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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.Nagaresh
Pride Chip Boards Pvt Ltd. – Appellant
Versus
Deputy Superintendent Of Police – Respondent
| Table of Content |
|---|
| 1. company's setup and permits obtained. (Para 1 , 2) |
| 2. obstruction of premises and threats to workers. (Para 3 , 4) |
| 3. court's reasoning on legal procedures and responsibilities. (Para 5 , 6 , 7) |
JUDGMENT :
N.Nagaresh, J.
The petitioner is a Private Limited Company registered under the Indian COMPANIES ACT . The company intends to manufacture Pride Chip Boards using agricultural waste and wood waste, in the property having an extent of around 7 Acres of land in Enanelloor Village, Muvattupuzha Taluk.
2. For starting the Company, the petitioner had obtained Acknowledgment Certificate under the Kerala Micro, Small and Medium Enterprises Facilitation Act, 2019, Building Permit from the Panchayat, Consent to Establish from the Pollution Control Board and No Objection Certificate from the Fire and Rescue Department. The petitioner also obtained all statutory permits for the construction of the Company and building.
3. The petitioner had purchased the machinery for the Company and some of the machinery had come to the Company and the petitioner had installed the same. When the other machinery were on the way to the Company, respondents 4 to 10 obstructed the vehicle which ca
Individuals must seek statutory authority for grievances related to lawful constructions rather than obstructing processes, as upheld in this ruling.
The right to construct based on valid permits cannot be obstructed without legal basis, necessitating police protection.
Court affirms the right to peaceful property construction and mandates police protection against obstruction.
The court upheld the petitioner's right to proceed with permitted construction free from obstruction, emphasizing necessary police protection.
The court emphasizes seeking remedies through proper channels while ensuring law and order is maintained during disputes regarding business operations.
Writ relief denied due to prior adverse stay and injunction orders against petitioners.
Court affirmed right to use public road for transportation while ensuring respect for adjacent property rights.
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