Johny George vs State Of Kerala
2024 Latest Caselaw 14816 Ker

Kerala High Court

Johny George vs State Of Kerala on 4 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                      WP(C) NO. 11374 OF 2024
PETITIONER:

          JOHNY GEORGE
          AGED 80 YEARS
          SON OF GEORGE, ADAPPUR HOUSE, KULANGATTUPARA,
          KALLOORKKAD, ERNAKULAM DISTRICT, PIN - 686668
          BY ADVS.
          PEEYUS A.KOTTAM
          RAGESH CHAND R.G.


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
          SECRETARIAT, THIRUVANATHAPURAM, PIN - 695001
    2     DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA
          PUZHAKKARAKKAVU ROAD, MUVATTUPUZHA, PIN - 686661
    3     CIRCLE INSPECTOR OF POLICE/STATION HOUSE OFFICER
          KALLOORKAD POLICE STATION, MUVVATTUPUZHA-THENI
          ROAD, KALLOORKAD, KERALA, PIN - 686668
    4     GENERAL MANAGER
          DIC, DISTRICT INDUSTRIES CENTER, KUNNUMPURAM -
          CIVIL STATION RD, ECHAMUKU, KUNNUMPURAM,
          THRIKKAKARA, VAZHAKKALA, KAKKANAD, KOCHI, KERALA,
          PIN - 682030
    5     JOHNSON
          AGED 80 YEARS
          SON OF JOSEPH, KANATHIL HOUSE, KULANGATTUPARA,
          ERNAKULAM DISTRICT, PIN - 686668
    6     JEEVAN A.S
          AGED 47 YEARS
          SON OF SUKUMARAN, ARACKEKUDIYIL
          HOUSE,THAZHUVAMKUNNU P.O,KULANGATTUPARA,
          KALLOORKAAD, ERNAKULAM, PIN - 686668
    7     RAJU NARAYANAN
          AGED 57 YEARS
          PUTHENPURAYIL HOUSE, THAZHUVAMKUNNU P.O,
          KULANGATTUPARA, KALLOORKAAD, ERNAKULAM, PIN -
 W.P.(C)No.11374/2024
                               ..2..




            686668
     8      JOSHY SEBASTIAN
            AGED 55 YEARS
            KARIKKAL HOUSE, THAZHUVAMKUNNU P.O, KULANGATTUPARA,
            KALLOORKAAD, ERNAKULAM, PIN - 686668
     9      JINTO
            AGED 35 YEARS
            SON OF BABY THALACHIRA, KULANGATTUPARA, KALLOORKKAD,
            ERNAKULAM DISTRICT, PIN - 686668
    10      VARKEY
            SON OF KURIAKO, KANATHIL HOUSE, KULANGATTUPARA,
            ERNAKULAM DISTRICT, PIN - 686668
    11      SHAJI
            SON OF DANIEL, MADAVANAKUDIYIL HOUSE,
            KULANGATTUPARA, ERNAKULAM DISTRICT, PIN - 686668
    12      JOMY
            SON OF JOSEPH, PERUMATTATHIL HOUSE, KANATHIL HOUSE,
            KULANGATTUPARA, ERNAKULAM DISTRICT,, PIN - 686668
    13      THOMAS
            SON OF VARGHESE, PARAYIL HOUSE, KULANGATTUPARA,
            ERNAKULAM DISTRICT, PIN - 686668
    14      CHACKO
            SON OF VARGHESE, PARAYIL HOUSE, KULANGATTUPARA,
            ERNAKULAM DISTRICT, PIN - 686668
    15      JOY
            SON OF JOSEPH KANATHIL HOUSE, KULANGATTUPARA,
            ERNAKULAM DISTRICT, PIN - 686668
    16      SEBASTIAN
            SON OF KUNJAGATHI, KALLUMMAL HOUSE, KULANGATTUPARA,
            ERNAKULAM DISTRICT, PIN - 686668
    17      SUNNY
            SON OF ERAPPAI KANDATHILKUDIYIL, KULANGATTUPARA,
            ERNAKULAM DISTRICT, PIN - 686668
    18      AVARACHAN
            SON OF ABRAHAM ADAPPOOR HOUSE, KULANGATTUPARA,
            ERNAKULAM DISTRICT, PIN - 686668
    19      SIJO
            SON OF VARGHESE, MADAVANA HOUSE, KULANGATTUPARA,
            ERNAKULAM DISTRICT, PIN - 686668
    20      JOLLY
            SON OF CHACKO PANTHAKKAL HOUSE, KULANGATTUPARA,
            ERNAKULAM DISTRICT, PIN - 686668
    21      JOSHY
            SON OF JOSEPH, ERUMATTATHIL HOUSE, KULANGATTUPARA,
            ERNAKULAM DISTRICT, PIN - 686668
 W.P.(C)No.11374/2024
                              ..3..




           BY ADVS.
           PRASUN.S
           N.A.RETHEESH(K/184/2005)
           SMT. REKHA C.NAIR, SR.GP.



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.11374/2024
                                ..4..




                DEVAN RAMACHANDRAN, J.
            =========================
                W.P.(C)No.11374 of 2024
           ==========================
            Dated this the 4th day of June, 2024

                          JUDGMENT

The petitioner says that he owns a certain extent of land

covered by Ext.P1, along with his wife; and that he has

obtained all necessary licences, consents and permissions from

all statutory Authorities for the purpose of commencement of a

Plywood Manufacturing Unit therein. He has produced Exts.P2

to P6 in substantiation; and alleges that, in spite of this,

respondent Nos.5 to 21 are causing obstruction to his activities

and are meting out threats and intimidation to his employees,

even with respect to the construction - which is being

proceeded for the purpose of the unit; thus making them

scared of continuing to work.

