IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 15257 of 2009(B) -------------------------- PETITIONER(S): --------------- BOSE SEBASTIAN, S/O.AUGUSTINE, ALUMMODU PUTHEN BANGALOW, AYIRAMKOLLY, AMBALAVAYAL P.O., SULTHAN BATHERY. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, AMBALA VAYAL POLICE STATION, WYANAD. 2. PRAHLATHAN, S/O.CHAMI, CHEENGARY TRIBAL COLONY, AMBALAVAYAL P.O., SULTHAN BATHERY, WYANAD. 3. MALATHY CHAMI, W/O.CHAMI CHEENGARY TRIBAL COLONY, AMBALAVAYAL P.O., SULTHAN BATHERY, WYANAD. ADDITIONAL R4: 4. AMBALAVAYAL GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, AMBALAVAYAL P.O., WYANAD. R1 BY GOVERNMENT PLEADER T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15257 of 2009 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE SKETCH OF THE SAID PROPERTY WHERE THE PETITIONER IS CONDUCTING QUARRYING OPERATION. EXT.P2: TRUE COPY OF THE PERMIT DATED 4.5.2009 ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, WYANAD, TO THE PETITIONER. EXT.P3: TRUE COPY OF THE JUDGMENT DATED 18.8.2008 IN O.S.NO.118/2005 OF THE SUB COURT, SULTHAN BATHERY. EXT.P4: TRUE COPY OF THE JUDGMENT DATED 12.7.2007 IN O.S.NO.196/2005 OF THE MUNSIFF MAGISTRATE COURT, SULTHAN BATHERY. EXT.P5: TRUE COPY OF THE PETITION DATED 15.5.2009 SUBMITTED BY THE ETITIONER TO THE 1ST RESPONDENT. EXT.P6: TRUE COPY OF THE CONSENT DATED 28.10.2009 OF THE KERALA STATE POLLUTION CONTROL BOARD. EXT.P7: TRUE COPY OF THE LICENCE ISSUED BY SECRETARY, AMBALAVAYAL GRAMA PANCHAYAT. RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C).No.15257 of 2009 ---------------------------------------- Dated this the 4th day of December, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayer: “Issue a writ of mandamus directing the 1st respondent to grant adequate police protection to the life and property of petitioner and to conduct quarrying activities in accordance with Exthibit P2 permit.” 2. Despite service of notice, there is no appearance for the party respondents. According to the petitioner, he possesses all the required permits and licences to conduct quarrying operation. But with ulterior motive, respondents 2 and 3 do not permit the petitioner to conduct the operation. 3. Learned Government Pleader, on instruction, submits that there is a dispute as to the boundary of the quarry and this has given rise to the dispute between the parties. W.P.(C).No.15257 of 2009 :: 2 :: 4. We find that the Geologist and the Secretary of the Ambalavayal Grama Panchachayat have given the permits. The permit is given in respect of the property in respect of 40 cents in Survey No.298/1A-1A-1A. In respect of the same property, there is a decree in favour of the petitioner, Ext.P4. According to the petitioner, the suit filed by the 3rd respondent stands dismissed, in respect of the same subject matter and the same property as can be seen from Ext.P3. 5. Therefore, there will be a direction to the police to render necessary protection to the petitioner in respect of the property referred to in the permits issued to him. This is, of course, subject to the condition that the petitioner possesses valid permits and licences. It is also made clear that this judgment shall not be used as a cover to conduct the quarrying in the puramboke, which is demarcated as plot 'C' in Ext.P1. The protection shall only be in respect of the property covered by Ext.P2 permit and Ext.P4 judgment. W.P.(C).No.15257 of 2009 :: 3 :: The writ petition is disposed of as above. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//