Kerala High Court
Puthanpura Shifa Private Limited vs State Of Kerala on 7 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
CRL.MC NO. 2636 OF 2021
AGAINST THE ORDER/JUDGMENT IN MP 15/2019 OF SUB DIVISIONAL
MAGISTRATE, OTTAPPALAM, PALAKKAD
PETITIONER/S:
1 PUTHANPURA SHIFA PRIVATE LIMITED
388, KOTTAKUNNU, CHERPULASSERY P.O., PALAKKAD DISTRICT,
KERALA, PIN - 679 503 REPRESENTED BY ITS CHAIRMAN AND
MANAGING DIRECTOR, DR.ABDULLA KHALEEL.
2 NAFEESA UNNEEN
PUTHANPURA HOUSE, POOVATHANI, TALEKKOD POST, MALAPPURAM
DISTRICT, PIN - 679 322.
BY ADVS.
LAL K.JOSEPH
P.MURALEEDHARAN (THURAVOOR)
T.A.LUXY
SURESH SUKUMAR
ANZIL SALIM
CHACKO MATHEWS K.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA AT ERNAKULAM, KOCHI - 682 031.
2 THE SUB DIVISIONAL MAGISTRATE COURT
OTTAPALAM, PALAKKAD DISTRICT, PIN - 679 101.
3 THE DISTRICT DISASTER MANAGEMENT
KENATHU PARAMBU, KUNATHURMEDU, PALAKKAD, PIN - 678 013.
4 THE MUNICIPAL SECRETARY
CHERPULASSERY MUNICIPALITY, CHERPULASSERY, PALAKKAD,
PIN - 679 503.
5 THE STATION HOUSE OFFICER
CHERPULASSERY POLICE STATION, PERINTHALMANNA ROAD,
PERINTHALMANNA ROAD, PALAKKAD, CHERPULASSERY, PALAKKAD,
KERALA - 679 503.
CRL.MC NO. 2636 OF 2021
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6 THE VILLAGE OFFICER
CHERPULASSERY VILLAGE OFFICE, PERINTHALMANNA ROAD,
CHERPULASSERY, KERALA - 679 503.
7 THE GEOLOGIST
DISTRICT OFFICER OF THE DEPARTMENT, MINING AND
GEOLOGY, PALAKKADU, PIN - 678 014.
OTHER PRESENT:
SMT.M.K.PUSHPALATHA, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.MC NO. 2636 OF 2021
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ORDER
[Dated this the 7th day of July, 2021]
The petitioner has approached this Court seeking to quash
the impugned order of the Sub Divisional Magistrate, Ottappalam
made as per Annexure-A7. There are grounds that it is not
proper and not in compliance with the provisions of law and that
the order was passed solely based on the report of the Geologist
and that there is no evidence as contemplated under Section 138
Cr.PC has been recorded before passing a final order. The
learned counsel for the petitioner also relies on the decision of
the Kerala High Court in Annakody v. State of Kerala and Others
[2015(4) KLT 757] in support of his contention that an order
under Section 138 requires to be made after taking evidence as
in a summons case. A reading of Annexure-A7 would indicate
that there was no evidence recorded by the learned Magistrate.
CRL.MC NO. 2636 OF 2021
Therefore, he seeks to quash the proceedings. It is also
submitted that the petitioner has in accordance with the
directions given in Annexure-A7 complied with all the directions
and he has filed Annexure-A8 report before the SDM. But, no
subsequent action has been taken and therefore, the petitioner
submits that the non-use of JCB and other machinery to maintain
his agricultural and plantation would cause irreparable loss to
him, and that in case of a fire, it may not be possible for him to
extinguish that fire by means of machinery. Moreover, because of
non-use of machinery, he has to deploy manual labourers to clear
the undergrowth and that the wild undergrowth resulted in a fire
accident destroying his entire crops. The petitioner therefore
wants reconsideration of the order imposing restrictions on him
on use of machinery.
