Court restricts construction activities pending litigation but allows limited access for property clearing.

MOHAMMED NIAS C.P., J.

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WP(C) No.40248 of 2025 ----------------------------------------------------

Dated this the 26^th day of November, 2025 JUDGMENT The petitioner is a company registered under the provisions of the Companies Act , 2013. It is stated that the Government of Kerala selected the petitioner, vide Ext. P1 order dated 16.01.2025, for the establishment and setting up of an ethanol manufacturing plant in Kerala.

2. It is submitted by the petitioner and respondents that W.P.(PIL) Nos.20 of 2025, 51 of 2025, 53 of 2025, and 54 of 2025 are pending before a Division Bench of this Court, challenging the permissions granted to the petitioner. The Division Bench of this Court, vide orders dated 23.06.2025 and 29.07.2025, directed that the permissions granted to the petitioners would be subject to the outcome of the writ petitions and also that no deemed permission shall be considered to have come into effect, which will be considered at the time of final hearing.

3. This writ petition is filed contending that the property purchased by the petitioner, measuring 23.93 Acres, is completely covered by shrubs, bushes and wild growth, and the property needs to be cleared using a JCB. It is also stated that the experts in the field of constructing rainwater harvesting are to visit and decide on the rainwater harvesting necessary for procuring water. It is stated that due to the agitation carried out, including by the party respondents herein, the petitioner’s ingress and egress are obstructed. Based on the said pleading, the following prayers are sought for:

“(i) issue a writ of mandamus or any other appropriate writ or order or direction to direct the respondents 1 & 2 to afford all necessary police protection to the petitioner, their men, agents and all machinery/equipments to have free and unobstructed ingress and egress to the property of the petitioner specifically described and referable to Exhibit P2, P3, P4 & PS.

(ii) To issue a writ of mandamus or any other appropriate writ or direction to the respondents 1 & 2 to ensure that any agitation, dharna, procession (Jatha) or any other forms of show of strength by the respondents 3 to 11 of their men and agents, who ever they be, affiliated or un- affiliated to any political party shall be at a distance of 500 m away from the premises belonging to the petitioner specifically referred to in Exhibit P2 to PS and ensure that such show of strength shall not cause any manner of obstruction to the petitioners, their men and agents, equipment/machinery. 1 & 2 to ensure that any agitation, dharna, procession (Jatha) or any other forms of show of strength by the respondents 3 to 11 of their men and agents, who ever they be, affiliated or un-affiliated to any political party shall be at a distance of 500 m away from the premises belonging to the petitioner specifically referred to in Exhibit P2 to PS and ensure that such show of strength shall not cause any manner of obstruction to the petitioners, their men and agents, equipment/machinery.”

4. Separate Counter Affidavits have been filed on behalf of the party respondents. Their essential contention is that the licences are under challenge in the public interest litigations, and that the petitioner is attempting to carry out construction on the strength of the orders that may be passed in this writ petition. They also contend that the petitioner’s attempt to carry on the activities based on a deemed permission was prevented by the orders passed by this Court.

5. As stated above, the only prayer of the petitioner is for the ingress and egress into his property for clearing the shrubs, trees and wild growth. The second prayer of the petitioner is to ensure that agitation, dh