MahIn Mohammed Shumaise Vs. the Superintendent of Police, Kasaragod - Court Judgment

SooperKanoon Citationsooperkanoon.com/1136335
CourtKerala High Court
Decided OnMar-26-2014
JudgeHON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
AppellantMahIn Mohammed Shumaise
RespondentThe Superintendent of Police, Kasaragod
Excerpt:
in the high court of kerala at ernakulam present: the hon'ble the chief justice dr. manjula chellur & the honourable mr.justice a.m.shaffique wednesday, the26h day of march20145th chaithra, 1936 wp(c).no. 7767 of2014(u) -------------------------------------- petitioners: --------------------- 1. mahin mohammed shumaise, aged24years, a/o.mohammed kunhi, k.k.puram, thalangara.p.o, kasaragod.2. m.abdul saleem, aged47years, s/o.m.moideen kunhi (late), residing at badaria mahal, mundamkulam, chemnad.p.o., kasaragod.3. m.mohammad ali, aged43years, s/o.m.moideen kunhi (late), residing at badaria mahal, mundamkulam, chemnad.p.o., kasaragod. by advs.sri.babu karukapadath, smt.m.a.vaheeda babu, sri.k.a.noushad, sri.p.u.vinod kumar, sri.kandampully rahul, sri.mithun baby john, sri.j.ramkumar. respondents: ----------------------- 1. the superintendent of police, kasaragod - 671 371.2. the deputy superintendent of police, kasaragod - 671 371.3. circle inspector of police, kasaragod - 671 371.4. the sub inspector of police, kasaragod- 671 371. prv. w.p.(c).no.7767/2014-u:5. the hindustan petroleum corporation ltd., mangalore l.p.g regional office, 2nd floor, "deo gratias" building, urwa - chillimbi, mangalore-575 006, represented by its regional manager.6. muralidharan nair, s/o.chandran nair, residing at kaindar house, chemnad village, kasaragod taluk, p.o.paravanadukkam - 671 371.7. k.upendran, s/o.kunhambu achari, residing at kaindar house, chemnad village, kasaragod taluk, p.o.paravanadukkam - 671 371.8. chandrasekharan nair, s/o.krishnan nair, residing at karicheri veedu, kaindar, chemnad village, kasaragod taluk, p.o.paravanadukkam-671 317.9. k.madhavan nair, s/o.kunhiraman nair, residing at prashanthi in chemnad village, p.o.paravanadukkam-671 317.10. babu, s/o.kunhiraman nair, residing at prashanthi in chemnad village, p.o.paravanadukkam-671 317.11. p.chathukutty nair, s/o.raman nair.a, arlotti house, perumbala village and post, kasaragod taluk-671 317.12. vinod kumarm s/o.damodharan nair (retired police), residing at kaindar in chemnad village, kasaragod taluk, p.o.paravanadukkam - 671 317.13. pavithran, s/o.damodharan nair (retired police), residing at kaindar in chemnad village, kasaragod taluk, p.o.paravanadukkam - 671 317.14. rajan, s/o.chandran nair, residing at kaindar house, chemnad village, kasaragod taluk, p.o.paravanadukkam - 671 317.15. natarajan s.v, arlotti house, perumbala village and post, kasaragod taluk-671 317. prv. w.p.(c).no.7767/2014-u:16. vagmi chandrasekharan, w/o.chandrasekharan nair, residing at karicheri veedu, kaindar, paravanadukkam-671 317.17. nikhil narayanan, s/o.chandrasekharan nair, residing at karicheri veedu, kaindar, paravanadukkam-671 317.18. rekha, d/o.radha and grand daughter of chandran nair, kaindar, paravanadukkam-671 317.19. rajan chokkadi, residing at kaindar, paravanadukkam-671 317.20. prajith, s/o.late kunhiraman nair, residing at kainthar, paravanadukkam-671 317. r1 to r4 by state attorney sri. p. vijayaraghavan, r6 to r20 by advs.sri.m.sasindran, sri.m.gopikrishnan nambiar. this writ petition (civil) having been finally heard on2603-2014, the court on the same day delivered the following: prv. w.p.