John Jacob Vs. the Circle Inspector of Police - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE26H DAY OF MAY20145TH JYAISHTA, 1936 WP(C).No. 11613 of 2014 (B) ---------------------------- PETITIONER(S): -------------- JOHN JACOB, AGED49YEARS, S/O YOCOB, PARTNER, MARIYA GRANITES MALLIKASSRI (P.O), CHATHANKULAM, PAIKA KOTTAYAM DISTRICT BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): ------------- 1. THE CIRCLE INSPECTOR OF POLICE PALA CIRCLE OFFICE, PALA (P.O) KOTTAYAM DISTRICT68657 2. THE SUB INSPECTOR OF POLICE, PALA POLICE STATION, PALA (P.O) IDUKKI DISTIRCT68657 3. K.S JOSEPH, KANIYAMPARAMBIL HOUSE, MALLIKASSERI (P.O) CHATHANKULAM, PALA, KOTTAYAM DISTRICT68657 4. ANI, KUTTIYANIKKAL HOUSE, MALLIKASSERI (P.O), CHATHANKULAM PALA KOTTAYAM DISTRICT68657 5. SAJI, MUTHANATTU HOUSE, MALLIKASSERI (P.O), CHATHANKULAM PALA, KOTTAYAM DISTRICT67657 6. KUTTAPPAN, KADALIKATTU HOUSE, MALLIKASSERI (P.OP), CHATHANAKULAM PALA, KOTTAYAM DISTRICT68657 7. BHASKARAN, KARIMUNDAYIL HOUSE, MALLIKASSERI (P.O), CHATHANKULAM PALA, KOTTAYAM DISTRICT67657 8. SAJU K JOSEPH, KANIYAMPARAMBIL HOUSE, MALLIKASSERI (P.O) CHATHANKULAM, PALA, KOTTAYAM DISTRICT68657 :2: WP(C) NO. 11613 OF20149. JASEED, PARITHIRICKAL HOSUE, MALLIKASSERI (P.O), CHATHANKULAM PALA, KOTTAYAM DISTIRCT68657 10. ANEESH MECKEKATTU HOUSE, MALLIKASSERI (P.O), CHATHANKULAM PALA, KOTTAYAM DISTRICT67657 11. KUTTICHAN, ILLICHIRA HOUSE, MALLIKASSERI (P.O), CHATHANKULAM PALA, KOTTAYAM DISTRICT67657 R1 and R2 BY SPECIAL GOVERNMENT PLEADER SRI. SUJITH MATHEW JOSE R3,R5-R11BY ADV. SRI.JOHN JOSEPH VETTIKAD R3,R5-R11BY ADV. SRI.C.JOSEPH JOHNY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON26 05-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11613 of 2014 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 TRUE COPY OF THE LEASE DEED EXECUTED BETWEEN THE STATE OF KERALA, AND THE MANAGING PARTNER OF THE FIRM DATED1302-2012 VALID UPTO1202-2024 EXHIBIT P2 A TRUE COPY OF THE FORM LE-3 LICENSE ISSUED UNDER THE EXPLOSIVE RULES, 2008 BY THE JOINT CHIEF CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI DATED0801-2003 VALID AND RENEWED UPTO3103-2017 EXHIBIT P3 A TRUE COPY OF HTE CONSENT TO OPERATE THE QUARRY OF THE PARTNERSHIP FIRM ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE MANAGING PARTNER OF THE FIRM DATED2208-2012 VALID UPTO3006-2015 EXHIBIT P4 TRUE COPY OF THE CONSENT TO OPERATE THE CRUSHER UNIT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PARTNERSHIP FIRM DATED2603-2011 RENEWED AND VALIDATED UPTO3006-2015 EXHIBIT P5 TRUE COPY OF THE D & O LICENSE ISSUED BY THE MEENACHIL GRAMA PANCHAYAT TOTHE MANAGING PARTNER OF THE FIRM DATED0601-2014 VALID UPTO3103-2014 EXHIBIT P6 A TRUE COPY OF THE D& O LICENSE DATED0504-2013 ISSUED BY THE MEEMACHI GRAMA PANCHAYAT TO THEMANAGING PARTNER OF THE PARTNERSHIP FIRM FOR THE RUNNING ITS METAL CRUSHER UNIT EXHIBIT P7 TRUE COPY OF THD RECEIPT DATED0504-2014 ACCEPTING LICENSE FEE ISSUED BY THE MEENACHIL GRAMA PANCHAYAT FOR RENEWAL FOR THE EXHIBITS P5 & P6 EXHIBIT P8 A TRUE COPY OF THE FIRST INFORMATION REPORT DATED2004- 2014 FILED BY THE SECOND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PALA EXHIBIT P9 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED2104-2014 EXHIBIT P10 TRUE COPY OF THE RECEIPT ACKNOWLEDGING EXHIBIT P9 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONERDATED2104-2014 EXHIBIT P11 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE SECOND RESPONDENT DATED2104-2014 EXHIBIT P12 A TRUE COPY OF THE RECEIPT ACKNOWLEDGING EXHIBIT P11 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED2204-2014 EXHIBIT P13 A TRUE COPY OF THE MINUTES OF THE EXTRA ORDINARY GENERAL BODY MEETING CONVENED BY THE MEENACHIL GRAMA PANCHAYAT DATED2204-2014 RESPONDENT(S)' EXHIBITS ; NIL ----------------------- /TRUE COPY/ P.A. TO JUDGE MANJULA CHELLUR, C.J & P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 11613 of 2014 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 26th day of May, 2014 JUDGMENT

Manjula Chellur, C.J.

The petitioner is before this Court seeking police protection complaining that party respondents and their supporters are obstructing the petitioner from carrying on his business of metal crushing and quarry within the territorial limits of Meenachil Grama Panchayath. According to him, he has proper licence valid up to 2015. In spite of it party respondents creating troubles therefore he needs police protection.

2. Government Advocate placed on record information that on 19.04.2014 on account of heavy rain, bund put up within the property of the petitioner was damaged and polluted water rushed to the public road, which was causing great threat W.P.(C) No. 11613 of 2014 :2: to human life in the area. This gave rise to some agitations in the minds of public, which came to the notice of police. A large number of police attended the said gathering and disbursed the public. Petitioner subsequently reconstructed the bund and there is no problem so far as polluted water entering public place from the property of petitioner. According to the respondents' counsel, though quarry operations and metal crushing operations of petitioner fall within the limits of two Panchayaths, he has taken permission only from one Panchayath and according to him, petitioner's licenses are not in order. If petitioner is carrying on business violating any of procedural or statutory guidelines, it is up to the respondents to approach concerned authorities and lodge complaints or approach the Court concerned for proper remedy. They cannot take law into their hands. However the learned Government Advocate submits, except on 19.04.2014 pertaining to damage to the bund constructed by the petitioner, public never created any nuisance to the smooth functioning of W.P.(C) No. 11613 of 2014 :3: the petitioner's units and if such law and order problem is created, the police would attend the same.

3. In the light of above facts placed on record, we are of the opinion no circumstances are made out to issue a positive direction. Accordingly the Writ Petition is disposed of. Sd- MANJULA CHELLUR, (CHIEF JUSTICE) Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd