V.K. JANARDHANAN NAIR Vs. VIJAYAMMA AND ORS.

JUDGEMENT

(1.) WP(C) No. 37718/15 has been filed seeking police protection alleging that respondents 9, 10 and their men are obstructing the petitioner from operating the hot mix plant erected by them for road work of National Highway from Kollam High School Junction to Kadapuzha bridge. According to the petitioner, they have set up the hot mix plant in an extent of 1.50 acres of land which was taken on lease by the petitioner and situated in Pallickal Village. The Pollution Control Board had issued consent to establish the hot mix plant on certain conditions and when attempts were made to establish the same, obstruction was created. In the meantime, the 5th respondent Panchayat issued a stop memo which was stayed by the Tribunal for Local Self Government Institutions as per order dated 7/12/2015 in Appeal No. 1052/2015. It is stated that the District Collector had permitted operation of the hot mix plant and despite the complaint being filed before the police seeking police protection for operating the hot mix plant, no action has been taken in the matter and hence the writ petition is filed.

(2.) Writ Appeal No. 274/2016 has been filed by the 1st respondent in WP(C) No. 2387/16 challenging interim order dated 5/2/2016. This writ petition was filed during the pendency of WP (C) No. 37718/2015.

(3.) During the pendency of WP(C) No. 37718/2015, an interim order was passed on 15/12/2015 directing the 8th respondent to ensure that no obstruction is created by respondents 9 and 10 in running the temporary hot mix plant by the petitioner and for transporting materials. While passing the interim order, we have also taken note of the fact that consent has been obtained from the Pollution Control Board for operating the plant. A further interim order was passed on 18/1/2016 when allegation was made that despite the earlier interim order, obstruction still continues and sufficient police force was not available.