IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 36390 of 2008(F) -------------------------- PETITIONER(S): --------------- JOHNSON.E.V.,42 YEARS,S/O.VAREED, ERANGATH HOUSE, KUNDOOR, THRISSUR DISTRICT. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): --------------- 1. GEOLOGIST, DISTRICT OFFICE, MINING AND GEOLOGY DEPARTMENT THRISSUR DISTRICT 2. SUB INSPECTOR, MALA POLICE STATION, MALA, THRISSUR DISTRICT. 3. RAJU P.,POPPULLY HOUSE, KOCHUKADAVU, ERAVATHUR P.O.,THRISSUR DISTRICT. 4. SHAFEEQ P.B. PLAKKEL HOUSE, KOCHUKADAVU, ERAVATHUR P.O., THRISSUR DISTRICT. 5. KAREEM,S/O.MOHAMMED, KURUPPUMPALATH HOUSE,KOCHUKADAVU, ERAVATHUR P.O., THRISSUR DISTRICT. 6. ALI P.A S/.ADIMA, PLAKKAL HOUSE, KOCHUKADAVU, ERAVATHUR P.O.,THRISSUR DISTRICT. 7. STATE OF KERALA REPRESENTED BY HOME SECRETARY,THIRUVANANTHAPURAM. BY SR.GOVT. PLEADER SRI.BENJAMIN PAUL – R1,R2 & R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 36390 OF 2008-F ----------------------------------------- Dated 10th December, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner has approached this Court, seeking the following relief: “(i) issue a writ order or direction in the nature of a writ of mandamus commanding respondent No.2 to give adequate police protection to the petitioner for doing the quarrying work as per Ext.P1 permit given by the 1st respondent.” Ext.P1 is a quarrying permit granted to him by the 1st respondent Geologist for quarrying 1000 MT of clay from a plot of land in Sy.No.935/1 of Thirumukkulam Village in Mukundapuram Taluk. When the petitioner tried to start quarrying on 4.12.2008, the respondents 3 to 6 caused obstruction to the same. Immediately, he filed Ext.P2 petition before the police. Alleging that the police did WPC 36390/08 : 2 : . not extend any helping hand, this Writ Petition is filed 2. If respondents 3 to 6 are causing obstruction to the quarrying, the remedy of the petitioner lies before the civil court. If the petitioner gets an injunction order from the civil court and if it is violated, the said court can address the police to render necessary assistance to him to enforce its order. The justifiability of the obstruction caused by respondents 3 to 6 can be considered by the civil court. In view of the said position, the Writ Petition is dismissed without prejudice to the contentions of the petitioner and his right to move the competent civil court for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/