Shareef P.B v. Inspector of Police, Kalady Police Station, Ernakulam District and Prince A.P.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942** ## **WP(C).No.28792 OF 2020(Y)** ## **PETITIONER:** **SHAREEF P.B AGED 50 YEARS S/O BEERAN P.K, MANAGING PARTNER, M/S GRAND POLYMER, KUZHIYAMPADAM, VALLAM, OKKAL P.O.ERNAKULAM DISTRICT, PIN-683 550 BY ADV. SMT.K.P.GEETHA MANI** ## **RESPONDENTS:** |**1**|**THE INSPECTOR OF POLICE**| |---|---| ||**KALADY POLICE STATION, ERNAKULAM DISTRICT,PIN-**| ||**683 574.**| |**2**|**PRINCE A.P.**| ||**S/O PONNAPPAN, AMBHAT HOUSE, KARIYAMPADAM**| ||**DESAM, MANJAPRA P.O.ERNAKULAM DISTRICT, PIN-683**| ||**581.**| ||**R2 BY ADV. SRI.MANSOOR.B.H.**| ||**SMT A.C.VIDHYA - GOVERNMENT PLEADER**| **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)No.28792 of 2020 2 ## **JUDGMENT** The petitioner, who has started the installation work of a Gum Manufacturing Unit, namely, 'Grand Polymers', in Manjapra Grama Panchayat, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent Inspector of Police, Kalady Police Station, to give adequate and effective police protection to the petitioner for completing the installation work of his establishment, in the light of Exts.P2 to P7, without any obstruction from the 2[nd] respondent and his men. The petitioner has also sought for a declaration that he is entitled to establish the unit by installing the required machineries and other equipments in the light of Exts.P2 to P7 permissions/licences issued by the competent authorities, without any obstruction from the 2[nd] respondent and his supporters; and a writ of mandamus commanding the 1[st] respondent to take appropriate action against the 2[nd] respondent and his men to see that no obstruction is caused to the petitioner or his employees, who are engaged in the establishment of the Polymer Unit as per the permissions/licences granted to him vide Exts.P2 to P7. WP(C)No.28792 of 2020 3 2. The document marked as Ext.P1 is an order passed by the Tribunal for Local Self Government Institutions dated 13.08.2018 in Appeal No.17 of 2018, whereby the Manjapra Grama Panchayat was directed to reconsider the application made by the petitioner for establishment permit afresh, as stipulated in Section 233 of the Kerala Panchayat Raj Act, 1994. To substantiate the fact that the petitioner is having the required statutory permission/consent for establishing the Gum Manufacturing Unit in question, he would place reliance on Ext.P2 No Objection Certificate dated 09.11.2018 granted by the District Medical Officer, Ernakulam; Ext.P3 No Objection Certificate No.G5361/2018 dated 14.09.2018 issued by the District Fire Officer, Ernakualm; Ext.P4 consent variation order dated 24.01.2019 issued by the Environmental Engineer of the Kerala State Pollution Control Board, which is valid till 18.12.2022; Ext.P5 approved site plan; Ext.P6 deemed licence issued by the Single Window Clearance Board dated 07.03.2019; and Ext.P7 certificate dated 07.03.2019 issued by the General Manager of the District Industries Centre, Ernakulam. 3. On 22.12.2020, when this writ petition came up for WP(C)No.28792 of 2020 4 admission, notice before admission was ordered to the respondents. The learned Government Pleader took notice for the 1[st] respondent. Urgent notice by special messenger was ordered to the 2[nd] respondent. 4. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for the 1[st] respondent and also Adv.B.H.Mansoor, the learned counsel, appearing for the 2[nd] respondent. 5. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and WP(C)No.28792 of 2020 5 protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law. 6. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants." ## 7. In **Manohar Lal Sharma v. Principal Secretary** WP(C)No.28792 of 2020 6 **[(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . 