Kerala High Court
Geetha vs District Police Chief (Rural) on 5 August, 2021
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. 18980 OF 2020
PETITIONER:
GEETHA
AGED 41 YEARS
W/O. KANAKARAJAN, RESIDNG AT GEETHA, KULATHOOR,
NEYYATINKARA, THIRUVANANTHAPURAM-695 066
BY ADV. ARUN BABU
RESPONDENTS:
1 DISTRICT POLICE CHIEF (RURAL)
OFFICE OF THE DISTRICT POLICE CHIEF, PALAYAM,
THIRUVANANTHAPURAM-695 033
2 CIRCLE INSPECTOR OF POLICE,
POZHIYOOR POLICE STATION, POZHIYOOR,
THIRUVANANTHAPURAM-695 513
3 BIJU @ MANOHARAN,
S/.O, PAGYANATHAN, PARAYANVILA VEEDU, KULATHOOR
VILLAGE, UZHAKKADA P.O.,THIRUVANANTHAPURAM-695 506
4 BRIGHT
S/O. SATHYANESHAN NADAR,PARAYANVILA VEEDU, KULATHOOR
VILLAGE, UZHAKKADA P.O.,THIRUVANANTHAPURAM-695 506
5 ADDL.R5.KULATHOOR GRAMA PANCHAYATH
KULATHOOR, UCHAKADA P.O.,
THIRUVANANTHAPURAM - 695 506,
REPRESENTED BY ITS SECRETARY.
IS IMPLEADED AS PER ORDER DATED 18/11/2020 IN
I.A.No.1/2020 IN WP(C)NO.18980/2020.
BY ADVS.
SRI.S.JUSTUS
WP(C) NO.18980/2020
2
SMT.I.VINAYAKUMARI, SC, KULATHOOR GRAMA
PANCHAYAT
SMT.REKHA C. NAIR, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.18980/2020
3
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)No.18980 of 2020
--------------------------------
Dated this the 5th day of August 2021
JUDGMENT
The above Writ petition is filed with
following prayers:
"i) Issue a writ of mandamus or
any other appropriate writ, order or
direction , directing respondents 1 to 2
to grant effective and adequate police
protection to the petitioner and the
vehicles coming to the premises-Kiran
Interlock Bricks-from any threat or
obstruction being caused by the party
respondents, their men or agents.
ii) Grant such other reliefs as
this Hon'ble Court deems fit and proper,
in the interest of justice."
2. The short facts are like this:
The petitioner is doing a business in bricks
manufacturing and the name of the unit is "Kiran
Interlock bricks". According to the petitioner
there is obstruction from respondents 3 and 4 for
the smooth functioning of the petitioner's unit.
WP(C) NO.18980/2020
3. When this writ petition came up for
consideration on 15.09.2020 this Court issued
notice before admission to the respondents.
Thereafter, when this matter came up for
consideration on 27.10.2020, the petitioner was
directed to implead the Secretary of the
Kulathoor Grama Panchayat and the Panchayat is
already impleaded. Thereafter the matter came up
for consideration on 18.11.2020, on which date
this Court passed the following order:
"W.P.(C).No.18980 of 2020
I have heard Sri. Arun Babu, the
learned counsel appearing for the
petitioner, Smt.I.Vinayakumari, the learned
Standing Counsel appearing for the
additional 5th respondent, the learned
counsel appearing for the party respondents
and the learned Government Pleader.
2. `Pursuant to the counter filed by
party respondents, the petitioner herein
has produced copies of the licence issued
to her by the Panchayat, the Consent to
operate issued by the Pollution Control
Board and also the Mineral Transit Pass
issued to the establishment run by the
petitioner by the Assistant Geologist.
These records reveal that the petitioner is
running the interlock brick manufacturing
unit armed with all permits and licences.
The grievance of the party respondents, as
WP(C) NO.18980/2020
well as the Panchayat, appears to be that
the petitioner has been transporting the
raw materials in very heavy vehicles of
over 15 tonnes capacity, thereby damaging
the narrow roads within the limits of the
Panchayat.
