Kerala High Court
Vipin A.K vs State Of Kerala on 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 21045 OF 2019
PETITIONER:
VIPIN A.K.
MANAGING PARTNER,M/S YES YES POLY PACKS,
KOVILAKOMKUNDU,MANJERI,MALAPPURAM DISTRICT.
BY ADVS.
SRI.P.SAMSUDIN
SMT.S.K.SREELAKSHMY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE HOME
DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE SECRETARY MANJERI MUNICIPALITY,
MANJERI.P.O,-676121,MALAPPURAM DISTRICT.
3 THE SUB INSPECTOR OF POLICE MANJERI,
MANJERI POLICE STATION,MANJERI.P.O-676121,
MALAPPURAM DISTRICT.
4 AJMAL SUHEED,
S/O.ABOOBACKER,CHERUMANNIL HOUSE,KASALAKUNNU,MANJERI-
676121,
MALAPPURAM DISTRICT,(COUNCILOR,WARD NO.XV,MANJERI
MUNICIPALITY).
5 AJEESH,
S/O.NARAYANAN,KOLKADA HOUSE,KOVILAKOMKUNDU(N),
MANJERI.P.O-676121,MALAPPURAM DISTRICT.
6 RAJESH,
S/O GOPI NAYAR,MANNADI HOUSE,KOVILAKOMKUNDU(N),
MANJERI.P.O-676121,MALAPPURAM DISTRICT.
7 NISHAD,
S/O.KRISHNAN,THAMARATHODI HOUSE,
KOVILAKOMKUNDU(N),MANJERI.P.O-676121,
WP(C) NO. 21045/2019
2
MALAPPURAM DISTRICT.
8 PRASANTH,
S/O CHINNAN,MELEPURAKKAL,KOVILAKOMKUNDU(N),
MANJERI.P.O-676121,MALAPPURAM DISTRICT.
ADDL.R9 THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE,
MALAPPURAM AND CONVENOR
SINGLE WINDOW CLEARANCE
BOARD, MALAPPURAM.
(IS SUOMOTU IMPLEADED AS PER ORDER DATED 2/8/19IN
WPC 21045/2019)
ADDL.R10 THE ENVIRONMENTAL ENGINEER,
POLLUTION CONTROL BOARD,
DISTRICT OFFICE, MALAPPURAM DISTRICT,
PIN- 676 505
(IMPLEADED AS PER ORDER DATED 11/10/2019 IN IA
1/2019)
BY ADVS.
SRI.K.SHIBILI NAHA, SC, MANJERI MUNICIPALITY
SRI.K.M.FIROZ
SMT.M.SHAJNA
SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 21045/2019
3
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)No.21045 of 2019
--------------------------------
Dated this the 13th day of July 2021
JUDGMENT
The above Writ petition is filed with the
following prayers:
"i) issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 3 rd
respondent to provide adequate and effective police
protection against threat from respondents 4 to 8 and
their henchmen, to the life and property of the
petitioner, his associates and workers for running the
plastic cover printing unit at Yes Yes Poly Packs,
Kovilakomkundu, Manjeri, in the interest of justice.
ii) issue a writ of mandamus or any other
appropriate writ, order or direction, directing the 3 rd
respondent to consider Exbt-P7 complaint and afford
meaningful and effective police protection to the life
and property of the petitioner, his associates and
workers against all and any obstruction and physical
threat or intimidation from respondents 4 to 8 and
their associates and henchmen, for running plastic
cover printing unit, in the interest of justice
iii) Pass such other orders that are deemed fit
and fair in the circumstances of the case."
2. Today when this matter came up for
consideration, the learned counsel appearing for the
WP(C) NO. 21045/2019
petitioner submitted that there is no law and order
issue as of now. The learned counsel appearing for
the contesting respondents submitted that the
petitioner is doing his activities flouting the
conditions in Ext.P1 order. The contesting
respondents also submitted that the petitioner
obtained licence through single window clearance and
the licence is not renewed.
