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2016 Supreme(Ker) 130

ASHOK BHUSHAN, A.M.SHAFFIQUE
V. K. JANARDHANAN NAIR – Appellant
Versus
VIJAYAMMA AJITH BHAVANAM, ELAMPALLIL – Respondent


Advocates Appeared:
For the Appellant : SRI. S. SREEKUMAR & SRI. ALEXANDER JOSEPH, ADVS.
For the Respondent: SRI. C.R. SYAMKUMAR, SR GOVERNMENT PLEADER, SRI. M. AJAY, SC, KERALA STATE POLLUTION CONTROL BOARD, SRI. M. RAJAGOPALAN NAIR, SRI. G. BIJU, SRI. K. SHAJ, SRI. SAJJU S. ADV.

JUDGMENT :

A.M. SHAFFIQUE, J.

1. WP(C) No. 37718/15 has been filed seeking police protection alleging that respondents 9, 10 and their men are obstructing the petitioner from operating the hot mix plant erected by them for road work of National Highway from Kollam High School Junction to Kadapuzha bridge. According to the petitioner, they have set up the hot mix plant in an extent of 1.50 acres of land which was taken on lease by the petitioner and situated in Pallickal Village. The Pollution Control Board had issued consent to establish the hot mix plant on certain conditions and when attempts were made to establish the same, obstruction was created. In the meantime, the 5th respondent Panchayat issued a stop memo which was stayed by the Tribunal for Local Self Government Institutions as per order dated 7/12/2015 in Appeal No.1052/2015. It is stated that the District Collector had permitted operation of the hot mix plant and despite the complaint being filed before the police seeking police protection for operating the hot mix plant, no action has been taken in the matter and hence the writ petition is filed.

2. Writ Appeal No.274/2016 has been filed by the 1st respondent in WP(C) No


















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