IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 23123 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. CHANDRASEKHARAN C., ARUNALAYALM,THATTAM MUNNA,NOORNADU P.O., MAVELIKKARA,NOW EMPLOYED AT LAGAS,NIGERIA, REP.BY HIS POWER OF ATTORNEY USHA CHANDRAN, W/O.CHANDRASEKHARAN C.,ARUNALAYALM,THATTAM MUNNA, NOORNADU P.O.,MAVELIKKARA. 2. USHA CHANDRAN,W/O.CHANDRASEKHARAN C., ARUNALAYALM,THATTAM MUNNA, NOORNADU P.O.,MAVELIKKARA. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, S.P.OFFICE,ALAPPUZHA. 2. DEPUTY SUPERINTENDENT OF POLICE, O/O.DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR. 3. CIRCLE INSPECTOR OF POLICE, CIRCLE OFFICE,MAVELIKKARA. 4. SUB INSPECTOR OF POLICE, POLICE STATION,NOORNAD. 5. SREEKUMAR, EDASHERRIL SREEMANGALAM,KUNNUMKUZHY, THAMARAKULAM VILLAGE. ADV. SRI.S.BIJU (KIZHAKKANELA) FOR R5 R1 TO R4 BY GOVT.PLEADER SRI.RAVINDRA BABU.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.23123/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE PROPERTY TAX RECEIPT NO.2380485 DATED 12-1-2009 EXT.P2. TRUE COPY OF THE PERMIT DATED 8-4-2009 ISSUED BY THE DISTRICT GEOLOGIST, ALAPPUZHA IN FAVOUR OF THE 2ND PETITIONER. EXT.P3. TRUE COPY OF THE LOCATION SKETCH PREPARED BY THE VILLAGE OFFICER, THAMARAKKULAM. EXT.P4. TRUE COPY OF THE PETITION DATED 19-4-2009 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P5. TRUE COPY OF THE RECEIPT DATED 19-4-2009 ISSUED BY THE 4TH RESPONDENT. EXT.P6. TRUE COPY OF THE CHALAN DATED 8-4-2009 WHEREBY THE 2ND PETITIONER PAID ROYALTY. EXT.P7. PHOTOSTAT COPY OF THE CONSENT LETTER DATED 16-10-2008. EXT.P8. PHOTOSTAT COPY OF THE APPLICATION DATED 31-8-2009 SUBMITTED UNDER THE RIGHT TO INFORMATION ACT. EXT.P9. PHOTOSTAT COPY OF THE RECEIPT DATED 31-8-2009 ISSUED BY THE PANCHAYAT SECRETARY ACKNOWLEDGING THE RECEIPT OF EXT.P8 APPLICATION. RESPONDENTS' EXHIBITS: EXT.R5(a) TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE 1ST PETITIONER AND THE 5TH RESPONDENT. EXT.R5(b) TRUE COPY OF THE CONSENT LETTER DATED 16-10-2008 ISSUED BY THE FIRST PETITIONER. EXT.R5(c) TRUE COPY OF THE PERMIT DATED 8-9-2008 EXT.R5(d) TRUE COPY OF THE PAGES 1 AND 2 OF THE SAID DIARY SHOWING DETAILS OF PAYMENT RECEIVED BY R2. EXT.R5(e) TRUE COPY OF THE ORDER DATED 14-11-2008 ISSUED BY THE SECRETARY, THAMARAKKULAM GRAMA PANCHAYAT. EXT.R5(f) TRUE COPY OF THE PERMIT DATED 9-12-2008 ISSUED BY THE MINING AND GEOLOGY DEPARTMENT. EXT.R5(g) TRUE COPY OF THE CHELLAN RECEIPT SHOWING PAYMENT OF ROYALTY. EXT.R5(h) TRUE COPY OF THE PASS ISSUED AS PER KERALA MINOR MINERAL CONCESSION RULES. EXT.R5(i) TRUE COPY OF THE COMPLAINT DATED 13-4-2009 SUBMITTED BY THE 5TH RESPONDENT. EXT.R5(j) TRUE COPY OF THE CAVEAT PETITION FILED BY THE 2ND PETITIONER. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.23123 of 2009 ----------------------------------------- Dated this the 6th day of October, 2009 JUDGMENT Kurian Joseph,J. The prayer is for police protection for extracting laterite stone from the property comprised in Re.Sy.No.35/11 in Block No.18 of Thamarakkulam Village. Learned counsel appearing for the 5th respondent submits that he too possesses a valid permit in respect of the very same property. Those are all matters for the appropriate forum to adjudicate. It is also submitted that the Panchayat has banned the mining in the whole Panchayat. If that be so, there cannot be mining by anybody. So long as the petitioners possess valid permit/licence from the competent authority concerned, the dispute between the parties cannot stand in the way of the petitioners exercising their right as per the permit/licence for removing the laterite stone. Therefore, we dispose of the writ petition as follows. In case the petitioners possess the required permit from the competent authority and Thamarakkulam Panchayat, unless W.P(C)No.23123 of 2009 -:2:- interdicted by the civil court or any competent forum, the petitioners shall be granted protection for removal of laterite stone as per the permit/licence. We make it clear that this judgment shall not stand in the way of the 5th respondent or any other aggrieved person approaching the civil court or any competent forum. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.23123 of 2009 ---------------------------- JUDGMENT 6th October, 2009