(c).no.7767/2014-u: appendix petitioner's exhibits: p1: a true copy of the sale deed no.4105/1995 of s.r.o., kasaragod. p1(a): a true copy of the english translation of ext.p1. p2: a true copy of the letter of intent dated2103.2013 issued by the petroleum corporation to the petitioner. p3: a true copy of the building permit no.bl-13/13-14 issued by the chemnad grama panchayath for constructing lpg godown. p4: a true copy of the permission granted by deputy chief controller of explosives, chennai for constructing lpg godown in the property. p5: a true copy of the consent to establish issued by kerala state pollution control board. p6: a true copy of the noc issued by divisional officer, fire and rescue service, kozhikode. p6(a): a true copy of the english translation of exhibit p6. p7: a true copy of the lawyer notice dated2112.2013 issued to the1t petitioner. p8: a true copy of the reply notice dated131.2014 caused to be sent by the1t petitioner. p9: a true copy of the representation dated143.2014 submitted by the1t petitioners to the3d respondent. p10: a true copy of the distributionship application submitted by the1t petitioner. respondents' exhibits: ext.r9(a): a true copy of the representation submitted by the8h respondent before the panchayath. ext.r9(b): a true copy of the postal acknowledgement card evidencing receipt of ext.p.7 bythe secretary on2112/2013. //true copy// p.a. to judge. prv. manjula chellur, c.j.& a.m. shaffique, j.- - - - - - - - - - - - - - - - - - - - - - - - - - - - w.p.(c) no. 7767 of2014- - - - - - - - - - - - - - - - - - - - - - - - - - - - dated this the 26th day of march, 2014 judgment shaffique, j.petitioners have approached this court seeking police protection. petitioners are proposing to construct a godown in an extent of 3 acres and 9 cents of land in survey nos.67/2, 66/9b and 65/2 in chemnad village in kasaragod taluk. the said godown is being constructed for lpg cylinder storage and distributionship, on the basis of a direction issued by hindustan petroleum corporation. petitioners had obtained all necessary building permit and other licenses for the purpose of constructing the said godown. the complaint of petitioners is that party respondents are physically objecting to the said construction. though petitioners had approached the police, no action had been taken in this regard.2. counter affidavit is filed by the 9th respondent on behalf of other party respondents inter alia contending that the place where petitioners had put up godown is different from w.p.(c) no. 7767 of 2014 -:2:- the place shown in the application submitted by them. that apart several persons are residing in and around the said property and if the lpg godown starts functioning, it will endanger their life and property. according to him, it will be prejudicial to the people residing in the neighbourhood. it is further indicated that respondents have a right to object the grant of permit/licenses by competent authorities.3. learned state attorney on instructions would submit that when the petitioners attempted to start constructing the godown, about 25 persons including the party respondents objected the same and police has interfered in the matter. it is therefore clear that there is physical obstruction by party respondents or their men in the matter relating to construction of godown by the petitioners.4. admittedly petitioners are owners of the property in question. they have got necessary permissions/licenses for constructing the said building. if party respondents has a case that the said permission/license is issued illegally and that the lpg godown starts operating in the area will cause any harm or w.p.(c) no. 7767 of 2014 -:3:- danger to their life or property, it is open for them to challenge such license/permission before the appropriate authorities or a court of law. they cannot physically prevent or obstruct the petitioners and take law into their own hands. nor can they create a law and order situation. the party respondents are free to challenge the same before the appropriate authorities or a court of law. in the above circumstances, the writ petition is allowed as follows: the respondent police shall ensure maintenance of law and order situation in the area and shall also provide sufficient protection to the petitioners to carry out construction in the site aforementioned. manjula chellur, chief justice. a.m. shaffique, judge. ttb/26/03 w.p.(c) no. 7767 of 2014 -:4:-
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE26H DAY OF MARCH20145TH CHAITHRA, 1936 WP(C).NO. 7767 OF2014(U) -------------------------------------- PETITIONERS: --------------------- 1. MAHIN MOHAMMED SHUMAISE, AGED24YEARS, A/O.MOHAMMED KUNHI, K.K.PURAM, THALANGARA.P.O, KASARAGOD.

