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2025 DAILYLAW 7722 (KER)

HASHIM HYDER v. THE STATE OF KERALA

WP(C)/28100/2023 · 2025-04-02

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP(C) NO. 28100 OF 2023 1 2025:KER:27980 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 28100 OF 2023 PETITIONER: HASHIM HYDER AGED 36 YEARS S/O.HYDER ALI, TC 52/2009, TIPU SULTHAN PALACE, VELLAYANI, NEMOM, THIRUVANANTHAPURAM, PIN - 695020 BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA SMT.BREJITHA UNNIKRISHNAN SMT.APARNA JOY RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ADDL.CHIEF SECRETARY, HOME & VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM ., PIN - 695001 2 THE DISTRICT POLICE CHIEF THIRUVANANTHAPURAM (RURAL) OFFICE OF THE DISTRICT POLICE CHIEF, VIKAS BHAVAN, BRIGADIER ROAD, PALAYAM, THIRUVANANTHAPURAM ., PIN - 695033 3 THE STATION HOUSE OFFICER VELLARADA POLICE STATION, VELLARADA, THIRUVANANTHAPURAM ., PIN - 695505 4 SOMAN AGED 56 YEARS S/O.GOVINDA PANICKER, ‘PULARIYIL’, MAMBARA ESTATE ROAD, KUDAPPANAKKUNU DESOM, AMBOORI VILLAGE, THIRUVANANTHAPURAM, PIN - 695043 WP(C) NO. 28100 OF 2023 2 2025:KER:27980 5 SANTHA AGED 52 YEARS W/O.SOMAN, ‘PULARIYIL’, MAMBARA ESTATE ROAD, KUDAPPANAKKUNU DESOM, AMBOORI VILLAGE, THIRUVANANTHAPURAM, PIN - 695043 6 RUGMINI AGED 62 YEARS W/O.GOPINATHAN NAIR, ‘ILLIPLAVILAYIL’, MAMBARA ESTATE ROAD, KUDAPPANAKKUNU DESOM, AMBOORI VILLAGE, THIRUVANANTHAPURAM ., PIN - 695043 *7 AMBOORI GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, AMBOORI – NEYYAR ROAD, AMBOORI, THIRUVANANTHAPURAM-695505 (ADDL.R7 IMPLEADED AS PER ORDER DATED 19-02-2025 IN IA 1/2023 IN WPC 28100/2023) BY ADV SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.AJITH VISWANATH, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28100 OF 2023 3 2025:KER:27980 JUDGMENT Dated this the 02nd day of April, 2025 The writ petition is filed to direct the respondents 1 to 3 to afford adequate police protection to the petitioner and his employees to function the petitioner’s industrial unit without any obstruction from the party respondents. 2. When the writ petition came up for consideration on 23.08.2023, this Court directed the 3rd respondent to afford adequate police protection to the petitioner’s establishment. The said order was extended from time to time. 3. Heard; the learned counsel for the petitioner and the learned Government Pleader. 4. The learned Government Pleader submitted that, subsequent to passing of the interim order, there has been no law and order problem in the petitioner’s locality. WP(C) NO. 28100 OF 2023 4 2025:KER:27980 5. On a consideration of the facts and the materials on record, I am of the definite view that, a quietus can be given to the writ petition, by permitting the petitioner to approach the 3rd respondent and file a complaint, if there is any threat from the party respondents. If such complaint is filed, the 3rd shall act upon the complaint in accordance with law, without interfering in any civil dispute between the petitioner and the party respondents. The writ petition is ordered accordingly. Sd/- C.S.DIAS JUDGE NAB WP(C) NO. 28100 OF 2023 5 2025:KER:27980 APPENDIX OF WP(C) 28100/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LICENSE OBTAINED FROM AMBOORI GRAMA PANCHAYAT DATED 31.05.2023 EXHIBIT P2 TRUE COPY OF THE LETTER CONSENT TO OPERATE FROM THE KERALA STATE POLLUTION CONTROL BOARD DATED 27.06.2023 EXHIBIT P3 TRUE COPY OF THE PERMIT DATED 05.05.2023 ISSUED BY DEPARTMENT OF FACTORIES AND BOILERS KERALA EXHIBIT P4 TRUE COPY OF THE COMPLAINT BEFORE THE 3 RD RESPONDENT THESE DATED NIL