Kerala High Court
Umarul Qayyoom Kh vs State Police Chief on 3 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:48261
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 20226 OF 2025
CRIME NO.405/2025 OF VIDYA NAGAR POLICE STATION, KASARAGOD
PETITIONER:
UMARUL QAYYOOM KH
AGED 34 YEARS
S/O MARIYAMBI, AL-HIND, MANYA,
ULLODY, BELA, KUMBLA,
KASARAGOD, PIN - 671321
BY ADVS.
SRI.R.ANAS MUHAMMED SHAMNAD
SRI.T.U.SUJITH KUMAR
SHRI.SALEEK.C.A.
SHRI.HAMDAN MANSOOR K.
RESPONDENTS:
1 STATE POLICE CHIEF
STATE POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695010
2 THE DISTRICT POLICE CHIEF
KASARAGOD DISTRICT,
OFFICE OF THE SUPERINTENDENT OF POLICE,
KASARAGOD, PIN - 671121
3 STATION HOUSE OFFICER
VIDYANAGAR POLICE STATION,
KASARAGOD DISTRICT, PIN - 671123
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W.P.(C) No.20226/2025
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4 ABDUL SALAM
BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
5 KABEER
PANNIPARA, BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
6 JABBAR
PANNIPARA BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
7 SHAMSEER
PANNIPARA BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
8 SIDDIQ
PANNIPARA, BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
9 SHAFI
PANNIPARA, BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
10 MAHIN
PANNIPARA, BARIKKAD, MUTTATHODY VILLAGE,
KASARAGOD, PIN - 671123
BY ADVS.
SHRI.KALEESWARAM RAJ
KUM.THULASI K. RAJ
SMT.CHINNU MARIA ANTONY
SMT.APARNA NARAYAN MENON
SRI. DHEERAJ A.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 01.07.2025, THE COURT ON 03.07.2025 DELIVERED
THE FOLLOWING:
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W.P.(C) No.20226/2025
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N. NAGARESH, J.
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W.P.(C) No.20226 of 2025
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Dated this the 3rd day of July, 2025
JUDGMENT
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The petitioner states that he is a member of
a Society actively engaged in charitable and philanthropic
activities in Kasaragod. He is the Director who manages the
day-today affairs of the "Abhayam Dialysis Centre" located at
Vidya Nagar, Kasaragod.
2. The petitioner states that on 26.05.2025,
respondents 4 to 10 trespassed into the premises of the
Dialysis Centre managed by the petitioner, dragged the
petitioner, beat him on his head, face and body and caused
the loss of an upper molar tooth. The petitioner lodged a
complaint which is registered as FIR No.405/2025 in the
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Vidya Nagar Police Station.
3. Respondents 4 to 10 have filed a writ
petition in the High Court seeking to stop the functioning of
the Dialysis Centre alleging environmental pollution. Though
the complaint lodged by the petitioner was registered, the
respondents continued to harass, intimidate and issued
threats to the petitioner.
4. The petitioner conceded that there are
allegations of pollution in the Dialysis Centre. The Dialysis
Centre was run with a capacity of 100. In order to avert
pollution, the petitioner has reduced the strength of Dialysis
from 100 to 50 per day. Nevertheless, respondents 4 to 10
are causing obstruction to the functioning of the Dialysis
Centre. Respondents 1 to 3, who are bound to give police
protection to the petitioner and to the Dialysis Centre, are
remaining as mute spectators.
5. When this writ petition came up for
admission on 30.05.2025, this Court passed an interim order
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directing the 3rd respondent to give adequate protection for
the peaceful functioning of the Dialysis Centre. Respondents
4 to 10 thereupon entered appearance and filed an
application to vacate the interim order.
6. Respondents 4 to 10 submitted that the
Chengala FHC Medical Officer conducted an inspection and
gave Ext.R4(e) report to the District Medical Officer,
Kanhangad. Ext.R4(e) report established that there was
heavy foul smell in the area, holes were found in the waste
collection tank, soil and rain water have swept into the soak
pit, the pipes attached to the waste water collection tank are
in broken condition and that there is a risk of epidemic
occurring in the area.
7. Ext.R4(f) notice was issued by the
Department of Health to the petitioner directing the petitioner
to ensure scientific treatment of waste water generated by
the Dialysis Centre. The Environmental Engineer issued
Ext.R4(g) letter directing the petitioner to clean the wells and
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dismantle the collection tank pit. Ext.R4(h) test report
showed that the TVS levels of the tested water sample is
812.5 while the acceptable limit is 500.
