K.K.Shamsu vs State Of Kerala
2022 Latest Caselaw 3869 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                          WP(C) NO. 7515 OF 2022
PETITIONER:

     1        K.K.SHAMSU
              AGED 60 YEARS
              S/O KHADER, KARAKKATTIL HOUSE, EDATHALA P.O,
              PIN-683 561, ALUVA EAST VILLAGE, ALUVA TALUK,
              ERNAKULAM DISTRICT

     2        REJI,
              AGED 47 YEARS
              S/O POULOSE, KIZHAKKEDATH HOUSE, ERUMATHALA KARA,
              ERUMATHALA P.O.PIN-683 112, KEEZHMAD VILLAGE,
              ALUVA TALUK. ERNAKULAM DISTRICT

              BY ADVS.
              K.A.ANEEZ FAHID
              SUDHEER K.K.



RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY CHIEF SECRETARY,
              SECRETARIATE, THIRUVANANTHAPURAM-695 001.

     2        STATION HOUSE OFFICE
              EDATHALA POLICE STATION, NALAM MILE,
              KULAKKAD, PIN-683 112

     3        DEPUTY SUPERINTENDANT OF POLICE,
              ALUVA, ALUVA P.O.PIN-683 101

     4        FAKRUDHEEN,
              AGED 38 YEARS
              S/O MAMMU, MEZHUKKATTIL HOUSE, EDATHALA.
              NORTH P.O.    PIN-683 561,
              ALUVA EAST VILLAGE, ALUVA TALUK,
              ERNAKULAM DISTRICT
 WP(C) NO. 7515 OF 2022              2



      5      SEYDU,
             AGED 45 YEARS
             S/O HAMEED, PATHANAYATH HOUSE,
             EDATHALA NORTH P.O.PIN-683 561,
             ALUVA EAST VILLAGE, ALUVA TALUK,
             ERNAKULAM DISTRICT

             BY ADVS.
             ABDUL JAWAD K.
             A.GRANCY JOSE



OTHER PRESENT:

             SRI. T.K SHAJAHAN-SR.G.P




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 7515 OF 2022                        3




                                       JUDGMENT

This writ petition is field seeking following reliefs:

i) issue a writ of mandamus or any other appropriate writ or direction to the 2nd respondent to grant adequate police protection to the petitioners and workers of the petitioners to do their job peacefully and without being obstructed.

ii) issue a writ of mandamus or any other appropriate writ or direction to the 2nd respondent to take action on the basis of Ext.P5 complaint.

2. Heard the learned counsel for the petitioners and the

learned Government Pleader as well the learned counsel appearing

for respondents 4 and 5.

3. It is submitted by the learned counsel for the

petitioners that respondents 4 and 5 are obstructing the conduct of

the workshop in the petitioners' premises.

4. The learned counsel appearing for respondents 4 and 5

on the other hand submits that there is a spray painting unit also

operated by the petitioners and that there are violations and

nuisances caused to respondents 4 and 5.

However, even in case the contesting respondents have any

complaints regarding the functioning of the workshop, it is for them

to take it up appropriately by filing complaints before the

competent authorities. In the circumstances, in case the petitioners

face any threat or assault from respondents 4 and 5 or anybody

claiming through them, the petitioners may inform the Station

House Officer, who shall provide adequate protection to the life of

the petitioners. However, this will not stand in the way of

respondents 4 and 5 taking up any complaint regarding the

conduct of the workshop by the petitioners before appropriate

authorities in accordance with law.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 7515/2022

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE CONSENT LETTER ISSUED BY THE KERALA STATE POLLUTION CONTROLL BOARD

Exhibit P2 THE TRUE COPY OF THE CONSENT LETTER ISSUED BY THE KERALA STATE POLLUTION CONTROLL BOARD

Exhibit P3 THE TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE MINISTRY OF MSME

Exhibit P4 THE TRUE COPY OF THE PETITION SUBMITTED TO THE 2ND RESPONDENT ON 18.12.2021

Exhibit P5 THE TRUE COPY OF THE PETITION SUBMITTED TO THE 2ND RESPONDENT ON 24.2.2022

Exhibit P6 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT ON 24.2.2022

RESPONDENT EXHIBITS

Exhibit R4 A TRUE COPY OF THE RECEIPT DATED 7/3/2020 SHOWING PAYMENT OF PROPERTY TAX FOR THE FINANCIAL YEAR 2019-2020 BY THE 4TH RESPONDENT.

Exhibit R4 B TRUE COPY OF SETTLEMENT DEED DATED 29/3/2014

Exhibit R4 C TRUE PHOTOGRAPHS SHOWING THE LOCATION OF THE WORK SHOP UNIT VIS-A-VIS THE HOUSE OF THE 4TH RESPONDENT.

Exhibit R4 D TRUE PHOTOGRAPHS SHOWING THE LOCATION OF THE WORK SHOP UNIT VIS-A-VIS THE HOUSE OF THE 5TH RESPONDENT.

Exhibit R4 E TRUE COPY OF THE RELEVANT PAGE OF SITTING CRITERIA OF THE PCB.

Exhibit R4 F TRUE COPY OF STOP MEMO OF THE PCB DATED 23/9/2021

Exhibit R4 G TRUE COPY OF THE TREATMENT DETAILS DATED 28/02/2022 RELATING TO THE WIFE OF THE 5TH RESPONDENT ISSUED FROM ESI HOSPITAL, UDYOGMANDAL.

Exhibit R 4 H TRUE COPY OF THE COMPLAINT DATED 10/1/2022 SUBMITTED BY THE RESPONDENTS 4 AND 5 AND OTHER NEIGHBOURS BEFORE THE STATE OFFICE OF THE PCB