Allowed

Sheeja Kumari v. State of Kerala

Kerala HC13 Jan 2020WP(C)/44/2020

Case brief

AI extract

What is this about?

In writ petitions, the High Court held that a petitioner possessing a valid D&O license and necessary clearances is entitled to police protection while operating her hollow bricks unit. The Court directed the Inspector of Police to provide protection against obstruction and stated that aggrieved parties claiming nuisance must approach the competent authority for redressal.

What did the court decide?

The Inspector of Police shall provide necessary police protection to the petitioner for operating the unit and against any obstruction caused to her by other persons.

Sheeja Kumari Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2020)

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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 A.MUHAMED MUSTAQUE

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MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941

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WP(C).No.44 OF 2020(E)

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PETITIONER:

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SHEEJA KUMARI, AGED 41 YEARS, D/O. SYAMALA, KUZHIVILA VEEDU, KEEZHAYIKONAM, NELLANAD P.O.,NELLANAD VILLAGE, VENJARAMOODU, NEDUMANGADU TALUK, TRIVANDRUM DISTRICT, PIN-695 606.

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BY ADV. SRI.R.B.RAJESH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM, PIN-695 010.

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2 THE SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM DISTRICT, PIN-695 033.

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3 THE INSPECTOR OF POLICE VENJARAMOODU POLICE STATION, VENJARAMOODU P.O., THIRUVANANTHAPURAM-605 607.

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4 M. SALIM AGED 59 YEARS S/O. MUHAMMAD ILLIAS, “SALMAN VILLA”, KEEZHAYIKONAM, NELLANAD P.O., NELLANAD VILLAGE, VENJARAMOODU, NEDUMANGAD TALUK, TRIVANDRUM DISTRICT, PIN 695 606.

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5 SALIM @ SABU AGED 45 YEARS S/O. MUHAMMAD SALI, ARAFA MANZIL, KEEZHAYIKONAM, NELLANAD P.O., NELLANAD VILLAGE, VENJARAMOODU, NEDUMANGAD TALUK, TRIVANDRUM DISTRICT, PIN 695 606.

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R4 BY ADV. SRI.RAJAN VISHNURAJ R4 BY ADV. SRI.V.HARISH

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W.P.(C) Nos.44 & 768/2020

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R4 BY ADV. SMT.JUHI JAYAPALAN

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OTHER PRESENT:

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SRI.PP THAJUDEEN, SENIOR GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.01.2020, ALONG WITH WP(C).768/2020(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.44 & 768/2020

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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 A.MUHAMED MUSTAQUE MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941

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WP(C).No.768 OF 2020(U)

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PETITIONER:

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SHEEJA KUMARI.S.R, AGED 41 YEARS D/O.SYAMALA, 'KUZHIVILA VEEDU', KEEZHAYIKONAM, NELLANAD P.O., NELLANAD VILLAGE, VENJARAMOODU, NEDUMANGAD TALUK, TRIVANDRUM DISTRICT, PIN- 695606.

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BY ADV. SRI.R.B.RAJESH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM, PIN- 695010.

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2 THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM DISTRICT, PIN- 695033.

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3 THE INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, VENJARAMOODU P.O., THIRUVANANTHAPURAM- 695607.

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4 THE NELLANAD GRAMA PANCHAYATH, NELLANAD P.O., VENJARAMOODU, THIRUVANANTHAPURAM, PIN- 695607.

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5 M.SALIM, AGED 59 YEARS S/O.MUHAMMAD ILLIAS, “SALMAN VILLA”, KEEZHAYIKONAM, NELLANAD P.O., NELLANAD VILLAGE, VENJARAMOODU, NEDUMANGAD TALUK, TRIVANDRUM DISTRICT, PIN- 695606.

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6 SALIM @ SABU, AGED 45 YEARS S/O.MUHAMMAD SALI, ARAFA MANZIL, KEEZHAYIKONAM, NELLANAD P.O., NELLANAD VILLAGE, VENJARAMOODU, NEDUMANGAD TALUK, TRIVANDRUM DISTRICT, PIN- 695606.

