IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 25976 of 2011(V) ----------------------------------------- PETITIONER(S): ------------------------ C.N.RAJEEVAN, AGED 49 YEARS, MANAGING PARTNER, SAKTHI METALS, NANDIPULAM P.O., S/O. NARAYANAN, CHULLIPARAMBIL HOUSE, NANDIPULAM, THRISSUR. BY SRI. RENJITH THAMPAN, SENIOR ADVOCATE, BY ADV. SRI.V.M.KRISHNAKUMAR, SMT. P.R. REENA, SRI.M.V.ANANDAN. RESPONDENT(S): --------------------------- 1. K.K.RAJAN, KOLATHUPARAMBIL HOUSE, KARAYAMPADAM, VARANDARAPPILLY, THRISSUR-680 303. 2. K.V.JOSEPH, S/O. VAREED, KATTILAPEEDIKAYIL HOUSE, NANDIPULAM, THRISSUR DISTRICT-680 319. 3. SAJEEVAN, S/O. SURENDRAN, KANNIYAMPARAMBIL HOUSE, NANDIPULAM, THRISSUR DISTRICT-680 319. 4. JOSE, S/O. RAPPAYI, KATTILAPEEDIKA HOUSE, NANDIPULAM, THRISSUR DISTRICT-680 319. Kss ..2/- ..2.... WPC.NO.25976/2011 V 5. C.N.ASOKAN, MEMBER, WARD NO.20, VARANTHARAPPALLY PANCHAYAT, THRISSUR DISTRICT-680 303. 6. SUPERINTENDENT OF POLICE, THRISSUR DISTRICT-680 001. 7. CIRCLE INSPECTOR OF POLICE, PUDUKKAD POLICE STATION, THRISSUR DISTRICT-680 301. 8. SUB INSPECTOR OF POLICE, VARANDARAPPILLY POLICE STATION, THRISSUR DISTRICT-680 303. * ADDL.R9 IMPLEADED: R9. THE HEADLOAD WORKERS WELFARE BOARD, THE DISTRICT EXECUTIVE OFFICER, THRISSUR. *(ADDL. R9 IS IMPLEADED AS PER ORDER DATED 30.09.2011 IN WP(C).25976/2011) **ADDL.R10 IMPLEADED: R10. VARANDARAPPILLY GRAMA PANCHAYAT, REPRESENTED BY SECRETARY. R11. SENIOR ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, THRISSUR. ** (ADDL.R10 & R11 ARE IMPLEADED SUO MOTU AS PER ORDER DATED 27.10.2011) R6,R7 & R8 BY GOVERNMENT PLEADER SMT. P.MAYA ADDL.R9 BY ADV. SRI.KOSHY GEORGE, SC ADDL.R11 BY ADV. SRI. M.K.CHANDRAMOHAN DAS, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011 ALONG WITH WPC.NO.26087 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25976/2011 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE QUARRYING LEASE DTD.5.10.2001 OBTAINED BY THE PETITIONER UNDER THE MINOR MINERAL CONCESSION RULES. EXT.P2 : TRUE COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD DTD.8.3.2010. EXT.P3 : TRUE COPY OF THE LICENCE UNDER THE DEPARTMENT OF EXPLOSIVES, DTD.16.1.2002. EXT.P3(a): TRUE COPY OF THE LE 3 LICENCE DTD.27.11.2001. EXT.P3(b): TRUE COPY OF THE LETTER DTD.24.4.09 OF THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES. EXT.P4 : TRUE COPY OF THE LICENCE NO.60/2010-2011 ISSUED BY THE PANCHAYAT. EXT.P5 : TRUE COPY OF THE RECEIPT DTD.1.3.2011 ISSUED BY THE GRAMA PANCHAYAT. EXT.P5(a): TRUE COPY OF THE RECEIPT DTD.28.2.2011 ISSUED BY THE PANCHAYAT EVIDENCING THE RECEIPT OF RENEWAL APPLICATION. EXT.P6 : TRUE COPY OF THE JUDGMENT IN WPC NO.19812/2004 DTD.14.7.2004. EXT.P7 : TRUE COPY OF THE LETTER DTD.10.12.2010 OF VARANDARAPPILLY PANCHAYAT. EXT.P8 : TRUE COPY OF THE ORDER DTD.22.8.2011 OF THE TRIBUNAL. EXT.P9 : TRUE COPY OF THE LETTER DTD.21.9.2011 OF THE PANCHAYAT. EXT.P10: TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM, DTD.23.9.2011. EXT.P11: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DTD.21.9.2011. Kss ..2/- ...2.... WPC.NO.25976/2011 V P12: COPY OF THE LIST OF QUARRIES PREPARED BY THE SECRETARY OF THE VARANDARAPPILLY GRAMA PANCHAYAT. P13: COPY OF THE ORDER OF THE TRIBUNAL IN I.A.NO.193/2011 DTD. 24/02/2011. P14: COPY OF THE RECEIPT DTD. 28/02/2011 ISSUED BY THE VARANDARAPPILLY GRAMA PANCHAYAT EVIDENCING RECEIPT OF RENEWAL APPLICATION. P15: COPY OF THE LETTER DTD. 20/04/2011 OF THE VARANDARAPPILLY PANCHAYAT. P16: COPY OF THE APPEAL FILED BEFORE THE PANCHAYAT COMMITTEE DTD. 12/04/2011. P17: COPY OF THE RECEIPT