Facts of the Case

The petitioners, Rizad R. and Anas, established and operated a small-scale industrial unit under the name M/s Malabar Industries after obtaining all the necessary statutory approvals, licences, GST registration, MSME registration, Pollution Control Board consent, and other required permissions. They alleged that the fifth respondent and certain persons supporting him were unlawfully obstructing the functioning of the industrial unit and creating threats to the petitioners, their employees, and the business operations.

The petitioners submitted multiple complaints before the police authorities and other competent authorities seeking protection. Since no effective relief was granted, they approached the Kerala High Court seeking police protection and uninterrupted functioning of their licensed industrial unit.

 

Issues Involved

  1. Whether the operators of a duly licensed industrial unit are entitled to police protection against unlawful obstruction by private individuals.
  2. Whether local residents can obstruct the functioning of an industrial unit that possesses all statutory approvals.
  3. Whether disputes regarding environmental concerns should be raised before the competent statutory authorities instead of resorting to obstruction or threats.
  4. Whether the police are obligated to maintain law and order when disputes arise regarding the functioning of a licensed industrial establishment.

 

Petitioner’s Arguments

  • The petitioners contended that their industrial unit was functioning strictly in accordance with law after obtaining every mandatory statutory licence and permission.
  • They argued that the fifth respondent and his supporters were illegally interfering with the business activities by threatening the petitioners and their workers.
  • It was submitted that repeated complaints were made before the police authorities, but effective protection was not provided.
  • The petitioners sought directions for adequate police protection to ensure peaceful functioning of their industrial unit and to prevent unlawful obstruction.

 

Respondent’s Arguments

  • The Government Pleader submitted, on instructions, that the parties had been summoned and their statements recorded.
  • It was informed that there was no prevailing law and order problem or overt act committed by the fifth respondent requiring immediate police intervention.
  • The fifth respondent contended that objections existed regarding the functioning of the industrial unit and that complaints had already been submitted before the District Collector.
  • It was further argued that neither the fifth respondent nor any local residents had obstructed the functioning of the industrial unit and, therefore, the writ petition seeking police protection was not maintainable.

 

Court Order / Findings

The Kerala High Court observed that if any resident or the fifth respondent had objections regarding the operation of the industrial unit, such grievances should be raised before the appropriate statutory authorities such as the Pollution Control Board, the Grama Panchayat, or any other competent authority in accordance with law.

The Court recorded the statement made on behalf of the fifth respondent that no attempt would be made to obstruct the functioning of the industrial unit and that only legal remedies would be pursued.

Accordingly, the writ petition was closed. However, the Court directed that if any further complaints regarding obstruction or disturbance arise, the Station House Officer shall take appropriate steps to maintain law and order. All other legal contentions were left open to be decided in appropriate proceedings before the competent forum.

 

Important Clarification

  • A licensed industrial unit cannot be obstructed by private individuals through unlawful means.
  • Persons having environmental or statutory objections must approach the competent authorities such as the Pollution Control Board, Panchayat, or other statutory forums.
  • Police authorities are responsible only for maintaining law and order and preventing unlawful interference.
  • The Court did not decide the legality of the industrial unit itself and left all statutory issues open for determination before the appropriate authorities.
  • Police protection cannot substitute statutory proceedings relating to environmental or regulatory disputes.

 

Sections / Provisions Involved

  • Article 226 of the Constitution of India
  • Micro, Small and Medium Enterprises (MSME) Registration Provisions
  • Pollution Control Board Consent Requirements
  • Applicable Local Self-Government and Industrial Licensing Laws
  • Police Powers Relating to Maintenance of Law and Order


Link to download the order -

https://www.mytaxexpert.co.in/uploads/1784626219_1637compressed.pdf

 

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