Individuals conducting lawful business activities have the right to protection from obstruction, and police must intervene in case of illegal obstruction.

J U D G M E N T

Shaffique, J.

The petitioner, who is a Managing Partner of a business establishment by name, 'Sahara Granites', has approached this Court seeking for police protection. According to the petitioner, they are conducting the business of sale of granite building stone products in a property situated in Survey No.97/6C of Mannarkkad-II Village in Palakkad District. The allegation is that respondents 4 to 6 and their men were obstructing the movement of vehicles and thereby obstructing the business activities. Though complaint was given to the police, no action has been taken in the matter and therefore, this writ petition has been filed.

2. Counter affidavit has been filed by the 5th respondent inter alia stating that the functioning of the business establishment using several vehicles is causing substantial pollution to the locality and persons in the locality have already preferred a complaint to the District Collector as Ext.R5(a). So far, the District Collector has not intervened in the matter. It is also stated that the petitioner has not obtained any consent to operate for the establishment.

3. Learned counsel for the petitioner submits that they have all valid permit/licence from the competent authorities to conduct the sale of granite products and that the establishment does not require any consent to operate as no manufacturing activity is being carried on in the premises, only the stocking and sale of products are carried on in the establishment.

4. Learned Government Pleader on instructions would submit that the issue had been raised by certain members of the public and if there is any law and order situation, the police shall interfere in the matter.

5. Having regard to the aforesaid factual situation, we are of the view that if the petitioner is carrying on the business activities in accordance with law, the respondents 4 to 6 or any member of the public has no right to obstruct the business activity. If there is any such illegal obstruction, the police is bound to take appropriate action in the matter.

6. As far as the contention of respondents 4 to 6 that the establishment of the petitioner is causing pollution in the locality, it shall be open for the respondents to take the matter before the appropriate authority alleging pollution and even the local authority can take necessary action in accordance with law, after notice to the petitioner.

7. Under such circumstances, we are of the view that if there is any obstruction from respondents 4 to 7 or their men, the police shall interfere in the matter and provide necessary protection and ensure that no such obstruction is created by them.

This writ petition is disposed of as above.

ASHOK BHUSHAN CHIEF JUSTICE