8. The learned counsel for the petitioner would submit that the 2[nd] respondent and his men are causing obstruction to the installation work in the petitioner's establishment, undertaken on the strength of Exts.P2 to P7. The petitioner submitted Ext.P8 representation dated 05.12.2020 before the 1[st] respondent, which has already been acknowledged vide Ext.P9 receipt dated 05.12.2020. Due to the inaction on the part of the 1[st] respondent in rendering necessary police protection, the petitioner has moved this writ petition seeking the appropriate reliefs. 9. The learned counsel for the 2[nd] respondent would submit that, based on Ext.P8 complaint made by the petitioner, the 2[nd] respondent and others were called to the police station by WP(C)No.28792 of 2020 7 the 1[st] respondent Inspector of Police and they were instructed not to cause any law and order problems and were advised to challenge the permission/consent/licence granted to the petitioner for establishing the Polymer Unit, by approaching the statutory authorities. 10. The learned Government Pleader, on instructions, would also submit that the 1[st] respondent had already instructed the 2[nd] respondent and other local residents not to create any law and order problem and to seek redressal of their grievance against the petitioner's establishment, by approaching the statutory forums. The learned Government Pleader would also submit that, at present, there is no law and order problem in the locality. 11. Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions; (i) In case there is any obstructions from the 2[nd] respondent and his men to the installation work in the Polymer Unit of the petitioner, undertaken on the strength of Exts.P2 to P7, it is for the petitioner to WP(C)No.28792 of 2020 8 make proper request before the 1[st] respondent, seeking police protection, in which event, the 1[st] respondent shall render necessary police protection to the petitioner and his workers to carryout the installation work on the strength of Exts.P2 to P7. (ii) The 1[st] respondent shall also ensure that there is no threat to law and order in the locality, at the instance of the 2[nd] respondent and his supporters. It is made clear that this Court has not expressed anything as to the legality or otherwise of Exts.P2 to P7 No Objection Certificates/consent/licence/approval granted by the authorities concerned for establishing the Polymer Unit of the petitioner and this judgment will not stand in the way of the aggrieved persons approaching the statutory authorities against those certificate/ consent/ licence/approval. Sd/- **ANIL K. NARENDRAN JUDGE** **yd** WP(C)No.28792 of 2020 9 ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 13.8.2020 IN APPEAL NO 17/2018 OF THE HON'BLE TRIBUNAL FOR LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION NO C- 2-22284/2018 DATED 9.11.2018 ISSUED BY THE DISTRICT MEDICAL OFFICER, ERNAKULAM TO THE SECRETARY, MANJAPRA GTRAMA PANCHAYAT. EXHIBIT P3 A TRUE COPY OF THE NO-OBJECTION CERTIFICATE NO G-5361/2018 DATED 14.9.2018 ISSUED BY THE DISTRICT FIRE OFFICER, FIRE AND RESCUE SERVICES ERNAKULAM TO THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KAKKANAD EXHIBIT P4 A TRUE COPY OF THE CONSENT VARIATION ORDER NO PCB/EKM/DO-1/OA-337/14 DATED 24.1.2019 ISSUED BY THE KERALA POLLUTION CONTROL BOARD TO THE PETITIONERS ESTABLISHMENT EXHIBIT P5 A TRUE COPY OF TH APPROVED SITE PLAN GIVEN BY THE ENVIRONMENTAL ENGINEER UNDER THE POLLUTION CONTROL BOARD ALONG WITH THE COVERING LETTER DATED 24.1.2019 ADDRESSED TO THE PETITIONER EXHIBIT P6 A TRUE COPY OF THE ORDER NO A9/4513/18 DATED 7.3.2019 GRANTING DEEMED LICENSE TO THE PETITIONER BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ERNAKULAM EXHIBIT P7 A TRUE COPY OF THE CERTIFICATE NO A9/4513/18 DATED 7.3.2019 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ERNAKULAM** WP(C)No.28792 of 2020 10 **EXHIBIT P8 A TRUE COPY OF THE COMPLAINT DATED 5.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT** **EXHIBIT P9 A TRUE COPY OF THE RECEIPT DATED 5.12.2020 GIVEN BY THE FIRST RESPONDENT ACKNOWLEDGING THE RECEIPT OF EXT P-8 COMPLAINT** ## **RESPONDENTS' EXHIBITS:NIL** **TRUE COPY** **P.A. TO JUDGE**