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W.P.(C) Nos.44 & 768/2020

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R4 BY ADV SRI.M.H HANIL KUMAR OTHER PRESENT:

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SRI.PP THAJUDEEN, SENIOR GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2020, ALONG WITH WP(C).44/2020(E), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.44 & 768/2020

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JUDGMENT

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[ WP(C).44/2020, WP(C).768/2020 ]

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Dated this the 13^th day of January 2020

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The petitioner in both the writ petitions is having D&O licence to operate a hollow bricks unit. It appears that she runs the unit in building No.NP XV/270(A) and NP XIV – 9 of Nellanad Grama Panchayath. The petitioner approached this Court for Police protection.

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The contesting respondents in W.P.(C) No.44 of 2020 submit

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that the petitioner does not have necessary licence from the Panchayath. Further it is submitted that the petitioner's unit is causing pollution and nuisance to neighbouring people. They also submitted that they have not caused any obstruction to run the unit.

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Learned Government Pleader, on instructions, submits that the petitioner is having D & O licence to run the unit.

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Learned counsel for the Panchayath also affirms the above submission.

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Having considered the facts and circumstances, this Court is of the view that the petitioner is entitled for Police protection. The Inspector of Police shall provide necessary Police protection to the petitioner for

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W.P.(C) Nos.44 & 768/2020

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operating the unit and from any obstruction being caused to her by other persons including the party respondents. The aggrieved persons, if any,

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can approach the local authority or any other competent authority if they

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are of the opinion that the unit is causing any nuisance or pollution to them.

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These writ petitions are disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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smp

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W.P.(C) Nos.44 & 768/2020

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APPENDIX OF WP(C) 44/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE D&O LICENSE ISSUED FROM THE NELLANAD GRAMA PANCHAYATH DATED 15.5.2019.

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EXHIBIT P2 TRUE COPY OF THE CONSENT TO OPERATE THE SAID UNIT ISSUED FROM THE POLLUTION CONTROL BOARD DATED 21.5.2018. EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 29.5.2017, ISSUED FROM LABOUR DEPARTMENT.

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EXHIBIT P4 TRUE COPY OF THE NO-OBJECTION CERTIFICATE FROM THE DEPARTMENT OF FIRE AND RESCUE DATED 20.6.2015. EXHIBIT P5 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 17.7.2018. EXHIBIT P6 COMPLAINT DATED 25.9.2019, MOVED BY THE 4TH RESPONDENT BEFORE THE PANCHAYATH SECRETARY. EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 11.11.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 11.11.2019 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS:

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EXHIBIT R4(a) A TRUE PHOTOCOPY OF RTI REPLY OBTAINED FROM THE ASSISTANT LABOUR OFFICER, ATTINGAL EVIDENCING THE MR.BINU P AS AN EMPLOYEE OF M/S AARAMAM ROCK PRIVATE LIMITED.

True Copy

P.S to Judge

smp

W.P.(C) Nos.44 & 768/2020

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APPENDIX OF WP(C) 768/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE RENT AGREEMENT DATED 10.12.2019, BETWEEN THE PETITIONER AND JEENA R.S.
EXHIBIT P2	TRUE COPY OF THE CERTIFICATE ISSUED FROM SECRETARY, NELLANAD GRAMA PANCHAYATH DATED 10.01.2020.
EXHIBIT P3	TRUE COPY OF THE D & O LICENSE NO.A9- 393/19, DATED 16.10.2019, ISSUED FROM THE NELLANAD GRAMA PANCHAYATH.
EXHIBIT P4	TRUE COPY OF THE CONSENT NO.PCB/TVM- DO/ICO/NDD/HLB/02/2020, DATED 03.01.2020 ISSUED FROM THE POLLUTION CONTROL BOARD.
EXHIBIT P5	TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 29.05.2017, ISSUED FROM LABOUR DEPARTMENT.
EXHIBIT P6	TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 17.07.2018.
EXHIBIT P7	COMPLAINT DATED 25.09.2019, MOVED BY THE 5TH RESPONDENT BEFORE THE PANCHAYATH SECRETARY.
EXHIBIT P8	TRUE COPY OF THE COMPLAINT DATED 11.01.2020 FILED BY THE PETITIONER BEFORE 3RD RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL.

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True Copy

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P.S to Judge

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smp

Sheeja Kumari v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sheeja Kumari v. State of Kerala

Case brief

What is this about?

What did the court decide?

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