K. Abdul Gafoor vs The State Of Kerala
2023 Latest Caselaw 7904 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                      WP(C) NO. 21285 OF 2023
PETITIONER:

             K. ABDUL GAFOOR, AGED 69 YEARS
             S/O KHALID HAJI, MANAGING DIRECTOR, KAIRALI STEELS
             AND ALLOYS PVT. LTD., 134-A, KANJIKODE, PALAKKAD
             DISTRICT ., PIN - 678621
             BY ADVS.
             RAJESH SIVARAMANKUTTY
             VIJINA K.
             ARUL MURALIDHARAN


RESPONDENTS:

      1      THE STATE OF KERALA
             REP. BY HOME SECRETARY, SECRETARIAT,
             THIRUVANANTHAPURAM., PIN - 695001
      2      THE DISTRICT POLICE CHIEF
             PALAKKAD, OFFICE OF THE DISTRICT POLICE CHIEF,
             PALAKKAD, DPO ROAD, PALAKKAD ., PIN - 678001
      3      THE STATION HOUSE OFFICER, WALAYAR POLICE STATION,
             WALAYAR, PALAKKAD DISTRICT, PIN - 678620
      4      MUTHU SARAVANAN, AGED 30 YEARS, FATHER'S NAME NOT
             KNOWN, RESIDING ADJACENT TO HP GAS STATION, K.N.
             PUDUR, KANJIKODE, PALAKKAD, PIN - 678621
OTHER PRESENT:

             SRI. RAJEEV JYOTHISH GEORGE, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.07.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P(C).21285/2023                          2




                  P. V. KUNHIKRISHNAN, J.
               -------------------------------------------
                    W.P(C).No.21285 of 2023
               -------------------------------------------
              Dated this the 26th day of July, 2023

                               JUDGMENT

The above writ petition is filed with the following prayers:

(i) issue a Writ of Mandamus, or any other appropriate Writ, Direction or Order, commanding the respondents 1 to 3 to provide adequate Police Protection to the life and property of the petitioner and its staff for the smooth running of the Petitioner's -company- M/s. Kairali Steels & Alloys Pvt. Ltd from the threats wielded illegally by the 4th Respondent and his men, who are strangers to the Petitioner -company and its functioning;

(ii) dispense with filing of the translation of vernacular documents; and

(iii) to issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of this case.

2. The petitioner is the Managing Director of the

Company - M/s.Kairali Steels & Alloys Pvt. Ltd. The petitioner seeks

adequate police protection for the smooth functioning of the

company. It is stated that about 300 persons are employed in the

company and they are engaged in the manufacture and sale of

construction steels. It is submitted that there is threat from the 4 th

respondent and their men.

3. Heard learned counsel for the petitioner and the learned

Government Pleader. Even though notice is issued to the 4 th

respondent, there is no appearance for the 4th respondent.

4. Learned Government Pleader, after getting instructions,

submits that there was a blast from the furnace of the company and

there was agitation from the local people. Ext.P6 is the FIR. Learned

Government Pleader also submitted that the Production Manager of

the company was in judicial custody. The investigation of the

criminal case is going on. In connection with the above incident,

there is some protest from the local residents. It is submitted that,

there is no law and order problem now. If that is the case, this writ

petition can be disposed of allowing the petitioner to approach the 3rd

respondent if there is any law and order problem and there can be a

direction to 3rd respondent to do the needful in accordance to law.

But, I make it clear that the local residents are free to approach the

competent authority, if there is any grievance against the functioning

of the company.

Therefore, this writ petition is disposed of with the following

directions:

i) If there is any law and order problem for the smooth functioning of the petitioner's company, the petitioner is free to submit a complaint before the 3rd respondent and if such a complaint is received, the 3 rd respondent will see that, there is no law and order problem.

ii) I make it clear that, if there is any grievance to the 4th respondent or other local residents about the functioning of the company, they are free to approach the competent authority in accordance to law.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 21285/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF INCORPORATION DATED 30-6-1995 ISSUED TO KAIRALI STEELS AND ALLOYS PVT. LTD BY THE REGISTRAR OF COMPANIES, KERALA Exhibit P2 TRUE COPY OF THE RENEWED D&O LICENSE ISSUED BY THE PUDUSSERY GRAMA PANCHAYAT TO THE PETITIONER DATED 31-4-2023 Exhibit P3 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE -RENEWAL CERTIFICATE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 24-4-2019 Exhibit P4 TRUE COPY OF THE LICENSE ISSUED FROM THE DEPARTMENT OF FACTORIES AND BOILERS HAVING VALIDITY TILL 31-10-2023 ALONG WITH NOC FROM FIRE AND RESCUE DEPARTMENT Exhibit P5 TRUE COPY OF THE SANITARY FITNESS CERTIFICATE ISSUED BY THE HEALTH INSPECTOR, FAMILY HEALTH CENTER, PUDUSSERY, KANJIKODE DATED 23-5-2023 Exhibit P6 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 383/2023 DATED 20-6- 2023 REGISTERED AT WALAYAR POLICE STATION, PALAKKAD Exhibit P7 TRUE COPY OF THE PETITION DATED 26-6-

2023 SUBMITTED BY SENIOR H R MANAGER OF PETITIONER -COMPANY TO THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE RECEIPT DATED 26-6-2023 ISSUED BY THE 3RD RESPONDENT ON RECEIPT OF EXHIBIT P-7