3. The learned counsel for the petitioner
submitted that the licence and permit issued to the
petitioner is valid for 5 years and is in force even
now. The learned counsel submitted that when ever
it expires, he will function the unit only after
getting renewal. That is recorded.
4. The learned counsel for the contesting
respondents objected the same. The learned counsel
for the contesting respondents submitted that, there
is no renewal obtained by the petitioner. I don't
want to decide the same. The writ petition is
disposed in the following manner;
i) If there is any law and order problem, the
WP(C) NO. 21045/2019
petitioner can approach the Station House Office
concerned with a complaint/representation along with
the valid licence and permit from the statutory
authority especially from the Pollution Control
Board.
ii) If such a complaint/representation is
received, the Station House Officer will verify the
permit, licence and other certificate issued by the
statutory authority and if the same is in order, the
petitioner will be given sufficient protection to
run his unit.
iii) All the other contentions of the
contesting respondents against the licence and
permit are left open.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
WP(C) NO. 21045/2019
APPENDIX OF WP(C) 21045/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CONSENT TO OPERATE
ISSUED BY THE POLLUTION CONTROL BOARD
DATED 21/07/2018
EXHIBIT P2 TRUE COPY OF THE MINUTES OF THE
MEETING OF THE SINGLE WNDOW CLEARANCE
BOARD DATED 01.11.2018.
EXHIBIT P3 TRUE COPY OF THE LICENSE ISSUED BY THE
INDUSTRIAL SINGLE WINDOW CLEARANCE
BOARD DATED 19.04.2019.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE INDUSTRIAL SINGLE WINDOW CLEARANCE
BOARD DATED 22.07.2019.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED
25.12.2018 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT AND ITS
RECEIPT.
EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED
02.05.2019 ISSUED BY THE SHO FOR
RECEIPT OF THE COMPLAINT.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED
26.07.2019 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE CHANGING OCCUPANCY
CERTIFICATE ISSUED BY THE MUNICIPALITY
EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 17-07-
2018 FOR REMITTANCE OF THE APPLICATION
FEE.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 15-11-
2018 ISSUED BY THE 2ND RESPONDENT TO
THE ADDL.9TH RESPONDENT
EXHIBIT P11 TRUE COPY OF THE FIRE AND SAFETY
CERTIFICATE DATED 21-11-2018 ISSUED BY
THE FIRE AND RESCUE MALAPPURAM AND THE
WP(C) NO. 21045/2019
RECEIPT ISSUED BY THE MUNICIPALITY.
EXHIBIT P11(a) TRUE COPY OF THE LETTER DATED 22-11-
2018 ISSUED BY THE ADDL. 9TH
RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE INTERIM ORDER DATED
13-12-2018 IN WP (C) 38284/2018.
EXHIBIT P13 TRUE COPY OF THE RESOLUTION OF THE
MUNICIPAL COUNCIL DATED 28-01-2019
EXHIBIT P14 TRUE COPY OF THE INTERIM ORDER DATED
11-04-2019 IN WP (C) NO.310/2019.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 05-07-
2019 IN WP (C) NO.310/2019.
EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 01-08-
2019 IN WP (C) NO.38284/2018
EXHIBIT P17 TRUE COPY OF THE ENQUIRY REPORT DATED
03-06-2019 OF THE TECHNICAL ASSISTANT,
DMO MALAPPURAM.
RESPONDENTS' EXHIBITS:
EXHIBIT R4(A) A TRUE COPY OF THE REPORT DATED
06.05.2019 SUBMITTED BY VILLAGE
OFFICER, MANJERI BEFORE TAHSILDAR
EXHIBIT R4(B) A TRUE COPY OF THE UNDATED
REPRESENTATION SUBMITTED BY THE
PERSONS IN THE LOCALITY BEORE THE
ENVIRONMENTAL ENGINEER, KERALA STATE
POLLUTION CONTROL BOARD
ECHIBIT R4(C) A TRUE COPY OF THE SKETCH /CITE PLAN
SHOWING DISTANCES FROM SOME OF THE
RESIDENTIAL HOUSES NEAR THE
PETITIONER'S UNIT
//TRUE COPY//
PA TO JUDGE
