IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 9131 of 2009(J) ------------------------- PETITIONER(S): --------------- M/S.MALAYALAKAM AGGREGATES AND SANDS(P) LTD., MALAYALAKAM ESTATE, CHAZHIYATTIRI P.O., PALAKKAD-679535, REP.BY ITS MANAGING DIRECTOR, MRS.ANNIE SANY, AGED 67, W/O. LATE A.O.SANY, R/AT ALUKAL HOUSE, VADAKKUMBHAGOM TALUK, KALADY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.PRAISHEEL PRAKASAM RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR DISTRICT. 2. THE ADDITIONAL TAHSILDAR, THALAPPILLY TALUK, PALAKKAD DISTRICT. 3. THE SUPERINTENDENT OF POLICE, THRISSUR. 4. THE SUB INSPECTOR OF POLICE, ERUMAPETTY. 5. THE SECRETARY, THIRUMITTATHODU GRAMA PANCHAYATH. 6. THE GEOLOGIST, DISTRICT OFFICE OF THE DEPT. OF MINING AND GEOLOGY, PALAKKAD-14. 7. THE DIRECTOR, THE KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM REP. BY THE MEMBER SECRETARY. BY GOVT. PLEADER SRI P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.S. GOPINATHAN, JJ. ----------------------------------- W.P.(C) NO. 9131 of 2009 ----------------------------------- DATED:MARCH 23, 2009. JUDGMENT Raman, J. Petitioner is engaged in quarrying operation of rocks after obtaining licence from the geologist. The Pollution Control Board, who is a party to the proceedings, submits that there is no allegation of any pollution being caused as a result of the conduct of the quarry. But the complaint of the petitioner is that the lorries engaged by him are being obstructed by the police on the premises that the lorries are involved in illegal refilling of soil without obtaining permission and contrary to the provision of the Land Utilisation Order and imposed fine and as a result none of the lorry owners are coming for work to the petitioner's quarry. 2. The Government Pleader, on instructions, submits that no lorries filled with stones are obstructed by the police. Actually they were found W.P.(C) NO. 9131 of 2009 :2: engaged in filling the lands with mud contrary to the Land Utilisation Order. 3. We are not adjudicating the rival claims made by the parties. Since the allegation is raised against the 4th respondent, the Sub Inspector of Police, Erumapetty, the factual situation has to be ascertained and, if found true, remedial measures are to be taken. Hence we direct the Superintendent of Police, Thrissur to enquire into the matter and to do the needful. The petitioner may approach the Superintendent of Police along with a copy of this judgment whereupon he shall hear the parties and pass orders in accordance with law. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. mt/-