3. Pending further consideration of
the matter, I direct the petitioner herein
to transport raw materials only in lorries
having a maximum load capacity of less than
6 tonnes. The respondent No.2 shall ensure
that the petitioner does not transport
materials in vehicles having excess
capacity. If the petitioner sticks to the
above directions, the 2nd respondent shall
ensure that no interference is caused by
the party respondents to the running of the
business by the petitioner herein and also
that they do not obstruct transportation of
materials to the establishment."
4. The learned counsel for the petitioner
submitted that, as per the interim order this
Court allowed the petitioner to transport raw
materials only in lorries having a maximum load
capacity less than 6 tonnes. The learned counsel
for the petitioner take me through Ext.P9
information received by the petitioner from the
Panchayat. In answer No.7 in Ext.P9, it is
stated like this:
WP(C) NO.18980/2020
"7. G.O(P)No.59/2015/Tran dtd
TVM 29th Sep2015 പകകരര 6 മമറർ വരര
വമതത വരരന റററഡരകൾകക 10 ടൺ വരരയരള
വകഹനര ഓടടകകനള അനമതട ഉണണ ."
5. The learned counsel submitted that in the
light of the above information received from the
Panchayat, the petitioner may be allowed to
transport raw materials in vehicles with 10
tonnes capacity.
6. Heard the learned counsel for the
petitioner, the learned Standing counsel for the
Panchayat and the learned Government Pleader.
7. The learned counsel for the petitioner
reiterated his contentions in the writ petition.
The learned counsel for the Panchayat submitted
that the petitioner is running the business with
all necessary permit and the Panchayat has no
objection to allow the prayers in the writ
petition. The learned counsel also submitted
that, in the light of the Government Order
mentioned in Ext.P9, the petitioner can transport
WP(C) NO.18980/2020
raw materials in lorries having load capacity up
to 10 tonnes. The learned Government Pleader
submitted that if there is any law and order
problem, the Police will do the needful in
accordance to law.
8. Considering the entire facts and
circumstances of the case, I think the interim
order dated 18.11.2020 can be retained after
making certain modifications based on Ext.P9
information received from the local Panchayat.
Therefore, this writ petition is disposed
retaining the interim order dated 18.11.2020 with
following further directions:
(i) The petitioner can transport raw
materials in lorries having a maximum load
capacity of 10 tonnes also in the light of
Ext.P9.
(ii) If there is any law and order issue
in connection with the smooth functioning of the
petitioner's business, the petitioner is free to
approach the Station House Officer concerned with
WP(C) NO.18980/2020
a complaint/representation.
(iii) If such a complaint/representation
is received along with all the license and other
permits received to her from the statutory
authorities for the conduct of her business, the
Station House Officer will do the needful to see
that there is no law and order problem.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO.18980/2020
