IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 17391 of 2011(Y) ------------------------------- PETITIONER(S): ----------------- 1. SENSO V. SCARIA, VADAKKEKKUDIYIL HOUSE, VADAKODU P.O., ERNAKULAM DISTRICT. 2. JOHNEY SEBASTIAN, KAPPALAUMAKKAL HOUSE, VADAKODU P.O., ERNAKULAM DISTRICT. 3. FRANCIS MATHEW, MACKUCHIRA HOUSE, VADAKODU P.O., ERNAKULAM DISTRICT. 4. TOMY EMMANUEL, MANKUDIYIL HOUSE, VADAKODU P.O., ERNAKULAM DISTRICT. 5. JACOB MATHEW, MACKUCHIRA HOUSE, VADAKODU P.O., ERNAKULAM DISTRICT. 6. JOSE GEORGE @ JAISON, MITTATHANICKAL HOUSE, VADAKODU P.O., ERNAKULAM DISTRICT. 7. GEORGE MATHEW, MITTATHANICKAL HOUSE, VADAKODU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA-683 101. WP(C).No. 17391 of 2011(Y) -2- 3. DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA-686 661. 4. SUB INSPECTOR OF POLICE VAZHAKULAM POLICE STATION, ERNAKULAM DISTRICT-686 670. 5. T.L.GEORGE, THOTTAUMARIKKAL HOUSE, VADAKODU, VAZHAKKULAM P.O., ERNAKULAM DISTRICT-686670. 6. JIJI, S/O.JOSEPH, EDAPUZHATHIL HOUSE, VADAKODU, VAZHAKKULAM P.O., ERNAKULAM DISTRICT-686 670. ADV. SRI.BABY KURIAKOSE FOR R5 SRI.P.VIJAYAKUMAR FOR R5 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17391 of 2011(Y) APPENDIX PETITIONER'S EXTS:- EXT.P1:- A TRUE COPY OF THE JUDGMENT DATED 16/07/09 IN WPC.27418/08. EXT.P2:- A TRUE COPY OF THE ORDER DATED 08/10/10 ISSUED BY THE DIRECTOR OF MINE SAFETY TO THE 5TH RESPONDENT. EXT.P3:- A TRUE COPY OF THE PETITION DATED 30/07/10 FILED BY THE PETITIONERS. EXT.P4:- A TRUE COPY OF THE PETITION DATED 01/06/11 FILED BY THE PETITIONERS. EXT.P5:- A TRUE COPY OF THE PETITION DATED 06/06/11 FILED BY THE PETITIONERS. EXT.P6:- A TRUE COPY OF THE PETITION DATED 13/06/11 FILED BY THE PETITIONERS. PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.17391 of 2011 ------------------------------------------------ Dated this the 13th day of July, 2011 JUDGMENT Pius C. Kuriakose, J The petitioners are opposed to the operation of a quarry by the 5th respondent upon land belonging to the 6th respondent. In fact, against the permits granted to the 5th respondent, the petitioners approached the Tribunal for Local Self Government Institutions and obtained stay. On account of that stay the quarry is not presently under operation. According to the petitioners, out of desperation, respondents 5 and 6 are threatening the petitioners and members of their families. There is a real threat on the lives and for the properties of the petitioners. It is so alleged in the Writ Petition. 2. The learned Government Pleader Smt.Charisma on W. P. C. No.17391 of 2011 -2- instructions submitted that as averred in the Writ Petition the quarry in question is not presently functioning due to stay order passed by the Tribunal for Local Self Government Institutions. On receiving complaint from the petitioners, the police registered Crime No.284/11 against respondents 5 and 6 alleging offences under Sections 294B and 506(1) IPC. However, the investigation into that crime revealed that the allegations in the complaint of the petitioners were not true. A referral report is going to be submitted in that crime. 3. The learned counsel for R5 and R6 submitted that the petitioners are in the habit of filing Writ Petitions and complaints without any basis. It is they who are harassing respondents 5 and 6. According to him, there is no warrant at all for issuance of the directions sought for, as they are not threatening the petitioners or their properties. Respondents 5 and 6 are only trying to have the matter presently pending before the Tribunal for Local Self W. P. C. No.17391 of 2011 -3- Government Institutions disposed of at the earliest so that the quarry can function. 4. Having considered the rival submissions addressed at the bar as well as the materials available on record, we are convinced that no case is made out by the petitioners for issuance of the directions sought for by them. We record the submission of the learned Government Pleader that if instances of real threat on the lives of the petitioners are reported, the police will take appropriate action after conducting due enquiries. 5. The Writ Petition is disposed of as above. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.17391 of 2011 -4-