Kerala High Court
Hassainar.K.P vs State Of Kerala on 20 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 7952 OF 2023
PETITIONER:
HASSAINAR.K.P.
AGED 44 YEARS
S/O.K.K.PAREETH, KUNNUMPURATH HOUSE,
THOTTUMUGHAM.P.O., ALUVA, ERNAKULAM DISTRICT, PIN -
683105
BY ADVS.
DINESH MATHEW J.MURICKEN
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
AHAMMAD SACHIN K.
K.S.SANGEETHA (KOOMBEL)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO HOME, HOME
DEPARTMENT, SECRETARIAT, STATUTE JUNCTION,
THIRUVANANTHAPURAM GENERAL.P.O., THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
2 THE DEPUTY SUPERINTENDENT OF POLICE
PERUMBAVOOR, OFFICE OF THE DEPUTY SUPERINTENDENT OF
POLICE, KUZHUPPILLIKKAVU ROAD, PERUMBAVOOR.P.O.,
ERNAKULAM DISTRICT, PIN - 683542
3 THE STATION HOUSE OFFICER
KUNNATHUNADU POLICE STATION, PATTIMATTOM.P.O.,
ERNAKULAM DISTRICT, PIN - 683562
4 THE KERALA STATE POLLUTION CONTROL BOARD
DISTRICT OFFICE, (ERNAKULAM-II), PERUMBAVOOR, PMC
20/733, GOVERNMENT HOSPITAL-KSRTC ROAD, NEAR
KALLUNGAL AUDITORIUM, PERUMBAVOOR.P.O., REPRESENTED
BY THE ENVIRONMENTAL ENGINEER, PIN - 683542
5 PAREEKUNHU
PARAKKUNNATH HOUSE, CHELAKKULAM, VENGOLA.P.O.,
ERNAKULAM DISTRICT, PIN - 683554
6 ABDUL SALAM
S/O. PAREEKUNHU, PARAKKUNNATH HOUSE, CHELAKKULAM,
VENGOLA.P.O., ERNAKULAM DISTRICT, PIN - 683554
W.P.(C) No.7952/2023
..2..
7 ABDUL SAMAD
S/O. PAREEKUNHU, PARAKKUNNATH HOUSE, CHELAKKULAM,
VENGOLA.P.O., ERNAKULAM DISTRICT, PIN - 683554
8 PATHUMMA
W/O. PAREEKUNHU, PARAKKUNNATH HOUSE, CHELAKKULAM,
VENGOLA.P.O., ERNAKULAM DISTRICT, PIN - 683554
9 KABEER.P.S.
S/O.SAIDUMUHAMMAD, PARAKKUNNATH HOUSE, CHELAKKULAM,
VENGOLA.P.O., ERNAKULAM DISTRICT, PIN - 683554
10 FAISAL
S/O.ISMAIL, PARAKKUNNATH HOUSE, CHELAKKULAM,
VENGOLA.P.O., ERNAKULAM DISTRICT, PIN - 683554
11 KUNJANTHU
PARAKKUNNATH HOUSE, CHELAKKULAM, VENGOLA.P.O.,
ERNAKULAM DISTRICT, PIN - 683554
12 JALEEL
S/O.KUNJANTHU, PARAKKUNNATH HOUSE, CHELAKKULAM,
VENGOLA.P.O., ERNAKULAM DISTRICT, PIN - 683554
13 KUNHUMUHAMMED
S/O.KOCHUPILLA, THACHAYIL HOUSE, CHELAKKULAM,
VENGOLA.P.O., ERNAKULAM DISTRICT, PIN - 683554
14 JALEEL
S/O.SAIDUMUHAMMED, PARAKKUNNATH HOUSE, CHELAKKULAM,
VENGOLA.P.O., ERNAKULAM DISTRICT, PIN - 683554
15 SALAM.M.S.
S/O.SAIDUMUHAMMED, MURINGASSERY HOUSE, CHELAKKULAM,
VENGOLA.P.O., ERNAKULAM DISTRICT, PIN - 683554
16 PATHUKUTTY
W/O.ISMAIL, PARAKKUNNATH HOUSE, CHELAKKULAM,
VENGOLA.P.O., ERNAKULAM DISTRICT, PIN - 683554
17 SABEENA
W/O.JALEEL, PARAKKUNNATH HOUSE, CHELAKKULAM,
VENGOLA.P.O., ERNAKULAM DISTRICT, PIN - 683554
SMT. REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.7952/2023
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DEVAN RAMACHANDRAN, J.
