IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 32972 of 2011(V) ------------------------------------ PETITIONER: ------------------- M/S.AMPADIYIL GRANITES, VALLICODE, KOTTAYAM P.O., PATHANAMTHITTA - 689656 REPRESENTED BY ITS PROPRIETOR, SRI.SADANANDAN. BY ADVS. SRI.BECHU KURIAN THOMAS SRI.ENOCH DAVID SIMON JOEL RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE, PATHANAMTHITTA - 689 645. 2. DEPUTY SUPERINTENDENT OF POLICE, ADOOR, PATHANAMTHITTA - 689 645. 3. CIRCLE INSPECTOR OF POLICE, KONNI POLICE STATION, PATHANAMTHITTA - 689 645. 4. SUB INSPECTOR OF POLICE, KODUMON POLICE STATION, PATHANAMTHITTA - 689 645. 5. PADMAKUMAR, PANCHAMI, ANGADIKKAL NORTH, PATHANAMTHITTA - 689 648. 6. SHYAM KUMAR, MATTAPPALLIL, ANGADIKKAL NORTH, PATHANAMTHITTA - 689 648. 7. MANOJ, MATTATHETHU, ANGADIKKAL SOUTH, PATHANAMTHITTA - 691 555. 8. RAHUL, SREEHARI, ANGADIKKAL NORTH, PATHANAMTHITTA - 689 648. 9. ANIL CHANDRASEKHAR, KIZHAVARATHEKKETHIL, ANGADIKKAL NORTH, PATHANAMTHITTA - 689 648. WP(C).No. 32972 of 2011(V) 10. JANAKEEIYA PRAKSHOBA SAMITHI, ANGADIKKAL, PATHANAMTHITTA - 689 648. REPRESENTED BY ITS SECRETARY SRI.ANIL CHANDRASEKHAR. BY GOVERNMENT PLEADER, SRI.SUSHEEL CYRIAC FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32972 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P-1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 26.03.2011 ISSUED TO THE PETITIONER BY THE DIRECTOR OF MINING AND GEOLOGY. EXT.P-2 TRUE COPY OF THE LICENSE DATED 12.05.2011 ISSUED TO THE PETITIONER FOR RUNNING A METAL CRUSHER UNIT. EXT.P-3 TRUE COPY OF THE CONSENT DTD.31.03.2011 ISSUED BY THE POLLUTION CONTROL BOARD VALID TILL 30.06.2013. EXT.P-4 TRUE COPY OF THE EXPLOSIVE LICENSE DTD.16.09.2011 ISSUED TO THE PETITIONER VALID UPTO 31.03.2015 EXT.P-5 TRUE COPY OF ONE SUCH NOTICE DTD.26.11.2011 ISSUED BY THE 10TH RESPONDENT. EXT.P-6 TRUE COPY OF ONE SUCH NOTICE DTD.20.11.2011 ISSUED BY THE KODUMON PANCHAYATH COMMITTEE OF THE BHARATIYA JANATHA PARTY. EXT.P6(a) TRUE COPY OF ONE SUCH NOTICE ISSUED BY THE KODUMON PANCHAYATH COMMITTEE OF THE BHARATIYA JANATHA PARTY. EXT.P6(b) TRUE COPY OF THE NOTICE ISSUED BY THE BJP WHEREIN THEY STATE THAT THE 10TH RESPONDENT HAS NO CONNECTION WHATSOEVER WITH THE BJP OR ITS ALLIES. EXT.P6(c) TRUE COPY OF THE NOTICE ISSUED BY THE BJP WHEREIN THE KODUMON PANCHAYATH COMMITTEE OF THE BHARATIYA JANATHA PARTY DISSOLVED THE ANGADIKKAL WARD COMMITTEE OF THE PARTY. EXT.P-7 TRUE COPY OF ONE SUCH COMMON NOTICE DTD.27.10.2011 ISSUED BY THE TRADE UNIONS OF DIFFERENT POLITICIAL PARTIES. EXT.P-8 TRUE COPY OF THE NOTICE DTD.01.12.2011 ISSUED BY THE 10TH RESPONDENT CALLING UPON THE PUBLIC TO OBSERVE 11.12.2011 AS 'BLACK DAY' (KARIDINAM) WP(C).No. 32972 of 2011(V) EXT.P8(a) TRUE COPY OF ONE SUCH WALL POSTER. EXT.P-9 TRUE COPY OF COMPLAINT DATED 08.12.2011 FILED BEFORE THE 1ST RESPONDENT. EXT.P9(a) TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS :NIL /TRUE COPY/ P.A.TO JUDGE PIUS C. KURIAKOSE & K HARILAL,JJ. ------------------------------------------------- W.P.(c)No.32972 of 2011 ------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT PIUS C. KURIAKOSE,J This writ petition has been filed by an establishment, which has been conducting a quarry and a metal crusher unit for the last several years seeking police protection to the life of the petitioner, his staff and workers and also for the smooth functioning of his establishment, from all or any of the obstructions from the part of the respondents 5 to 10. The allegation in this writ petition is without any justifiable cause. Party/respondents 5 to 10 are obstructing the functioning of the petitioner's establishment. On considering this writ petition for admission, this Court on 09.12.2011 passed the following interim order. “In the meanwhile , there will be a direction to the 4th respondent to afford requisite police protection to the proprietor, employees and to the customers of Ampadiyil Granites, Vallikode, Kottayam (PO) and also for their equipment and materials collected in their premises on 11.12.2011.” W.P.(c)No.32972 of 2011 2 2. Sri.Susheel Cyriac, Government Pleader, on the basis of instructions, submitted that the above interim order has been complied with and at the moment there is no law and order situation warranting further directions in this writ petition. All the averments in the writ petition against the party/respondent stand established against them by non-traverse. Interim order is already issued granting adequate protection to the petitioner. We confirm the interim order and dispose of this writ petition directing respondents Nos.3 and 4 to take immediate action on receipt of reports from the petitioner as to further obstructions from the party/respondents in the matter of the normal working of the quarry and the metal crusher unit. PIUS C. KURIAKOSE, JUDGE K.HARILAL, JUDGE ln