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John Jacob

High Court Of Kerala|26 May, 2014
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JUDGMENT / ORDER

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
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Title

John Jacob

Court

High Court Of Kerala

JudgmentDate
26 May, 2014
Judges
  • Manjula Chellur
  • P R Ramachandra Menon
Advocates
  • Sri Jobi Jose
  • Kondody