2. M.ABDUL SALEEM, AGED47YEARS, S/O.M.MOIDEEN KUNHI (LATE), RESIDING AT BADARIA MAHAL, MUNDAMKULAM, CHEMNAD.P.O., KASARAGOD.

3. M.MOHAMMAD ALI, AGED43YEARS, S/O.M.MOIDEEN KUNHI (LATE), RESIDING AT BADARIA MAHAL, MUNDAMKULAM, CHEMNAD.P.O., KASARAGOD. BY ADVS.SRI.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, SRI.K.A.NOUSHAD, SRI.P.U.VINOD KUMAR, SRI.KANDAMPULLY RAHUL, SRI.MITHUN BABY JOHN, SRI.J.RAMKUMAR. RESPONDENTS: ----------------------- 1. THE SUPERINTENDENT OF POLICE, KASARAGOD - 671 371.

2. THE DEPUTY SUPERINTENDENT OF POLICE, KASARAGOD - 671 371.

3. CIRCLE INSPECTOR OF POLICE, KASARAGOD - 671 371.

4. THE SUB INSPECTOR OF POLICE, KASARAGOD- 671 371. Prv. W.P.(C).NO.7767/2014-U:

5. THE HINDUSTAN PETROLEUM CORPORATION LTD., MANGALORE L.P.G REGIONAL OFFICE, 2ND FLOOR, "DEO GRATIAS" BUILDING, URWA - CHILLIMBI, MANGALORE-575 006, REPRESENTED BY ITS REGIONAL MANAGER.

6. MURALIDHARAN NAIR, S/O.CHANDRAN NAIR, RESIDING AT KAINDAR HOUSE, CHEMNAD VILLAGE, KASARAGOD TALUK, P.O.PARAVANADUKKAM - 671 371.

7. K.UPENDRAN, S/O.KUNHAMBU ACHARI, RESIDING AT KAINDAR HOUSE, CHEMNAD VILLAGE, KASARAGOD TALUK, P.O.PARAVANADUKKAM - 671 371.

8. CHANDRASEKHARAN NAIR, S/O.KRISHNAN NAIR, RESIDING AT KARICHERI VEEDU, KAINDAR, CHEMNAD VILLAGE, KASARAGOD TALUK, P.O.PARAVANADUKKAM-671 317.

9. K.MADHAVAN NAIR, S/O.KUNHIRAMAN NAIR, RESIDING AT PRASHANTHI IN CHEMNAD VILLAGE, P.O.PARAVANADUKKAM-671 317.

10. BABU, S/O.KUNHIRAMAN NAIR, RESIDING AT PRASHANTHI IN CHEMNAD VILLAGE, P.O.PARAVANADUKKAM-671 317.

11. P.CHATHUKUTTY NAIR, S/O.RAMAN NAIR.A, ARLOTTI HOUSE, PERUMBALA VILLAGE AND POST, KASARAGOD TALUK-671 317.

12. VINOD KUMARM S/O.DAMODHARAN NAIR (RETIRED POLICE), RESIDING AT KAINDAR IN CHEMNAD VILLAGE, KASARAGOD TALUK, P.O.PARAVANADUKKAM - 671 317.

13. PAVITHRAN, S/O.DAMODHARAN NAIR (RETIRED POLICE), RESIDING AT KAINDAR IN CHEMNAD VILLAGE, KASARAGOD TALUK, P.O.PARAVANADUKKAM - 671 317.