DTD. 13/05/2011 ISSUED BY THE PANCHAYAT. RESPONDENTS' EXHIBITS: R1(A): COPY OF THE NEWS REPORT IN MALAYALA MANORAMA DAILY DTD.30/09/2011. R1(B): COPY OF THE PAPER REPORT DTD. 28/09/2011 OF THE MALAYALA MANORAMA DAILY. R1(C): COPY OF THE PAPER REPORT IN MATHRUBHUMI DAILY DTD. 21/09/2011. R1(D): COPY OF THE REPORT IN MATHRUBHUMI DAILY DTD. 21/09/2011. R1(E): COPY OF THE COMMISSIONER'S REPORT AND PLAN IN THE CIVIL DISPUTE. R1(F): COPY OF THE COMMUNICATION OF THE VARANTHARAPPILLY GRAMA PANCHAYATH DTD. 10/12/2010. R1(G): COPY OF THE COMMUNICATION BY THE PANCHAYATH DTD. 30/03/2011. /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NOs. 25976 & 26087 OF 2011 ------------------------ Dated this the 13th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. These writ petitions have been filed by the operators of granite quarries with identical averments seeking police protection to the petitioners and their workers for operating the quarries in case there is obstructions to the same by the party respondents and men acting under them. 2. In W.P.(C) NO.25976/2011, there are altogether party respondents 1 to 5. Respondents 1 to 4 did file a counter affidavit. But, it was submitted by Sri.G.Srekumar Chelur learned counsel appearing for them that he has given up the brief and the party respondents have been advised to engage fresh counsel if they so choose. There is no appearance for the party respondents. 3. The same is the position in W.P.(C) No. 26087/2011. In fact respondents 1 to 4 in this writ petition are respondents 1 to 4 in W.P.(C) No.25976/2011 also. In this case also, respondents W.P.(C) Nos. 25976 & 26087 /2011 2 1 to 4 did file a counter affidavit to which the petitioners filed a reply affidavit. Here also there is no contest now from the part of respondents 1 to 4. The only remaining party respondent is one C.N.Asokan, local Panchayat member. Though he was served with notice by special messenger, he has not turned up . All the averments in the writ petition stands established as against him by non traverse. 4. The local authority, the Varandarappilly Grama Panchayat, was impleaded and served with notice to find out whether the Panchayat is presently having any objection to the quarries being operated. The Panchayat has not come forward to raise any objection. The Pollution Control Board was impleaded as additional respondents No. 11. They also do not have a case before us that any of the conditions in the consent issued by the Pollution Control Board are being violated by the petitioners in these writ petitions. The records produced along with the writ petition will show that the petitioners are operating the quarry on the strength of all statutory licences, permits and consents issued by the authorities such as the local authority, the Mining and Geology Department, the Pollution Control Board, W.P.(C) Nos. 25976 & 26087 /2011 3 etc. We do not find any reason as to why relief should not be granted to the petitioners. 5. We allow both these writ petitions and direct respondents 6 to 8 to afford requisite protection to the petitioners, for their workers for carrying on operations in quarry. But we make it clear that these directions will be in currency only so long as the permit and consent and license etc. are valid. If any competent authority i.e. the Panchayat, the pollution Control Board or the Geologist issues stop memo, these directions for police protection will stand automatically withdrawn. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) Nos. 25976 & 26087 /2011 4