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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943 WP(C) NO. 18937 OF 2013 PETITIONER/S:
1 RAPPAI S/O.OUSEPH, THRIKKOKARAN HOUSE, KANAKAKKUNNU DESOM, VADAMA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680732.
2 RINSON AGED 24 YEARS S/O.RAPPAI, THRIKKOKARAN HOUSE, KANAKAKKUNNU DESOM, VADAMA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680732.
BY ADV SMT.M.R.JAYALATHA RESPONDENT/S:
1 THE STATE OF KERALA REP. BY THE ADDITIONAL CHIEF SECRETARY (HOME), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-
695001.
2 DISTRICT POLICE CHIEF DISTRICT SUPERINTENDENT OF POLICE THRISSUR (RURAL), COLLECTORATE, THRISSUR, PIN-
680003.
3 THE DEPUTY SUPERINTENDENT OF POLICE CHALAKUDY, THE OFFICE OF THE DY.S.P.CHALAKUDY, THRISSUR DISTRICT, PIN-680307.
4 THE SUB INSPECTOR OF POLICE MALA POLICE STATION, P.O.MALA, THRISSUR DISTRICT, PION-680732.
5 THE MALA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYATH OFFICE, MALA, THRISSUR DISTRIC T, PIN-680003.
6 UBAIS.A.A S/O.ABOOBACKER, ALANGATTUKARAN VEEDU, P.O.MALA, KANAKAKKUNNU, THRISSUR DISTRICT, PIN-680732.
7 GINCE MATHEW AGED 32 YEARS S/O.MATHEW, ATHAPPILLI HOUSE, KANAKAKKUNNU DESOM, P.O.MALA, KANAKAKKUNNU, THRISSUR DISTRICT, PIN-
680732.
8 SHIJU AGED 35 YEARS ATHAPPILLI HOUSE, KANAKAKKUNNU DESOM, P.O.MALA, KANAKAKKUNNU, THRISSUR DISTRICT, PIN-680732 BY ADVS.
SRI.M.P.RAMNATH SRI.P.RAJESH KOTTAKKAL SRI.P.K.SAJEEV OTHER PRESENT:
SMT.SHEEJA.C.S., SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2021, ALONG WITH WP(C).22646/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943 WP(C) NO. 22646 OF 2014 PETITIONER/S:
1 ASHUPATRIPADI-KANAKAKUNNU RESIDENTS ASSOCIATION FUNCTIONING AT AKUNNATHU HOUSE, ASHUPATRIPADI-
KANAKAKUNNU ROAD, MALA PANCHAYATH, THRISSUR DISTRICT,PIN 680 732, REPRESENTED BY ITS PRESIDENT A.V.THOMAS AND SECRETARY GINCE MATHEW
2 A.V.THOMAS AGED 58 YEARS S/O.VARGHESE,TEACHER, AKUNNATHU HOUSE, ASHUPATRIPDI-
KANAKAKUNNU ROAD(NEAR MALA GOVT,HOSPITAL) MALA PO, PIN 680 732.
3 SHIJU ANTHONY AGED 36 YEARS S/O.A.K.ANTHONY,MECHANIC,ATHAPPILLY HOUSE, ASHUPATRIPADI-KANAKAKUNNU ROAD(NEAR MALA GOVT HOSPITAL) MALA PO,PIN 680 732.
4 UBAISE S/O.LATE ABUBACKER, AGED 40 , BUSINESS, ALANGATTUKARAN HOUSE, ASHUPATRIPADI-KANAKAKUNNU ROAD(NEAR MALA GOVT HOSPITAL) MALA PO,PIN 680 732 BY ADVS.
SRI.M.P.RAMNATH SRI.BEPIN PAUL SRI.P.RAJESH KOTTAKKAL SRI.SHALU VARGHESE SMT.S.SANDHYA SMT.UMA R.KAMATH SEI.M.VARGHESE VARGHESE RESPONDENT/S:
1 MALA GRAMA PANCHAYATH PANCHAYATH OFFICE, MALA PO, PIN 680 732,REPRESENTED BY ITS SECRETARY
2 THE PRESIDENT MALA GRAMA PANCHAYATH,PANCHAYATH OFFICE, MALA PO, PIN 680 732.
3 THE ASSISTANT ENGINEER, PWD ROADS DIVISION, PWD OFFICE WORKS DEPARTMENT (PWD), PWD OFFICE, MALA, PIN 680 732.
4 JOINT RTO, JOINT ROAD TRANSPORT OFFICE, CHALAKUDY, THRISSUR DISTRICT, PIN 680 307.
5 THE SUB INSPECTOR OF POLICE, MALA POLICE STATION, MALA, PIN 680 732.
6 T.J.FRANKO, AGED 1 YEARS S/O.JOSE, ADVOCATE AND NOTARY, THEKKINIYATH HOUSE, NEAR GOVT.HOSPITAL, MALA, PIN 680 732.
7 DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, STATE OF KERALA, SECRETARIATE, TRIVANDRUM 695 001, REPRESENTED BY ITS SECRETARY.
