N.K.MOHAMMED Vs. THE SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner has moved this Court with the following prayers:-

(2.) Heard the learned counsel for the petitioner, the learned counsel for the private respondents and the learned Sr.Government Pleader appearing for the respondents 1 to 3.

(3.) The grievance projected by the petitioner is that a Convention Centre is sought to be constructed in Re.Sy.No.92/1B 3A Kizhakkoth Village, Thamarassery, Kozhikode District; having a total plinth area of 5,161.73 m2. The application preferred in this regard was considered and building permit has been sanctioned by the Local Authority as borne by Ext.P1 dated 02.11.2017, which is valid till 01.11.2020. In furtherance to the desire and decision to effect the construction, the petitioner moved the Authorities of the State Pollution Control Board as well. Ext.P4 is the 'Consent to establish' issued by the Pollution Control Board on 23.11.2018, which is valid up to 25.11.2023; subject to the specific conditions stipulated therein. Meanwhile, at the instance of somebody behind the curtain, the Local Authority issued Ext.P3 'stop memo', as to the alleged violation of some provisions of law. On getting a copy of the proceedings, the petitioner substantiated the position before the Local Authority; pursuant to which, the 'stop memo' was lifted as per Ext.P5 order dated 03.12.2018. The private respondents herein who are having absolutely no connection or proximity to the place of construction have joined together and are forcefully obstructing the construction for no reason at all, which was brought to the notice of the police by filing Ext.P6 complaint. Despite this, no proper action is being taken and hence the writ petition.