Writ petition challenging police interference with a brick manufacturing unit and seeking direction to issue dealer's licence. Court issued conditional directions pending licence status.
Directed respondents not to interfere if petitioners obtain manufacturing registration and dealer's licence; otherwise, respondents may take action.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 16TH DAY OF FEBRUARY 2016/27TH MAGHA, 1937
WP(C).No. 2225 of 2016 (C)
PETITIONER :
PRATHAPAN S/O.KARUNAKARAN, AGED 45 YEARS MOOTHEDATHU HOUSE, MEVALLOOR P.O., VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT.
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S) :
1. DEPUTY SUPERINTENDENT OF POLICE SPECIAL BRANCH, KOTTAYAM DISTRICT-686 609.
2. THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY KOTTAYAM DISTRICT-686 609.
3. THE SUB INSPECTOR OF POLICE, VELLOOR POLICE STATION, KOTTAYAM DISTRICT-686 609.
4. THE INSPECTOR OF POLICE KADATHURUTHY POLICE STATION KOTTAYAM DISTRICT-686 609.
5. THE VILLAGE OFFICER, MULAKULAM VILLAGE,
KOTTAYAM DISTRICT-686 609.
R1 TO R5 BY GOVT. PLEADER SRI. MANOJ P. KUNJACHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-02-2016, ALONG WITH WP(C). NO. 2226/2016 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 2225 of 2016 (C)
APPENDIX
PETITIONER(S)' EXHIBITS :
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
Mn
A.MUHAMED MUSTAQUE, J.
W.P.(C).Nos.2225/2016, 2226/2016, 2227/2016 & 2247/2016
Dated this the 16th Day of February, 2016
J U D G M E N T
The petitioners have approached this Court seeking a direction
against respondents and their subordinate officers not to interfere
with the brick manufacturing unit of the petitioners and also seeking
for a direction to issue dealer's licence to the petitioners.
manufacturing unit for want of registration. Considering the facts
and circumstances, the following directions are issued:
If the petitioners have obtained manufacturing registration as
well as the dealers' licence, the respondents shall not interfere with
the petitioners' activities relating to the manufacture of bricks as also
W.P.(C).Nos. 2225/2016, 2226/2016, 2227/2016 & 2247/2016
dealership of minerals. However, if the petitioners do not have the
requisite licences, the respondents are free to take action against
them.
The writ petitions are disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
3 issues framed by the court
Whether police and other authorities can interfere with the petitioners' brick manufacturing unit while they seek dealer's licence.
Whether the petitioners are entitled to a direction to issue dealer's licence.
Whether respondents can interfere with brick manufacturing if requisite registrations and dealer's licence are obtained.
PRATHAPAN S/O KARUNAKARAN
DEPUTY SUPERINTENDENT OF POLICE SPECIAL BRANCH
DISTRICT GEOLOGIST
SUB INSPECTOR OF POLICE VELLOOR
INSPECTOR OF POLICE KADATHURUTHY
VILLAGE OFFICER MULAKULAM
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