CRL.MC NO. 2636 OF 2021
2. After having heard the learned counsel for the
petitioner and the learned Public Prosecutor, I find that the
petitioner has already complied with the directions given in
Annexure-A7 as is explicit from Annexure-A8 and in Annexure-
A8 he has undertaken that he will not use JCB and other
machinery except with the requisite permission of the authorities
concerned.
3. In view of the fact that the petitioner has already
complied with the orders at Annexure-A7 and he is willing to
comply with further instructions also, it is appropriate that he
approaches the SDM with another application seeking a relaxation
in the order produced at Annexure-A7, for use of appropriate
machinery in case of emergency as may be specified. The SDM
shall, under such circumstances, go through Annexure-A8 and
CRL.MC NO. 2636 OF 2021
get a report as to whether the orders and directions as per
Annexure-A7 has been sufficiently complied with and whether
any redressal can be given to the petitioner in the matter of use
of machinery for the purpose of cultivation under certain
exceptional circumstances and pass appropriate orders as is
required in the petition that may be filed. All aggrieved parties
shall be impleaded in such petition that may be filed by the
petitioner before the SDM. The petition so filed by the petitioner
shall be disposed of as expeditiously as possible by the SDM, at
any rate, within a period of three months of filing of such
petition.
The Crl.MC is disposed of as above.
Sd/-
ASHOK MENON
JUDGE
jg
CRL.MC NO. 2636 OF 2021
APPENDIX OF CRL.MC 2636/2021
PETITIONER ANNEXURE
Appendix A1 TRUE COPY OF THE SALE DEED NO.3551/17 OF
S.R.O.CHERUPPULASSERY.
Appendix A1(A) TRUE COPY OF THE SALE DEED NO.3552/17 OF
S.R.O.CHERUPULASSERY.
Appendix A1(B) TRUE COPY F THE SALE DEED NO.2114/16 OF
S.R.O.CHERUPPULASSERY.
Appendix A1(C) TRUE COPY OF THE SALE DEED NO.2115/18 OF
S.R.O.CHERUPPULASSERY.
Appendix A2 TRUE COPY OF THE PROCEEDINGS DATED
21/4/2018 OF THE 3RD RESPONDENT.
Appendix A3 TRUE COPY OF THE STOP MEMO DATED
30/11/2018 BY THE 4TH RESPONDENT.
Appendix A4 TRUE COPY OF THE DETAILED OBJECTION DATED
2/2/2019 TO THE 3RD RESPONDENT, DISTRICT
DISASTER MANAGEMENT, AUTHORITY, PALAKKAD.
Appendix A5 TRUE COPY OF THE CONDITIONAL ORDER DATED
20/08/2019 ISSUED BY THE 2ND RESPONDENT IN
M.P.15/2019.
Appendix A6 TRUE COPY OF THE REPORT DATED NIL FILED BY
THE 7TH RESPONDENT GEOLOGIST.
Appendix A7 TRUE COPY OF THE ORDER DATED 30/9/2019 IN
M.P.15/2019.
Appendix A8 TRUE COPY OF THE STATEMENT DATED
18/10/2019 SUBMITTED BEFORE THE 2ND
RESPONDENT.
Appendix A9 TRUE COPY OF THE PHOTOGRAPH EVIDENCING THE
COMPLIANCE OF THE ANNEXURE A7 ORDER.
CRL.MC NO. 2636 OF 2021
Appendix A10 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING
THE FIRE.
Appendix A11 TRUE COPY OF THE SCREEN SHOT OF THE POST
TAKEN BY THE PETITIONER.
Appendix A11(A) TRUE COPY OF THE SCREEN SHOT OF THE
PHOTOGRAPH OF THE NEWS TAKEN BY THE
PETITIONER.
Appendix A12 TRUE COPY OF THE G.O.(RT) NO.520/2019/DMD
DATED 19/8/2019.
Appendix A12(A) TRUE COPY OF THE FORMS ISSUED BY THE 3RD
RESPONDENT.
