Rs Development And Constructions ... vs State Of Kerala
2022 Latest Caselaw 3037 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
                       WP(C) NO. 1028 OF 2022
PETITIONER:

          RS DEVELOPMENT AND CONSTRUCTIONS INDIA PRIVATE LIMITED
          VELICHAMTHODU, KANKOL-ALAPADAMBA, ARAVANCHAL P.O,
          KANNUR 670 307 REPRESENTED BY ITS DIRECTOR MR. S.
          SANNKAR THORUGH ITS POA HOLDER MR. NIYAS N.S, AGED 33
          YEARS, S/O. N.K SHAMSU, RESIDING AS VALAMKOTTIL HOUSE,
          KAKKANAD, THRIKKAKARA, KAKKANAD P.O, ERNAKULAM DISTRICT
          682 030
          BY ADVS.
          ANOOP.V.NAIR
          RAMESH CHAND
          DEVI P.
          A.K.ANANDA KRISHNAN
RESPONDENT:
     1     STATE OF KERALA
           REPRESENTED BY THE SECRETARY HOME DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001
     2     THE STATION HOUSE OFFICER
           PERINGOME POLICE STATION, KANNUR DISTRICT 670 353
     3     K.C BABY
           S/O. CHACKO, RESIDING AT KALLOLIKKAL HOUSE, ARAVANCHAL
           P.O, VELLARIKKATHOTTY, KANNUR DISTRICT 670 353
     4     VINU CHACKO
           S/O. CHACKO, RESIDING AT KALLOLIKKAL HOUSE, ARAVANCHAL
           P.O, VELLARIKKATHOTTY, KANNUR DISTRICT 670 353
     5     SHINU VARGHESE
           S/O. VARGHESE, RESIDING AT KALLOLIKKAL HOUSE,
           ARAVANCHAL P.O, VELLARIKKATHOTTY, KANNUR DISTRICT 670
           353
     6     T.S GEORGE
           S/O. SKARIYA, RESIDING AT THUMBAPPURATH HOUSE,
           ARAVANCHAL P.O, VELLARIKKATHOTTY, KANNUR DISTRICT 670
           353
     7     JOSHI MUNDAKKAL
           RESIDING AT MUNDAKKAL HOUSE, ARAVANCHAL P.O,
           VELLARIKKATHOTTY, KANNUR DISTRICTY 670 353
           T.K.SHAJAHAN-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1028 OF 2022

                                        2




                       JUDGMENT

Dated this the 17th day of March, 2022

This writ petition is filed seeking the following reliefs:

"i.To issue a writ of mandamus or any other writ, order or direction directing the respondent No.2 to grant adequate police protection against the actions of the respondents 3 to 7 and their men and agents and to grant day to day police protection to the petitioner's unit and its workers and also for the proper functioning of the unit of the petitioner ii.To issue a writ of mandamus or any other writ, order or direction directing the respondent No.2 to consider and pass orders on Exhibit P5 in accordance with law and to grant police protection to the petitioner and its workers for the day to day functioning of the unit of the petitioner."

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. I notice that service taken out on

respondents 3 to 7 has been duly served and service

is complete. An interim order had been rendered on

10.02.2022 stating that in case of any illegal WP(C).No.1028 OF 2022

obstruction from the party respondents, the petitioner

shall inform the Station House Officer, who shall take

adequate steps to see that law and order is

maintained.

4. Learned Government Pleader submits that

the party respondents had been informed not to

obstruct the petitioner and that appropriate action will

be taken if there be any threat or attack.

In the above view of the matter, the interim

order is made absolute and the writ petition is closed.

Sd/-

ANU SIVARAMAN JUDGE SSK/17/03 WP(C).No.1028 OF 2022

PETITIONER'S EXHIBITS:

TRUE COPY OF THE POWER OF ATTORNEY EXECUTED BY THE DIRECTOR OF THE Exhibit P1 PETITIONER COMPANY APPOINTING, NOMINATING AND CONSTITUTING THE POA TRUE COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS, DATED 06-01-2022 EMPOWERING AND AUTHORIZING THE POA HOLDER TO Exhibit P1(A) REPRESENT THE COMPANY IN LEGAL PROCEEDINGS INSTITUTED BY OR AGAINST THE COMPANY TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE BEARING NO. KLMSME-4002/2021, Exhibit P2 DATED 07-06-2021, ISSUED BY THE GENERAL MANAGER, DIC, DISTRICT INDUSTRIES CENTER, KANNUR TRUE COPY THE CONSENT TO OPERATE/AUTHORIZATION. REGISTRATION BEARING CONSENT NO. PCB/KNR/ICO/213/2021 Exhibit P2A ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER DATED 22- 04-2021 TRUE COPY OF THE LETTER OF ACCEPTANCE Exhibit P3 BEARING NO. 115/PWD006-14/PD/PMU-

KRFB/43R/KSGD/2017, DATED 04-07-2019 TRUE COPY OF THE SUPPLEMENTAL AGREEMENT DATED 25-11-2021 TO THE ORIGINAL Exhibit P4 AGREEMENT DATED 26-07-2019 ENTERED BETWEEN THE PETITIONER AND PROJECT DIRECTOR, PMU KRFB TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF THE COMPLAINT SUBMITTED BY THE Exhibit P5 PETITIONER TO THE 2ND RESPONDENT STATING THE ABOVE FACTS DATED 10-01-2022 RESPONDENTS' EXHIBITS: NIL

SSK //TRUE COPY// PA TO JUDGE