Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE18H DAYOF JULY201427TH ASHADHA, 1936 WP(C).No. 17706 of 2014 (K) ---------------------------- PETITIONERS: --------------------- 1. M/S.FAIRLEAD LOGISTICS & TRADERS (P) LTD, 33/2440 E, COMPASS, N.H.BYEPASS, THAMMANAM, COCHIN-682 032, REPRESENTED BY ITS DIRECTOR, SHRI.N.M.ABDUL SHUKKOOR,AGED54 S/O MAMMU, NADUVILAKATH HOUSE, EDAVANAKKAD.P.O,ERNAKULAM DISTRICT-682 502.
2. N.M.ABDUL SHUKKOOR, DIRECTOR, M/S.FAIRLEAD LOGISTICS & TRADERS(P)LTD., 33/2440E, COMPASS, N.H.BYEPASS, THAMMANAM, COCHIN-682 032. BY ADVS.SRI.K.A.SHAMSUDEEN SRI.K.J.MOHAMMED ANZAR RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE ADDL.CHIEF SECRETARY(HOME), HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - PIN-695 001.
2. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA, PIN-683 101.
3. THE CIRCLE INSPECTOR OF POLICE, NORTH PARAVUR, ERNAKULAM DISTRICT, PIN-683 513.
4. THE SUB-INSPECTOR OF POLICE, N.PARAVUR POLICE STATION, N.PARAVUR, ERNAKULAM DISTRICT, PIN-683 513.
5. PRASAD, PAARAYATH HOUSE, VALLUVALLY, KOONAMMAVU.P.O., ERNAKULAM DISTRICT, PIN-683 518. R1 TO R4 BY GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1807-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(C).No. 17706 of 2014 (K) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS: --------------------------------------- EXT.P1 COPY OF THE CERTIFICATE IN FORM NO.1 ISSUED BY THE ASST.REGISTRAR OF COMPANIES,KERALA AND LAKSHADWEEP FOR THE PERIOD20092010 TO THE IST PETITIONER COMPANY,DATED NIL. EXT.P2 COPY OF THE PARTICULARS OF APPOINTMENT OF2D PETITIONER IN FORM NO.32 DATED1511.2012. EXT.P3 COPY OF MEMORANDUM OF ASSOCIATION AND ARTICLE OF ASSOCIATION,DATED NIL. EXT.P4 COPY OF THE MEMORANDUM OF UNDERSTANDING DATED3110.2011 BETWEEN M/S.ADI LOGISTICS AND WAREHOUSING(P)LTD.AND THE IST PETITIONER COMPANY. EXT.P5 COPY OF THE MEMORANDUM OF UNDERSTANDING DATED3110.2011 M/S.CONNECT WAREHOUSING(P)LTD.AND THE IST PETITIONER COMPANY SIMILAR TO EXT.P4. EXT.P6 COPYH OF THE MEMORANDUM OF UNDERSTANDING DATED13.2012 BETWEEN M/S.HK WAREHOUSING (INDIA)(P)LTD.AND THE IST PETITIONER COMPANY SIMILAR TO EXT.P4. EXT.P7 COPY OF THE BUILDING PERMIT NO.E3-28/5356/13 DATED157.2013 ISSUED BY THE KOTTUVALLY GRAMA PANCHAYATH TO THE IST PETITIONER COMPANY. EXT.P8 COPY OF THE COMPLAINT DATED57.2014 SUBMITTED BY THE2D PETITIONER BEFORE THE4H RESPONDENT. EXT.P9 COPY OF THE RECEIPT OF ACKNOWLEDGMENT DATED57.2014 ISSUED TO THE2D PETITIONER FROM THE NORTH PARAVUR POLICE STATION. RESPONDENT(S)' EXHIBITS: ------------------------------------------ N I L /TRUE COPY/ P.A.TO JUDGE Kss ASHOK BHUSHAN J.
& A.M.SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.17706 OF2014- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of July, 2014 JUDGMENT
Ashok Bhushan, J.
Heard learned counsel for the petitioners and the learned Government Pleader. No notice need be issued to respondent No.5, in view of the order which is being passed hereunder.
2. By this writ petition, the petitioners have prayed for a writ of mandamus directing the respondents 2 to 4 to grant adequate and necessary police protection to the first petitioner company to engage its staff and workers for continuing and completing the works of logistics park being constructed on the strength of Ext.P7 building permit. Petitioners case is that it has been granted all necessary permissions for construction of logistics park. It is further stated that the construction work had been in progress. When obstruction was caused by respondent No.5, petitioners have approached this Court seeking police protection.
3. Learned Government Pleader was allowed time to obtain instructions. He, after obtaining instructions, submitted that W.P.(C)No.17706 OF2014:
2. : respondent No.5 was called in the Police Station whose grievance is that construction activities carried out by the petitioners are causing environmental problems.
4. After having heard learned counsel for the parties, we are of the view that the petitioners, having necessary building permit for carrying out construction activities, are entitled to be protected by the police authority. In case, respondent No.5 has any grievance regarding environmental degradation or any other grievance, it is for him to move the competent authority for redressal of his grievances. We, however, are of the view that respondents 3 and 4 may ensure that there are no law and order problems and the petitioners are allowed to carry out their construction activities. With these directions, the writ petition is disposed of. ASHOK BHUSHAN, Judge A.M.SHAFFIQUE, Judge jes