Kerala High Court
Arjun B.G vs District Police Chief Kollam on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 23477 OF 2023
PETITIONER:
ARJUN B.G., AGED 28 YEARS
S/O BHASKARAN, ANUGRAHAM, KAMBALAKKAD P.O,
KARIMBETTA, WAYANAD, PIN - 673122
BY ADV JOMY K. JOSE
RESPONDENTS:
* 1 DISTRICT POLICE CHIEF KOLLAM
LINK ROAD, ASRAMAM, KOLLAM, PIN - 691001
corrected as : DISTRICT POLICE CHIEF KOLLAM (RURAL),
T.B.JUNCTION, KOTTARAKKARA, KERALA - 691506)
(address corrected as per order dated 13.09.2023 in IA
2/2023.)
2 THE STATION HOUSE OFFICER
POOYAPPALLY POLICE STATION, POOYAPPALLY P.O, KOLLAM,
PIN - 691537
3 ENVIRONMENTAL ENGINEER KOLLAM
KERALA STATE POLLUTION CONTROL BOARD, USHUS BUILDING,
BIG BAZAR KOLLAM, KOLLAM, PIN - 691001
4 DISTRICT LEVEL FACILITATION AND MONITORING COMMITTEE,
KOLLAM, REPRESENTED BY ITS CHAIRMAN, COLLECTORATE,
CIVIL STATION ROAD, KOLLAM, PIN - 691013
5 GEORGE KOVOOR, KOVOOR ESTATE, MULAYIRACHAAL,
CHERIYAVELINELLOOR P.O, KOLLAM, PIN - 691516
6 CHENGOOR SURESH, KKP HOUSE,
MANDALAM PRESIDENT, INDIAN NATIONAL CONGRESS, CHENGOOR,
CHERUVAKKAL P.O, KOLLAM, PIN - 691533
7 ADV. M. ANSAR
ANEESH COTTAGE, OYOOR, OYOOR P.O, KOLLAM, PIN - 691510
WP(C) NO. 23477 OF 2023
2
8 YUSUF PLAMUTTAM, PRESIDENT, WELFARE PARTY,
VATTAPARA, CHERIYAVELINELLOOR P.O, KOLLAM, PIN -
691516
9 STATE POLICE CHIEF, POLICE HEADQUARTERS,
THIRUVANANTHAPURAM - 695014
10 DEPUTY SUPERINTENDENT OF POLICE KOTTARAKKARA
KOLLAM DISTRICT - 691506
ALEXANDER JOSEPH
CHANDRASEKHAR P
JENNY THANKAM(J-541)
C.RAMAN(K/1133/1995)
ANOOP KRISHNAN E.R(K/1276/2018)
ANAND SANKAR(K/000657/2018)
REGIMOL M.K.(K/213/2018)
AKHILASREE BHASKARAN(K/001344/2016)
ANTONY NIKHIL REMELO(K/001065/2022)
SMT.REKHA C.NAIR, SENIOR G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 23477 OF 2023
3
JUDGMENT
When this matter was called today, learned counsel for the
petitioner - Sri.Jomy K.Jose, conceded that pending this lis, the
licence earlier obtained by his client has expired. He submitted
that his client has, in fact, filed W.P.(C) No.17328/2024 in such
regard and requested that either this writ petition be heard
along with it, or that it be closed with liberty for his client to
approach this Court again, depending upon the decision in the
said writ petition.
2. I have no doubt that when the petitioner himself admits
that he does not have licence to run the business as of now, an
application for protection cannot be directed to be considered by
the Police.
3. In the afore circumstances, I close this writ petition;
however, leaving full liberty to the petitioner to approach this
Court again to seek reliefs, including those sought herein,
subject to obtaining all necessary licences to run the business.
Needless to say, all rival contentions impelled in this writ
petition are left open.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 23477 OF 2023
APPENDIX OF WP(C) 23477/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED
BY THE KERALA STATE POLLUTION CONTROL BOARD
VIDE CONSENT NUMBER
KSPCB/KL/ICO/10009408/2022 ISSUED ON 22-09-
Exhibit P2 A TRUE COPY OF THE LICENCE ISSUED BY
VELINELLUR GRAMA PANCHAYAT KOLLAM DATED 08-
05-2023 ISSUED VIDE NUMBER 117/2023/2619
Exhibit P3 A TRUE COPY OF THE PERMISSION ISSUED BY THE
DISTRICT LEVEL FACILITATION AND MONITORING
COMMITTEE KOLLAM DISTRICT DATED 03-01-2023 BY
ORDER NUMBER DSM/KLM/TC/DLFMC-01/2022-23
Exhibit P4 A TRUE COPY OF THE LICENCE ISSUED BY THE
DEPARTMENT OF FACTORIES AND BOILERS DATED 09-
01-2023 VIDE REGISTRATION NUMBER
D03/KUR/11/522/2023
Exhibit P5 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER DATED 16-07-2023
Exhibit P6 A TRUE COPY OF THE RECEIPT OF COMPLAINT DATED
17-07-2023
Exhibit P7 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
17662 OF 2021 DATED 26-10-2021
RESPONDENT EXHIBITS
Exhibit R5(A) True copy of the Application dated 16/12/2022
Exhibit R5(B) True copy of the Judgment dated 30/01/2023 in
WP(C) No 2786/2023 of this Hon'ble Court
Exhibit R5(C) True copy of the Notice dated 01/07/2023
issued by the Taluk Land Board , Kollam
Exhibit R5(D) True copy of the minutes of the hearing dated
14/07/2023 of the Taluk Land Board, Kollam
Exhibit R5(E) True copy of the order dated 14/07/2023 of
the Taluk Land Board, Kollam
WP(C) NO. 23477 OF 2023
Exhibit-R8(a) True copy of the order dated 21-12-2021 in
W.P.(c) 24649/2021
Exhibit-R8(b) True copy of the minutes dated 4-09-2023 in
the D.L.F.M.C. Meating convened by by the
district collector kollam
PETITIONER EXHIBITS
Exhibit P8 A true copy of the judgment in W.P.(C) No.
40514/2022 dated 16-01-2023
Exhibit P9 A true copy of the judgment in W.A.No.
763/2023 dated 12-04-2023
Exhibit P10 A true copy of the interim order in W.P.(C)
No. 29741/2023 dated 11-09-2023
Exhibit P11 A true copy of the order dated 13-09-2023 in
Exhibit P12 A true copy of the Fir in Crime No. 1239/2023
of Pooyappally Police Station, Kollam
district dated 28-08-2023
Exhibit P13 A true copy of the FIR in Crime No. 1198/2023
of Pooyappally Police Station, Kollam
district dated 21-08-2023