14. RAJAN, S/O.CHANDRAN NAIR, RESIDING AT KAINDAR HOUSE, CHEMNAD VILLAGE, KASARAGOD TALUK, P.O.PARAVANADUKKAM - 671 317.

15. NATARAJAN S.V, ARLOTTI HOUSE, PERUMBALA VILLAGE AND POST, KASARAGOD TALUK-671 317. Prv. W.P.(C).NO.7767/2014-U:

16. VAGMI CHANDRASEKHARAN, W/O.CHANDRASEKHARAN NAIR, RESIDING AT KARICHERI VEEDU, KAINDAR, PARAVANADUKKAM-671 317.

17. NIKHIL NARAYANAN, S/O.CHANDRASEKHARAN NAIR, RESIDING AT KARICHERI VEEDU, KAINDAR, PARAVANADUKKAM-671 317.

18. REKHA, D/O.RADHA AND GRAND DAUGHTER OF CHANDRAN NAIR, KAINDAR, PARAVANADUKKAM-671 317.

19. RAJAN CHOKKADI, RESIDING AT KAINDAR, PARAVANADUKKAM-671 317.

20. PRAJITH, S/O.LATE KUNHIRAMAN NAIR, RESIDING AT KAINTHAR, PARAVANADUKKAM-671 317. R1 TO R4 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN, R6 TO R20 BY ADVS.SRI.M.SASINDRAN, SRI.M.GOPIKRISHNAN NAMBIAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON2603-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C).NO.7767/2014-U: APPENDIX PETITIONER'S EXHIBITS: P1: A TRUE COPY OF THE SALE DEED NO.4105/1995 OF S.R.O., KASARAGOD. P1(A): A TRUE COPY OF THE ENGLISH TRANSLATION OF EXT.P1. P2: A TRUE COPY OF THE LETTER OF INTENT DATED2103.2013 ISSUED BY THE PETROLEUM CORPORATION TO THE PETITIONER. P3: A TRUE COPY OF THE BUILDING PERMIT NO.BL-13/13-14 ISSUED BY THE CHEMNAD GRAMA PANCHAYATH FOR CONSTRUCTING LPG GODOWN. P4: A TRUE COPY OF THE PERMISSION GRANTED BY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, CHENNAI FOR CONSTRUCTING LPG GODOWN IN THE PROPERTY. P5: A TRUE COPY OF THE CONSENT TO ESTABLISH ISSUED BY KERALA STATE POLLUTION CONTROL BOARD. P6: A TRUE COPY OF THE NOC ISSUED BY DIVISIONAL OFFICER, FIRE AND RESCUE SERVICE, KOZHIKODE. P6(A): A TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P6. P7: A TRUE COPY OF THE LAWYER NOTICE DATED2112.2013 ISSUED TO THE1T PETITIONER. P8: A TRUE COPY OF THE REPLY NOTICE DATED131.2014 CAUSED TO BE SENT BY THE1T PETITIONER. P9: A TRUE COPY OF THE REPRESENTATION DATED143.2014 SUBMITTED BY THE1T PETITIONERS TO THE3D RESPONDENT. P10: A TRUE COPY OF THE DISTRIBUTIONSHIP APPLICATION SUBMITTED BY THE1T PETITIONER. RESPONDENTS' EXHIBITS: EXT.R9(A): A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE8H RESPONDENT BEFORE THE PANCHAYATH. EXT.R9(B): A TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD EVIDENCING RECEIPT OF EXT.P.7 BYTHE SECRETARY ON2112/2013. //TRUE COPY// P.A. TO JUDGE. Prv. Manjula Chellur, C.J.

& A.M. Shaffique, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7767 OF2014- - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2014 JUDGMENT

Shaffique, J.

Petitioners have approached this Court seeking police protection. Petitioners are proposing to construct a godown in an extent of 3 acres and 9 cents of land in survey Nos.67/2, 66/9B and 65/2 in Chemnad Village in Kasaragod Taluk. The said godown is being constructed for LPG cylinder storage and distributionship, on the basis of a direction issued by Hindustan Petroleum Corporation. Petitioners had obtained all necessary building permit and other licenses for the purpose of constructing the said godown. The complaint of petitioners is that party respondents are physically objecting to the said construction. Though petitioners had approached the Police, no action had been taken in this regard.

2. Counter affidavit is filed by the 9th respondent on behalf of other party respondents inter alia contending that the place where petitioners had put up godown is different from W.P.(C) No. 7767 of 2014 -:2:- the place shown in the application submitted by them. That apart several persons are residing in and around the said property and if the LPG godown starts functioning, it will endanger their life and property. According to him, it will be prejudicial to the people residing in the neighbourhood. It is further indicated that respondents have a right to object the grant of permit/licenses by competent authorities.

3. Learned State Attorney on instructions would submit that when the petitioners attempted to start constructing the godown, about 25 persons including the party respondents objected the same and Police has interfered in the matter. It is therefore clear that there is physical obstruction by party respondents or their men in the matter relating to construction of godown by the petitioners.

4. Admittedly petitioners are owners of the property in question. They have got necessary permissions/licenses for constructing the said building. If party respondents has a case that the said permission/license is issued illegally and that the LPG godown starts operating in the area will cause any harm or W.P.(C) No. 7767 of 2014 -:3:- danger to their life or property, it is open for them to challenge such license/permission before the appropriate authorities or a court of law. They cannot physically prevent or obstruct the petitioners and take law into their own hands. Nor can they create a law and order situation. The party respondents are free to challenge the same before the appropriate authorities or a court of law. In the above circumstances, the Writ Petition is allowed as follows: The respondent Police shall ensure maintenance of law and order situation in the area and shall also provide sufficient protection to the petitioners to carry out construction in the site aforementioned. Manjula Chellur, Chief Justice. A.M. Shaffique, Judge. ttb/26/03 W.P.(C) No. 7767 of 2014 -:4:-