The ruling establishes that legal business activities must not be obstructed by individuals, while residents retain the right to file legitimate complaints regarding business operations or infrastructure issues.

JUDGMENT

Dated this the 22nd day of August, 2022 This writ petition is filed seeking the following reliefs:-

i. To issue a writ of mandamus or other appropriate writ order of direction commanding the Respondents 1 to 3 to afford adequate and effective Police Protection to the life and property of Petitioner and his workers for smooth conduct of the Establishment M/s.Shibin Constructions Components in development area, Kollakadavu and to cause any nuisance and threat from obstructing the free ingress and egress and free ply of the vehicles of the Petitioner and customers from the 5th respondent and his henchmen or anybody.

ii. To declare that the Petitioner and his workers are entitled to get adequate and effective Police Protection for life and property and for smooth conduct of the Establishment M/s.Shibin Constructions Components in development area, Kollakadavu and to cause any nuisance and threat from obstructing the free ingress and egress and free ply of the vehicles of the Petitioner and the customers from the 5th Respondent and his henchmen or anybody.

2. Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the 5th respondent.

3. It is submitted by the learned counsel for the petitioner that the petitioner is conducting a metal crusher unit within the Industrial Estate, Kochalumoodu, Mavelikkara on the strength of all necessary permissions. It is submitted that the 5th respondent is obstructing the functioning of the unit demanding nooku kooli from the petitioner and threatening the life of the petitioner and his workers.

4. A counter has been placed on record by the 5th respondent stating that there has never been any claim for nokku kooli by the 5th respondent and that the respondent along with other residents of the area had only conducted a dharna to object against the pathetic condition of the road leading to the Industrial Unit. It is further submitted that petitioner is taking overloaded vehicles to and from the unit through the already damaged road which was creating nuisance and difficulties to the residents of the locality. It is submitted that it was only against his action that a protest was conducted by the residents of the locality and that the complaint submitted by the petitioner and that the statements made in the writ petition are absolutely incorrect.

5. The learned Government Pleader submits that the 5th respondent is a person, who was earlier involved in a crime and that when the police had sought to question the 5th respondent in connection with the complaint submitted by the petitioner, the 5th respondent had absconded from the area and is no longer traceable. It is also submitted that on investigation, it is revealed there is no demand for any nokku kooli by any of the parties and that the issue is only with regard to protest conducted with regard to the nature of the road. It is further submitted that appropriate patrolling is also conducted by the police to see that law and order is maintained in the locality.

6. Having considered the contentions advanced, I am of the opinion that, in case there is any complaint with regard to the unauthorized plying of vehicles with overload, it is for the 5th respondent and other residents of the locality to submit complaints before the appropriate authorities including the Panchayat. In case there is any complaint with regard to the nature of the road as well, it is for the residents to raise appropriate complaints before the PWD or the authorities, who are responsible for a proper upkeep of the road. The 5th respondent cannot illegally obstruct the activities of the petitioner, in case there is no illegality committed by the petitioner. Even in case, there is any overloading as per complaint of the 5th respondent, it is for the 5th respondent to place such complaints before the appropriate authority which will be looked into in accordance with law.

In the above view of the matter, in case of any