Kerala High Court
Laila Beevi vs The State Of Kerala on 25 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.6225 OF 2021(C)
PETITIONER:
LAILA BEEVI
AGED 65 YEARS
W/O.UMMARUDEEN, RESIDING AT SAJIDHA MANZIL,
THOPPUPPARA P.O., THOZHUVAKKAD, ADOOR,
PATHANAMTHITTA DISTRICT, PIN - 691 554.
BY ADVS.
SRI.M.K.CHANDRA MOHANDAS
SRI.SHAKTHI PRAKASH
SHRI.HARIKRISHNAN M.S.
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DISTRICT COLLECTOR,
OFFICE OF THE DISTRICT COLLECTOR,
DISTRICT COLLECTORATE
PATHANAMTHITTA - 689 645.
3 THE STATE POLICE CHIEF
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN - 695 001.
4 THE DISTRICT POLICE CHIEF
THAZHEVETTIPRAM, PATHANAMTHITTA - 689 645.
5 THE DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE
PATHANAMTHITTA - 689 645.
6 THE STATION HOUSE OFFICE
ADOOR POLICE STATION,
PATHANAMTHITTA DISTRICT - 691 525.
7 THE KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, PATHANAMTHITTA, PIN - 691 524.
WP(C).No.6225 OF 2021(C) 2
8 SUKUMARAN
AGED 51 YEARS
S/O.GOPALAN, RESIDING AT CHARUVUVILAYIL,
MURUKKANKUNU, THODUVAKKOD, ILAMANNOOR P.O.,
ADOOR, PATHANAMTHITTA DISTRICT,
PIN - 691 524.
9 ADDL R9
SHRI.JAYADEVAN (UNNI),
C/O SUKUMARAN,
S/O.GOPALAN, RESIDING AT CHARUVUVILAYIL,
MURUKKANKUNNU, THODUVAKKOD, ILAMANNOOR P.O,
ADOOR, PATHANAMTHITTA DISTRICT, PIN-691524.
10 ADDL R10
SHRI.KUNHIKANNAN
C/O.SUKUMARAN,
S/O.GOPALAN, RESIDING AT CHARUVUVILAYIL,
MURUKKANKUNNU, THODUVAKKOD, ILAMANNOOR P.O, ADOOR,
PATHANAMTHITTA DISTRICT PIN-691 524.
11 ADDL R11
SUJAN
C/O.SUKUMARAN, S/O.GOPALAN, RESIDING AT
CHARUVUVILAYIL, MURUKKANKUNNU, THODUVAKKOD,
ILAMANNOOR P.O, ADOOR, PATHANAMTHITTA DISTRICT PIN
691524.
* ADDL R9 TO R11 ARE IMPLEADED AS PER ORDER DATED
18-03-2021 IN IA NO.1/2021 IN WP(C)6225/2021.
SRI THAJUDEEN PP, GOVERNMENT PLEADER
SRI T NAVIN SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6225 OF 2021(C) 3
JUDGMENT
The petitioner states that she is conducting a small crusher unit in a property
having an extent of 30 cents in Re-Sy No.77/11, 77/12-1 in Block No.12 of
Enadimangalam village. She had to close down the unit for a while due to disputes
with her husband. Now she has decided to recommence the unit after carrying out
some renovations. The entire works are complete and she has filed applications
before the Pollution Control Board as well as the Panchayath. According to the
petitioner, when the officers of the Pollution Control Board came to the
establishment to conduct an inspection for issuance of consent to operate, the party
respondents along with certain others obstructed the authorities. According to the
petitioner, the party respondents have no right to obstruct the inspection by the
statutory authorities or to prevent the petitioner from proceeding with the
construction activities. It is contended that the petitioner requires to obtain licences
from the local authority and due to the obstructions and threats made by the party
respondents, she is unable to proceed any further. It is in the afore circumstances
that the petitioner has approached this Court seeking a direction to the respondents
1 to 6 to afford adequate protection and safety to the petitioner.
2. Though notice was issued to the party respondents and the same was
served, no one appears.
3. The learned Standing Counsel appearing for the 7th respondent
submitted that the consent to operate has already been issued to the petitioner and
the same is valid till 30.06.2022.
4. I have considered the submissions advanced and have perused the
records.
5. From the records it appears that the petitioner is planning to
recommence a crusher unit after carrying out some renovations. The Pollution
Control Board has conducted the inspection and has issued a consent to operate.
The local authority is yet to issue the licence. The party respondents have no right
to physically obstruct or cause threats to a woman entrepreneur who is planning to
commence a business after obtaining all permits as required by law. If any
obstruction or threat is caused, it is for the petitioner to lodge a complaint before
the 6th respondent, who shall ensure that law and order is maintained.
Resultantly, this writ petition is disposed of directing the petitioner to
approach the 6th respondent and lodge a complaint if she is subjected to any threat
or intimidation by the party respondents or if the attempt of the petitioner to
recommence the unit after obtaining all lawful permits and licences are obstructed.
If such a complaint is filed, the 6th respondent shall ascertain the genuineness of
the allegations and take appropriate action.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A CONSENT TO OPERATE THE MINI CRUSHER
UNIT ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD DATED 18/06/2014.
EXHIBIT P2 A CERTIFICATE OF REGISTRATION FOR
STOCKING AND SELLING AND FOR PROCESSING
OF MINERALS UNDER THE KERALA MINERALS
(PREVENTION OF ILLEGAL MINING, STORAGE
AND TRANSPORTATION) RULES 2015 DATED
31/03/2015 ISSUED BY DISTRICT GEOLOGIST,
PATHANAMTHITTA.
EXHIBIT P3 A TRUE COPY OF D & O LICENSE DATED
31/03/2016 GRANTING PERMISSION TO RUN THE
CRUSHER UNIT UPTO 31/03/2017 ISSUED BY
ENADIMANGALAM GRAMA PANCHAYATH.
EXHIBIT P4 A TRUE COPY OF PRIOR LICENSE ISSUED BY
DIRECTOR OF FACTORIES AND BOILERS, KOLLAM
DATED 28/12/2012 UNDER THE FACTORIES ACT
1948 AND THE KERALA FACTORIES RULES 1957.
EXHIBIT P5 A TRUE COPY OF WP(C) NO.28651 OF 2020
WITHOUT ANNEXURES.
EXHIBIT P6 TRUE COPY OF THE REPORT DATED 02/12/2020
SUBMITTED BY THE VILLAGE OFFICER
ENADIMANGALAM.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED
22/02/2021.
RESPONDENTS' EXHIBITS:
NIL