APPENDIX OF WP(C) 18980/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE DATED
20.07.2016 ISSUED BY THE DIRECTOR OF
INDUSTRIES AND COMMERCE
EXHIBIT P2 THE TRUE COPY OF THE MINERAL TRANSIT
PASS DATED 21.08.2020 ISSUED BY THE
ASSISTANT GEOLOGIST THIRUVANANTHAPURAM
EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT FILED
BEFORE THE 1ST RESPONDENT BY THE
PETITIONER
EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT FILED
BEFORE THE 2ND RESPONDENT BY THE
PETITIONER
EXHIBIT P5 TRUE COPY OF THE LICENSE DATED
22/10/2020 ISSUED BY THE KULATHOOR
PANCHYATH
EXHIBIT P6 THE TRUE COPY OF THE INTEGRATED CONSENT
TO OPERATE DATED 3/10/2020 ISSUED FROM
THE KERLAL STATE POLLUTION CONTROL
BOARD
EXHIBIT P7 THE MINERAL TRANSIT PASS DATED
21/08/2020 BEARING NO.150 ISSUED TO THE
PETITIONER'S ESTABLISHMENT
EXHIBIT P7(A) THE MINERAL TRANSIT PASS DATED
21/08/2020 BEARING NO.151 ISSUED TO THE
PETITIONER'S ESTABLISHMENT
EXHIBIT P7(B) THE MINERAL TRANSIT PASS DATED
21/08/2020 BEARING NO.155 ISSUED TO THE
PETITIONER'S ESTABLISHMENT
EXHIBIT P7(C) THE MINERAL TRANSIT PASS DATED
21/08/2020 BEARING NO 156 ISSUED TO THE
PETITIONER'S ESTABLISHMENT
WP(C) NO.18980/2020
EXHIBIT P8 THE TRUE COPY OF THE APPLICATION DATED
01/12/2020 SUBMITTED BY THE PETITIONER
BEFOER THE ADDITIONAL 5TH RESPONDENT
UNDER RTI ACT
EXHIBIT P9 THE TRUE COPY OF THE REPLY DATED
29/12/2020 ISSUED BY THE ADDITIONAL 5TH
RESPONDENT
RESPONDENTS EXHIBITS:
EXHIBIT R5(A) A TRUE COPY OF A LETTER OF STATEMENT OF
THE SECRETARY OF THE KULATHOOR GRAMA
PANCHAYATH, DATED 05.11.2020 TOWARDS
THE RENEWAL OF PETITIONER'S LICENSE.
EXHIBIT R5(B) A TRUE COPY OF THE RENEWAL LICENCE
APPLICATION SUBMITTED BY THE PETITIONER
BEFORE THE SECRETARY OF THE 5TH
RESPONDENT DATED 07.10.2020.
EXHIBIT R5(C) A TRUE COPY OF THE LETTER OF NOTES OF
THE 5TH ADDITIONAL RESPONDENT AND ALSO
OOF THE REPORT OF THE KULATHOOR WARD
CLERK TOWARDS TO RENEW THE LICENCE OF
THE PETITIONER.
EXHIBIT R5(D) A TRUE COPY OF THE LICENCE 22.10.2020
ISSUED TO THE PETITIONER BY THE
SECRETARY OF THE 5TH ADDITIONAL
RESPONDENT.
EXHIBIT R5(E) A TRUE COPY OF THE ENTERPRENEUR'S
MEMORANDUM FOR SETTING UP MICRO, SMALL
OR MEDIUM ENTERPRISES WAS ACKNOWLEDGED
BY AN OFFICER OF THE THIRUVANANTHAPURAM
DISTRICT INDUSTRIES CENTRE - W.E.F
03.03.2011 AS M/S - KIRAN CONSTRUCTION
BRICKS.
EXHIBIT R5(F) A TRUE COPY OF THE LICENCE
NO.A8/101/10-11 PROVIDED TO THE
PETITIONER DATED 03/02/2011(IE RENEWED
FROM 03/02/2011 TO 31/03/2011)
WP(C) NO.18980/2020
EXHIBIT R5(G) A TRUE COPY OF THE LICENCE
NO.B3/79/2011-12 ISSUED TO THE
PETITIONER DATED 22/09/2011(IE RENEWED
FROM 22/09/2011 TO 31/03/2012).
EXHIBIT R5(H) A TRUE COPY OF THE LICENCE
NO.B3/34/2012-13 ISSUED TO THE
PETITIONER DATED 03/05/2012 (RENEWED
FROM 03/05/2012 TO 31/03/2013).
EXHIBIT R5(I) A TRUE COPY OF THE LICENCE
NO.B3/37/2013 ISSUED TO THE PETITIONER
DATED 06/05/2013(RENEWED UP TO
30.10.2013).
EXHIBIT R5(J) A TRUE COPY OF THE LICENCE NO.58/14-15
ISSUED TO THE PETITIONER DATED
20/06/2014(IE RENEWED FOR 2014-15).
EXHIBIT R5(K) A TRUE COPY OF THE LICENCE NO.48/2015-
ISSUED TO THE PETITIONER DATED
19/05/2015(RENEWED FROM 01/04/2015 TO
31/03/2016).
//TRUE COPY//
PA TO JUDGE
