Allowed

Malabar Gold Pvt. Ltd. v. State of Kerala

Kerala HC18 Feb 2016WP(C)/34822/2014

Case brief

AI extract

What is this about?

In this writ petition, the Kerala High Court made an earlier order dated 19.12.2014 absolute. The order directed police respondents to maintain law and order and ensure police protection for the petitioner's construction activities in the KINFRA Technical Industrial Park for a gold manufacturing unit.

What did the court decide?

The order dated 19.12.2014 directing the police to ensure law and order and provide protection for the petitioner's construction activities is made absolute.

Malabar Gold Pvt. Ltd. Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 18TH DAY OF FEBRUARY 2016/29TH MAGHA, 1937

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WP(C).No. 34822 of 2014 (C)

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PETITIONER(S):

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MALABAR GOLD PVT LTD. 41/2299, 3RD FLOOR, MALABAR GATE, RAM MOHAN ROAD, PUTHIYARA POST, CALICUT - 673 004. REPRESENTEDBY ITS DIRECTOR ASHER O., S/O.MOHAMMED KOYA, RESIDING AT MONS, CHERUMANNESSETY ROAD, CALICUT.

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BY ADVS.SRI.DEVAN RAMACHANDRAN

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SRI.JITHESH MENON SRI.ADARSH KUMAR SRI.K.M.ANEESH SRI.BIJU VARGHESE ABRAHAM

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. KINFRA, REPRESENTED BY ITS SECRETARY, KINFRA HOUSE, 14/1206, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001.

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3. THE DEPUTY SUPERINTENDENT OF POLICE, MALAPPURAM - 676 505.

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4. THE CIRCLE INSPECTOR OF POLICE, THIRURANGADI, MALAPPURAM - 676 505.

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5. THE SUB INSPECTOR OF POLICE, THENJIPPALAM, MALAPPURAM - 676 505.

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6. SHAREEF N, VADAKKEKANDI HOUSE, CALICUT UNIVERSITY P.O.MALAPPURAM - 673 635.

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7. A.BALAKRISHNAN, S/O.CHATHU, VISAKH KOORKANPARAMBU, CALICUT UNIVERSITY P.O., MALAPPURAM - 673 635.

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8. T.V.SRIDHARAN, S/O.KANDAKUTTY, KOORKANPARAMBIL HOUSE, KAKKANCHERY POST, CALICUT UNIVERSITY P.OMALAPPURAM - 673 635.

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R6-R8 BY ADVS. SRI.K.RAMAKUMAR (SR.) SRI.S.M.PRASANTH SRI.C.DINESH SMT.AMMU CHARLES SRI.G.RENJITH SMT.ASHA BABU SMT.JINNU SARA GEORGE SRI.M.GOPIKRISHNAN NAMBIAR R1, R3, R4 & R5 BY SRI.SOJAN JAMES, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34822 of 2014 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXT.P-1: TRUE COPY OF THE ORDER DATED 13.6.2014 PASSED BY THE NATIONAL GREEN TRIBUNAL.

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EXT.P-2: TRUE COPY OF THE FIR DATED 17.12.2014.

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EXT.P-3: TRUE COPY OF THE CONSEQUENT REPORT DATED 17.12.2014.

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EXT.P-4: TRUE COPY OF THE REQUEST MADE BY THE 2ND RESPONDENT DATED 18.12.2014.

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EXT.P-5: TRUE COPY OF THE REQUEST MADE BY THE PETITIONER FOR POLICE PROTECTION DATED 17.12.2014.

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RESPONDENT(S)' EXHIBITS - NIL

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//TRUE COPY//

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P.A TO JUDGE

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THOTTATHIL B.RADHAKRISHNAN &

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ANU SIVARAMAN, JJ.

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W.P.(C).No.34822 of 2014

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Dated this the 18^th day of February, 2016 J U D G M E N T

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Thottathil B.Radhakrishnan, J.

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1.This is a petition filed seeking direction to the Police to ensure that law and order is maintained and to afford police protection for the construction activities of a unit in KINFRA.

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2.Read order dated 19.12.2014. It is to the following effect:

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“Issue notice to the respondent Nos.2, 6, 7 and 8.

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Learned counsel for the petitioner submits that petitioner is constructing a building in the Industrial Park called “KINFRA Technical Industrial Park” for setting up a gold manufacturing unit. It is submitted that “KINFRA”has already written a letter, Ext.P4 for ensuring and maintaining law and order and to prevent trespass into the premises.

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WPC.No.34822/14

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Respondents 4 and 5 shall ensure that law and order is maintained in the premises of petitioner.

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List after service of notice.”

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3.All that is required at this point of time is to ensure that the aforesaid fact situation is obtained to continue so that there will be smooth activities in relation to the construction in question.

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In the result, the aforesaid order dated 19.12.2014 is made absolute and the writ petition is ordered accordingly. This order shall not however stand in the way of the competent statutory authority interdicting construction which is not in accordance with necessary permit as is required in terms of law.

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Sd/- (THOTTATHIL B.RADHAKRISHNAN, JUDGE)

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Sd/- (ANU SIVARAMAN, JUDGE)

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//TRUE COPY//

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P.A TO JUDGE

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Malabar Gold Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Malabar Gold Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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