8. The counsel for respondents 4 to 10 pointed
out that the legality of conducting the Dialysis Centre of the
petitioner is the subject matter of a PIL, W.P.(C)
No.9865/2025, pending before a Division Bench of this
Court. The Division Bench has been passing interim orders
in the writ petition. While the matter is under consideration of
a Division Bench of this Court and when there is gross
pollution as per the reports of the statutory authorities, this
Court should not grant a police protection order in favour of
the petitioner enabling the petitioner to run the Dialysis
Centre violating legal provisions, urged the counsel for
respondents 4 to 10.
9. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing
respondents 1 to 3 and the learned counsel appearing for
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respondents 4 to 10.
10. The petitioner is the Director of a Dialysis
Centre functioning in Kasaragod. Respondents 4 to 10, who
are local residents, are aggrieved by the functioning of the
Dialysis Centre causing pollution in the area. Certain reports
produced by respondents 4 to 10 would indicate existence of
pollution consequent to the functioning of the Dialysis Centre
of the petitioner. However, according to the petitioner, the
Pollution Control Board has given certain direction to the
petitioner for abating the pollution and the petitioner is
running the Dialysis Centre strictly adhering to the directions
of the Pollution Control Board. The legality of Dialysis Centre
is a subject of matter pending consideration before a Division
Bench of this Court.
11. The Division Bench has not passed any
prohibitory interim or final orders requiring to stop functioning
of the Dialysis Centre. Neither the Medical authorities nor
the authorities under the Pollution Control Board nor the
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Local Self Government Institution concerned has passed any
order requiring the petitioner to stop the functioning of the
Dialysis Centre. Therefore, the petitioner will be within his
rights to run the Dialysis Centre, adhering to the directions if
any issued by the statutory authorities.
12. Respondents 4 to 10 do not have a right to
physically obstruct the functioning of the Dialysis Centre or to
assault the petitioner for running the Dialysis Centre. If
respondents 4 to 10 have any grievance regarding the
functioning of the Dialysis Centre, they have to approach the
competent statutory authorities for averting the pollution or to
stop the functioning of the Dialysis Centre.
The writ petition is therefore disposed of
directing respondents 1 to 3 to provide adequate and
effective police protection to the petitioner, his family
members and the Abhayam Dialysis Centre from the threat,
assault or harassment by respondents 4 to 10 or any
persons acting under their behest. Needless to say, this
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order of police protection will be subject to any orders that
may be passed by the Division Bench of this Court in W.P.
(C) No.9865/2025 and any orders which may be passed by
the competent statutory authorities concerned with the
functioning of the Dialysis Centre.
Sd/-
N. NAGARESH, JUDGE
aks/01.07.2025
2025:KER:48261
APPENDIX OF WP(C) 20226/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE FIR NO. 405/2025 AT
THE VIDYANAGAR POLICE STATION
Exhibit P2 A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit R4(a) TRUE COPY OF THE REPORT THAT WAS FILED
BY THE ENVIRONMENTAL ENGINEER, KERALA
STATE POLLUTION CONTROL BOARD,
DISTRICT OFFICE, KASARGODE IN WP(C)
NO.9865/2025 DATED 09.04.2025
Exhibit R4(b) TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT IN WP(C) NO.9865 / 2025
DATED 10.04.2025
Exhibit R4(c) TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT IN WP(C) NO.9865 / 2025
DATED 05.06.2025
Exhibit R4(d) TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT IN WP(C) NO.9865 / 2025
DATED 16.06.2025
RESPONDENT'S EXHIBITS
Exhibit R4(e) TRUE COPY OF THE REPORT SUBMITTED BY
THE CHENGALA FHC MEDICAL OFFICER TO
THE DISTRICT MEDICAL OFFICER,
KANHANGAD ALONG WITH ENGLISH
TRANSLATION.
Exhibit R4(f) TRUE COPY OF THE NOTICE NO.2/25-26
ISSUED BY THE DEPARTMENT OF HEALTH TO
THE PETITIONER ALONG WITH ENGLISH
TRANSLATION.
Exhibit R4(g) TRUE COPY OF THE LETTER ISSUED BY THE
DISTRICT ENVIRONMENTAL ENGINEER,
KERALA STATE POLLUTION CONTROL BOARD
TO THE PETITIONER DATED 27.05.2025.
Exhibit R4(h) TRUE COPY OF THE TEST REPORT
NO.KWA/QA/R/05/580/J/82/139 DATED
29.05.2025.
