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Petitioner should be granted adequate police protection if respondent or residents of the locality cause obstruction in unloading and installation of the plant as he hold the consent issued by Pollution Control Board : High Court of Kerala

If there is any physical obstruction caused to the unloading of the machinery or the installation or erection of the plant, the petitioner may inform the Station House Officer, who shall provide adequate and meaningful protection to the petitioner and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MRS. JUSTICE ANU SIVARAMAN in the case of SASIDHARAN vs. THE CITY POLICE COMMISSIONER (WP(C) NO.8509 OF 2022) on 25th March, 2022.

Brief facts of the case are that the petitioner pleads order or direction directing the 1st and 2nd respondents to grant adequate police protection to the petitioner and his workers from the threat of 3rd respondent and its henchmen for installing machineries and running a hot mix plant namely ‘Metaguard Engineers and Contractors’ in the property having an extent of 85 Ares 92 sq.mts situated in Sooranad North Village.

Learned counsel for petitioner submitted that petitioner had obtained consent to establish a hot mix plant in 85 Ares and 92 sq.mts. of property situated at Sooranad North Village. And an installation permit has also been granted to the petitioner by the Panchayat on 28.2.2022.  Machinery and the equipment for the installation were brought to the site, the 3rd respondent and other residents of the locality have obstructed the unloading of the materials and the erection of the equipments and the unit.

Learned counsel for respondent submitted that there are serious concerns arising out of the installation of the hot mix plant in a residential locality and that the residents of the locality had staged a peaceful protest against the plant in view of the fact that pollution is sure to arise out of such operation. It is further submitted that the 3rd respondent is not physically obstructing or creating any threat or violence in the vicinity and that the contentions to the said effect are absolutely unwarranted and unsustainable.

The learned Government Pleader submits, on instructions, that there are apprehensions raised by the residents of the locality with regard to the pollution which may occur due to the installation of a hot mix plant. And there is no law and order situation prevalent in the area.

Court held that as the petitioner has consent to establish  issued by the Pollution Control Board and Ext.P5 is the consent granted by the Panchayat for installation, it would not be possible for them to obstruct the unloading of the machinery. In case there is any physical obstruction caused to the unloading of the machinery or the installation or erection of the plant, the petitioner may inform the Station House Officer, who shall provide adequate and meaningful protection to the petitioner. However, this is without prejudice to the rights of the 3rd respondent or any other aggrieved residents of the locality from taking up the matter before the appropriate authorities in accordance with law.

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Judgment reviewed by – Amit Singh

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