2. The petitioner alleges that respondent Nos.5 to 21

are making usurious demands for money, which he is refusing

to accede to because, he is acting as per law and in full

compliance of all statutory requirements; and that, therefore,

he preferred Ext.P7 complaint before the Station House Officer,

..5..

Kalloorkad. He alleges that no action has been taken thereon;

and hence that he has been left without any other option, but

to approach this Court.

3. Sri.Peeyus A.Kottam - learned counsel for the

petitioner, submitted that an interim order was issued by this

Court on 20.03.2024, consequent to which, his client has been

able to operate the Unit without any threat. He, therefore,

prayed that the afore interim order be confirmed and his client

be directed to be afforded necessary protection of the Police.

4. Sri.Prasun S. - learned counsel for respondents 5 to

21, in response, submitted that his clients have a definite case

that the petitioner is operating without proper licences and

that the documents produced before this Court are not

genuine. He added that, his clients, therefore, only intend to

take necessary legal action against the petitioner, but had

never, and will not cause any obstruction, or mete out threats

or intimidation as alleged, since they have no reason to do so.

He added that some of his clients have, in fact, filed W.P.

(C)No.7401 of 2024 against the writ petitioner herein

challenging the various licences which he purportedly had

..6..

obtained; and therefore, prayed that no further orders be

issued against them.

5. Smt.Rekha C.Nair - learned Senior Government

Pleader, submitted that there are no law and order violations at

the moment and that the Police are ensuring that the interim

order issued by this Court is effectively implemented. She

added that they will continue to afford protection to the

petitioner, as long as he acts as per law.

6. It is evident from the afore narrative of facts that,

on one side, the petitioner says that he has obtained all

necessary licences; while, the respondents take the stand that

the same are either not genuine or are illegal. It is pertinent

that some of the party respondents have filed W.P.

(C)No.7401/2024 against the writ petitioner herein, but this

Court is not aware, if any, interim orders have been issued

therein.

7. As far as this Court is concerned, while it acts under

the "Police Protection" jurisdiction, it is only enjoined to ensure

that the parties do not take law into their own hands, or

commit any action which is in violation of law. The question

..7..

whether the petitioner's permissions are genuine or legal or

otherwise, are not issues that this Court can consider, since it

has already been impelled in another writ petition pending

before the appropriate Bench.

8. However, as I have already said above, no

provocation and no excuse will justify the use of force, or the

meting of threat or intimidation by any person; and it is the

duty of the Police to ensure that such are averted.

In such perspective, I allow this writ petition, without

entering into the merits of any of the rival contentions of the

parties and leaving them all open, but confirming the interim

order dated 20.03.2024; with a consequential direction to the

3rd respondent - Station House Officer, to ensure that none of

the parties are allowed to take law into their own hands, or to

commit any action against each other in violation of law. The

Police shall ensure that law and order is always maintained,

without any breach of peace; and if any incident is brought to

their notice in violation of this, necessary action will be taken

leading to all consequences under law, swiftly and without

deprivation.

..8..

As far as the party respondents are concerned, their

remedies in law are left open, as also their contentions, which

some of them are stated to have impelled in W.P.

(C)No.7401/2024, which they can pursue when the said writ

petition is disposed of.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR

..9..

APPENDIX OF WP(C) 11374/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TAX RECEIPT SHOWING PAYMENT OF PROPERTY TAX FOR THE 6 ½ ACRES OF PROPERTY FOR THE YEAR 2023-24 OWNED BY THE PETITIONER AND HIS WIFE ALEYAMMA DATED 03.06.2023 Exhibit P2 TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE DATED 10.03.2024 ISSUED BY THE DEPARTMENT OF INDUSTRIES AND COMMERCE ISSUED UNDER SUB SECTION (3) OF SECTION 5 OF THE KERALA MICRO SMALL MEDIUM ENTERPRISES FACILITATION ACT, 2019 Exhibit P3 TRUE COPY OF THE ORDER NO. SC2-3022/23 DATED 08-02-2024 ISSUED BY THE PANCHAYAT FOR INSTALLATION OF MACHINERIES IN THE PETITIONER'S UNIT Exhibit P4 THE TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT/LAND DEVELOPMENT PERMIT ISSUED BY THE KALLOORKAD GRAMA PANCHAYATH, ERNAKULAM DATED 24-01-2024 Exhibit P5 TRUE COPY OF THE CONSENT TO ESTABLISH DATED 03-07-2023 GIVEN BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER'S UNIT Exhibit P6 TRUE COPY OF THE NO OBJECTION CERTIFICATE FOR THE BUILDING PERMIT ISSUED BY THE DEPARTMENT OF FIRE AND RESCUE SERVICES DATED 09-08-2023 Exhibit P7 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, KALLOORKAD DATED 18.03.2024 Exhibit P8 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 18.03.2024 TOWARDS THE RECEIPT OF EXT-P7 REPRESENTATION FILED BEFORE THE STATION HOUSE OFFICER, KALLOORKAD RESPONDENT EXHIBITS Exhibit R(6)1 True Photocopy of the decision No.3(1) of the emergency meeting dated 13.11.2023 of the Kalloorkkad Grama Panchayath Exhibit R(6) 2 True Photocopy of the said mass petition dated 20.112023.

..10..

Exhibit R(6) 3 True Copy of the reply dated 23.03.2024 of Assistant Engineer PWD Nirath Section kaloorkkad.

Exhibit R(6) 4 True copy of the order dated 21.4.2014 in SLP (Civil) No.22856 of 2011 of the honourable Supreme Court.