Syja P.L vs State Of Kerala
2021 Latest Caselaw 16415 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                      WP(C) NO. 5173 OF 2020
PETITIONER:

            SYJA P.L.,
            AGED 44 YEARS
            W/O.JAVERT G.AKKAAYA, AKKAKRA HOUSE, PLOT NO.101,
            HILLGARDENS, KUTTANNELLUR P.O., THRISSUR-680014.
            BY ADVS.
            M.R.JAYALATHA
            SRI.JOBY JOSEPH (THRISSUR)
RESPONDENTS:

    1       STATE OF KERALA,
            REP. BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
    2       CITY POLICE COMMISSIONER,
            THRISSUR, AYYANTHOLE P.O., THRISSUR DISTRICT-
            680001.
    3       ASSISTANT COMMISSIONER OF POLICE,
            GURUVAYOOR, GURUVAYOOR P.O., THRISSUR DISTRICT-
            680001.
    4       INSPECTOR OF POLICE,
            KUNNAMKULAM POLICE STATION, KUNNAMKULAM P.O.,
            THRISSUR-680503.
    5       THE SUB INSPECTOR OF POLICE,
            KUNNAMKULAM POLICE STATION, KUNNAMKULAM P.O.,
            THRISSUR-680503.
    6       MOHAN,
            S/O.JOSEPH, CHERUVATHUR HOUSE, KADAVALOOR P.O.,
            THRISSUR DISTRICT-680543.
            BY ADVS.
            SRI.ARUN SAMUEL
            SMT.DEEPA K.RADHAKRISHNAN
OTHER PRESENT:

            SMT.REKHA.C.NAIR, SR.GP
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME   UP    FOR
ADMISSION     ON   05.08.2021,    THE     COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.5173/2020

                                           2


                    P.V.KUNHIKRISHNAN, J.
                      -------------------------------
                     W.P.(C).No.5173 of 2020
              ----------------------------------------------
            Dated this the 05th day of August, 2021


                                  JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 to 5 to grant adequate police protection to the life of the petitioner and her employees to do the LPG distributionship on the basis of Ext.P1 to P6 statutory licences / permits and without any threat/obstruction from the 6 th respondent and his men.

ii. issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 to 5 to restrain the 6 th respondent and his men from causing any threat obstruction to the life of the petitioner and her employees engaged by her in the LPG distribution center under the name and style "Akkara HP Gas Godown".

iii. pass such other orders as this Hon'ble Court deems, fit, proper and necessary in the circumstances of the case.

W.P.(C).No.5173/2020

2. When this writ petition came up for consideration

before this Court on 24.02.2020, this Court passed the

following order:

"Notice by special messenger to the 6 th respondent. Govt. Pleader takes notice for other respondents. The Police shall accord necessary police protection to the life of the petitioner and for running the LPG distribution centre and also from any obstruction being caused by the 6th respondent."

3. Grievance of the petitioner is that there is

obstruction from the 6th respondent for the smooth functioning

of an LPG distribution centre conducted by the petitioner. The

counsel for the petitioner submitted that the interim order

passed by this Court on 24.02.2020 may be retained and the

writ petition may be disposed.

4. The Government Pleader submitted if there is any

law and order issue, the Police will do the needful, in

accordance to law.

5. After hearing both sides, I think this writ petition

can be disposed, retaining the interim order and giving

further direction to the Police to see that there is no law and

order problem.

W.P.(C).No.5173/2020

Therefore, this writ petition is disposed, retaining the

interim order dated 24.02.2020, with following further

directions:

1. If there is any law and order problem or

obstruction from the 6th respondent, the

petitioner is free to approach the Station

House Officer concerned with a

representation/ complaint, along with

necessary licence and permits from all

statutory authorities for conducting LPG

distribution centre.

2. If such a complaint is received, the Station

House Officer will do the needful in

accordance to law, in the light of the interim

order dated 24.02.2020.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.5173/2020

APPENDIX OF WP(C) 5173/2020

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF THE REGISTERED LEASE DEED DATED 21.08.2018 NO.1196/1/18.

EXHIBIT P2 A TRUE COPY OF THE LETTER OF INTENT DATED 11.09.2018 ISSUED BY THE HINDUSTAN PETROLEUM CORPORATION LTD. EXHIBIT P3 A TRUE COPY OF THE GENERAL BUILDING PERMIT DATED 24.11.2018 ISSUED BY KADAVALLUR GRAMA PANCHAYAT.

EXHIBIT P4 A TRUE COPY OF THE LICENSE ISSUED BY KADAVALLUR GRAMA PANCHAYAT DATED 01.04.2019.

EXHIBIT P5 A TRUE COPY OF THE LICENCE ISSUED BY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES DATED 05.03.2019.

EXHIBIT P6 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY KERALA STATE POLLUTION CONTROL BOARD DATED 26.10.2018.

EXHIBIT P7 A TRUE COPY OF THE COMPLAINT DATED 03.01.2020.

EXHIBIT P8 A TRUE COPY OF THE RELEVANT PAGES OF PLAINT DATED 10.01.2020.

EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 03.02.2020.

EXHIBIT P10 A TRUE COPY OF THE RECEIPT DATED 03.02.2020 ISSUED BY KUNNAMKULAM POLICE STATION.

EXHIBIT P11 A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF DISTRICT POLICE CHIEF, THRISSUR CITY DATED 03.02.2020.