8 RAPPAI T.O, AGED 1 YEARS S/O.OUSEPH, THRIKKOOKARAN HOUSE, MALA P.O, THRISSUR DISTRICT, PIN - 680 732.
9 RINSON T.R, AGED 1 YEARS S/O.T.O.RAPPAI, THRIKKOOKARAN HOUSE, MALA PO, THRISSUR DISTRICT, PIN 680 732.
10 KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD OFFICE, THRISSUR, PIN 680 001.
11 THE TAHSILDAR, CHALAKUDY TALUK, CHALAKUDY, THRISSUR DISTRICT, PIN
680 307.
12 THE VILLAGE OFFICER, VADAMA VILLAGE, CHALAKUDY TALUK, VADAMA, THRISSUR DISTRICT, PIN 680 736.
BY ADVS.
SRI.P.K.SAJEEV GOVERNMENT PLEADER SRI.M.H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2021, ALONG WITH WP(C).18937/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J --------------------------------------------
W.P.(C.) Nos.18937 of 2013 and 22646 of 2014 ----------------------------------------------------------------
Dated this the 3rd day of August, 2021
JUDGMENT
These two writ petitions are connected and therefore, I am disposing these writ petitions by a common judgment.
2. The prayer in W.P.(C). No. 18937/2013 is extracted hereunder:
“i) Issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the respondents 2 to 4 to provide adequate and sufficient police protection to the lives of the petitioners and the Cement Brick Manufacturing Unit namely, St.Raphael Brick Manufacturing Unit in Door No.XIV/224A of Mala Grama Panchayath from the threats being caused by the respondents 6 to 8 and their henchmen.
ii) Declare that the respondents 6 to 8 have no right to obstruct the plying of the Vehicle bearing Reg.No.KL-45-F-9464 through the Hospital Padi -Kannikunnu Road in Mala and direct the 4th respondent to remove the obstruction being caused by the respondents 6 to 8 and their henchmen enabling the 2nd petitioner to ply his vehicles along the said road.
iii) Issuch such other further writs, orders or directions as this Hon'ble Court may deems fit and proper in the facts and circumstance of the case and in the interests of justice.
iv) Allow the cost of these proceedings.”
3. The petitioners in this writ petition are the owners of a cement brick unit. Aggrieved by the activities of the above unit, the petitioner in W.P.(C.) No.22646/2014 approached this Court with the following prayers :
“A) Issue a writ in the nature of mandamus or such other writs or orders directing the respondents 1 to 5, 7 and also the Traffic Regulation Committee constituted by them to ensure the safety and non damage of Ashupatripadi-Kanakakunnu road and the buildings and houses on either side thereof and the life and property of the residents of the locality and enforce Ext P6 report in letter and spirit and not permit any vehicular traffic within laden weight above 9 tonnes through the road, to premises of respondents 8 & 9 or any others.
B) Issue a writ in the nature of mandamus or such other writs or orders directing respondents 1 to 5, 7, 10 to 12 to take necessary legal action upon Ext P10 complaint, also taking into consideration Ext P11 report and take remedial action of recovering any encroached and closed "Thodu" (canal) and reopening the same, and building the Kalingu and culvert (bridge and embankment as before), within a time frame to be fixed by this Hon'ble Court at any rate within 3 months.
C) Issue a writ in the nature of mandamus or such other writs or orders directing the respondents 1, 2, 10, 11 and 12 to ensure that no illegal activity of storage and sale of M-Sand (granite quary dust), granite metal, cement etc are done in the premises of the respondents 8 & 9 conducting the cement brick manufacturing unit.
D) Issue a writ in the nature of mandamus or such other writs or orders, directing the respondents 1, 11 and 12 to see to it that cement brick manufacturing beyond the licenced limit is not done and no illegal un-licenced trade is carried out by respondents 8 & 9 in their premises and properties and to take steps to prevent excessive drawing of ground water by the respondents 8 and 9 and their men and agents.
E) Award the cost of this writ petition.
F) Grant any other reliefs this Hon'ble Court may deem fit to grant in the facts and circumstances of this case.”
4. These two writ petitions were heard together by the Division Bench of this Court. Several orders were passed by this Court. Ultimately, a common order was passed on
27.8.2019, which is extracted hereunder :
“The Assistant Engineer of the Panchayat is said to have visited the property and filed a report stating that there is 25% damage caused to the road. It is also stated that the culvert is not damaged at all. 2. However, considering the facts and circumstances of the case, we direct that the Assistant Engineer, Public Works Department, Mala shall conduct an inspection with respect to the road in question and file a report along with the evaluation of the exact damage, if any, caused and the est
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