=========================
W.P.(C)No.7952 of 2023
==========================
Dated this the 20th day of June, 2024
JUDGMENT
It is obvious that this writ petition is no longer relevant,
nor can any of the reliefs sought for be granted because, it is
conceded by both sides that, pending this matter, the
jurisdictional Revenue Divisional Officer (RDO) has issued a
Stop Memo against the petitioner, from operating the Industrial
Unit in question. Pertinently, even though the petitioner says
that he has challenged the said Stop Memo, he has not been
able to obtain any orders and hence, affirms that he has now
been incapacitated from operating the unit.
2. However, today, Smt.Nayana Varghese - learned
counsel for the petitioner, made a plea that her client be
permitted to remove the raw materials in the Unit to his
factory, for which, the Police be directed to offer them
protection.
3. I am afraid that I cannot accede to the afore prayer
either because, it is beyond what has been sought for in this
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writ petition; and also for the further reason that, when the
RDO has issued the Stop Memo, it is for the petitioner to
approach the said Authority, or such other competent
Authority, to seek permission to remove the raw materials,
since this Court is not aware as to the nature of the same, or if
they are really raw materials or something else.
In the afore circumstances, I close this writ petition for
the afore reason; however granting liberty to the petitioner to
move any of the competent Authorities as per the relevant
statutes, so to impel his prayer for permission to remove the
raw materials.
Needless to say, if the petitioner is to obtain any such
permission and if anybody is to thereafter cause obstruction to
the same, then he will be at liberty to approach this Court with
a fresh writ petition; for which purpose, all contentions in that
regard are left open.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
ACR
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APPENDIX OF WP(C) 7952/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CONSENT TO OPERATE ISSUED
BY THE 4TH RESPONDENT DATED 23.12.2020
Exhibit P2 TRUE COPY OF THE LICENSE ISSUED BY THE
KIZHAKKAMBALAM GRAMA PANCHAYAT DATED
01.04.2022
Exhibit P3 TRUE COPY OF THE LICENCE ISSUED TO THE
PETITIONER TO RUN BIOTECH OILS UNDER THE
COCHIN DENATURED SPIRIT AND METHYL ALCOHOL
RULES DATED 20.04.2022
Exhibit P4 TRUE COPY OF THE NO-OBJECTION CERTIFICATE
ISSUED BY THE DISTRICT FIRE OFFICER, FIRE
AND RESCUE SERVICES DATED 22.05.2019
Exhibit P5 TRUE COPY OF THE COMMUNICATION
NO.PCB/EKM/DO2/GEN-57/2013 ISSUED BY THE
4TH RESPONDENT DATED 06.01.2023 TO THE
PETITIONER
Exhibit P6 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT DATED
24.01.2023
Exhibit P7 TRUE COPY OF THE COMMUNICATION NO.PCB/EKM-
2/ICO/0181/RNA687092/2023 ISSUED BY THE
4TH RESPONDENT TO THE PETITIONER DATED
02.03.2023
Exhibit P8 TRUE COPY OF THE COMPLAINT LODGED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
02.03.2023
Exhibit P9 TRUE COPY OF THE COMPLAINT LODGED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
04.03.2023
Exhibit1 P10 TRUE COPY OF THE FIRST INFORMATION REPORT
IN CRIME NO.121/2023 OF KUNNATHUNADU
POLICE STATION DATED 07.02.2023
Exhibit P11 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE KEEZHMADU KHADI AND VILLAGE INDUSTRIES
C-OPERATIVE SOCIETY LTD. NO.2253 DATED
10.03.2023
Exhibit P12 TRUE COPY OF THE COMMUNICATION
NO.PCB/EKM/DO-2/GEN-57/18 ISSUED BY THE
4TH RESPONDENT DATED 16.03.2023
Exhibit P13 TRUE COPY OF THE STOP MEMO ISSUED BY THE
REVENUE DIVISIONAL OFFICER DATED
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03.10.2023
Exhibit P14 TRUE COPY OF THE COMPLAINT LODGED BY THE
PETITIONER BEFORE THE STATION HOUSE
OFFICER, PATTIMATTAM DATED 02.05.2024
