the

genuineness of the allegations and take appropriate action.

SD/-

RAJA VIJAYARAGHAVAN sru JUDGE

APPENDIX OF WP(C) 14163/2021

PETITIONER(S) EXHIBITS:

Exhibit P1 A TRUE COPY OF THE FACTORY LICENSE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS DATED 21.01.2020.

Exhibit P2 A TRUE COPY OF THE LICENSE ISSUED BY THE MOORKKANAD GRAMA PANCHAYATH ISSUED VIDE NO.A7-1584/2021-22 DATED 22.02.2021.

Exhibit P3 A TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE ISSUED BY THE DEPARTMENT OF INDUSTRIES AND COMMERCE, GOVERNMENT OF KERALA UNDER THE KERALA MICRO SMALL MEDIUM ENTERPRISES FACILITISATION ACT 2019.

Exhibit P4 A TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY THE MOORKKANAD GRAMA PANCHAYATH.

Exhibit P5 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 21.07.2020.

Exhibit P6 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 23.06.2021.

Exhibit P7 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 23.06.2021.

Exhibit P7(a) A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23.06.2021.

Exhibit P8 A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 26.06.2021.

RESPONDENT(S) EXHIBITS: NIL