Ibrahim vs State Of Kerala
2023 Latest Caselaw 12902 Ker

Kerala High Court

Ibrahim vs State Of Kerala on 8 December, 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE BASANT BALAJI
   FRIDAY, THE 8TH DAY OF DECEMBER 2023 / 17TH AGRAHAYANA, 1945
                        WP(C) NO. 26035 OF 2020
PETITIONER/S:

          IBRAHIM
          AGED 53 YEARS
          S/O. MUHAMMED, ULLAI MUNDETH HOUSE, S.EZHIPRAM KARA,
          VAZHAKKULAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM-683
          107
          BY ADVS.
          PRAVEEN K. JOY
          SRI.E.S.SANEEJ
          SRI.M.P.UNNIKRISHNAN
          SMT.M.K.SAMYUKTHA
          SHRI.DEEPU RAJAGOPAL


RESPONDENT/S:

    1     STATE OF KERALA
          REP BY SECRETARY, HOME DEPARTMENT, SECRETARIAT,
          TRIVANDUM-695N 001
    2     THE SUPERINTENDENT OF POLICE,
          ERNAKULAM RURAL, ALUVA, ERNAKULAM-683 101
    3     STATION HOUSE OFFICER,
          THADIYITTAPARAMBU POLICE STATION, ERNAKULAM-683 015
    4     SUB INSPECTOR OF POLICE,
          THADIYITTAPARAMBU POLICE STATION, ERNAKULAM-683 105
    5     OUSEPH,
          AGED 56 YEARS
          S/O.POULOSE, URUMATHU HOUSE, Z.EZHIRPAM KARA,
          VAZHAKKULAM VILALGE, KUNNATHUNADU TALUK-683 107
    6     BASIL
          AGED 32 YEARS
          S/O.OUSEPH, URUMATHU HOUSE, Z.EZHIRPAM KARA,
          VAZHAKKULAM VILALGE, KUNNATHUNADU TALUK-683 107
    7     BENEENA
          AGED 53 YEARS
          W/O. OUSEPH, URUMATHU HOUSE, Z.EZHIRPAM KARA,
          VAZHAKKULAM VILALGE, KUNNATHUNADU TALUK-683 107
          BY ADV SRI.P.SATHISAN
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 26035/2020

                               -2-

                            JUDGMENT

(Dated this the 8th day of December, 2023)

The writ petition is filed for a direction to respondents

2 to 4 to grant adequate police protection for the smooth

functioning of the unit of the petitioner under Exts.P1 to P9

licenses. Admittedly, Exts.P1 to P9 licenses have expired.

The counsel for the petitioner submits that the same has

been renewed subsequently, and therefore, there is still

obstruction from respondents 5 to 7 for the functioning of

the unit.

2. The counsel for respondents submits that the civil

suit filed by the petitioner has already been dismissed for

default and the restoration petition is pending, which has

not been ordered till date.

Taking into consideration that there is a dispute

regarding the pathway that is used by the petitioner for the

ingress and egress of the unit, this writ petition is disposed

of giving liberty to the petitioner to approach the

authorities if he is armed with all necessary licenses,

permits, and sanctions for the functioning of the unit. As far

as the dispute regarding the pathway is concerned, it is for

the civil court to adjudicate the matter.

Sd/-

BASANT BALAJI JUDGE JS

APPENDIX OF WP(C) 26035/2020

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE PHOTOCOPY OF THE D & O LICENSE ISSUED BY THE VAZHAKKULAM PANCHAYATH DATED 03.07.2020 EXHIBIT P2 THE TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT MEDICAL OFFICER DATED 1.07.2016 EXHIBIT P3 THE TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE SERVICES DATED 16.07.2016 EXHIBIT P4 THE TRUE PHOTOCOPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE DISTRICT GEOLOGIST, ERNAKULAM DATED 07.09.2016 EXHIBIT P5 THE TRUE PHOTOCOPY OF THE GST REGISTRATION CERTIFICATE DATED 21.09.2017 EXHIBIT P6 THE TRUE PHOTOCOPY OF THE LICENSE ISSUED BY THE DEPARTMENT OF FACTORIES AND BOILERS DATED 29.12.15 EXHIBIT P7 THE TRUE PHOTOCOPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 06.09.2018 EXHIBIT P8 THE TRUE PHOTOCOPY OF THE CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 11.09.2018 EXHIBIT P9 THE TRUE PHOTOCOPY OF THE RECEIPT FOR THE D & O LICENSE AND OTHER FEES FORM THE PANCHAYATH DATED 03.07.2020 EXHIBIT P10 THE TRUE PHOTOCOPY OF THE FIR NO.153/2014 DATED 01.03.2014 EXHIBIT P11 THE TRUE PHOTOCOPY OF THE INJUNCTION ORDER IN IA 212/2016 IN OS 45/2016 OF MUNSIFF COURT, PERUMBAVOOR EXHIBIT P12 THE TRUE PHOTOCOPY OF THE ORDER IN IA 212/2016 IN OS 45/2016 OF MUNSIFF COURT, PERUMBAVOOR DATED 16.03.2016 EXHIBIT P13 THE TRUE PHOTOCOPY OF THE RESTORATION

PETITION NUMBERED AS RP 17/2020 IN OS 45/2016 OF MUNSIFF COURT, PERUMBAVOOR EXHIBIT P14 THE TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT EXHIBIT P15 THE TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE 2RD RESPONDENT