P J AGRO FOODS (P) LTD REPRESENTED BY ITS MANAGING Vs. PUNNAYOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECR

JUDGEMENT

(1.) A food processing unit engaged in the manufacture of pickles, jam, sauce, chatnipodi etc. is the petitioner herein, seeking police protection against the respondents 4 to 9 and their agents. According to the petitioner, the unit in question is being run after obtaining all requisite licences and permissions from various authorities concerned, especially from Respondents 1 to 3 and from the Kerala State Pollution Control Board. According to the petitioner, the Respondents 4 to 9 are creating unnecessary obstructions raising some untrue and untenable allegations of pollution problems. It is also mentioned that a stop memo issued by the 2nd Respondent, the Secretary of Punnayur Grama Panchayath, was already stayed by the Tribunal for Local Self Government Institutions, vide Ext.P14 order. Despite such situation, the Respondents 4 to 9 are taking law into their own hands and creating physical obstructions, is the complaint made.

(2.) It is submitted that despite the request made before Respondents 10 and 11 to afford adequate police protection, no effective action was taken. Hence the petitioner is approaching this court.

(3.) Respondents 4 to 9 have not chosen to contest the case by filing any counter affidavit. However, this court through order dated 29.03.2017 had appointed an Advocate Commissioner to inspect the Industrial Unit and to specifically report on the following aspects: