IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 13607 of 2009(Q) ------------------------------------- PETITIONER(S): --------------------- VIJAYA HARIPRASAD, MAMPRAKIZHAKKATHIL, CHERIYANADU, CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAVEENDRAN RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE SUB DIVISIONAL MAGISTRATE, CHENGANNUR. 3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 4. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No.13607 OF 2009 =========================== Dated this the 22nd day of May,2009 JUDGMENT Petitioner filed W.P.(C)8379/2009 for adequate protection for conducting quarrying and transport of laterate building stone, earth and mud alleging interference and intervention by the fourth respondent in the Writ Petition. As per Ext.P1 order, the Division Bench directed that if a written request is made by the petitioner to the Sub Inspector of Police, the third respondent in the Writ Petition, against any physical obstruction caused to the work carried out by him, the Sub Inspector shall visit the premises and if he is satisfied that such obstruction is caused, necessary protection shall be afforded. It is also made clear that petitioner shall ensure that the tipper lorry carrying the load shall not be run W.P.(C) 13607/2009 2 at high speed and the speed shall be limited to 35 k.m per hour and the road being a mud road, petitioner shall sprinkle water on the road. Ext.P1 order was passed on 24.3.2009. Subsequently second respondent, the Sub Divisional Magistrate, Chengannur, issued Ext.P2 preventive order under section 144(1) of the Code of Criminal Procedure prohibiting demolition of hills or filling up of paddy fields for the period from 24.4.2009 to 31.5.2009. Ext.P2 order itself makes it absolutely clear that the said preventive order is not valid in respect of sunami works as well as works sanctioned by the court. Petitioner filed this petition under Article 226 of the Constitution of India to quash Ext.P2 contending that it is in violation of Ext.P1 judgment and also for a direction not to implement Ext.P2 order in respect of the work under Ext.P1 judgment. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were W.P.(C) 13607/2009 3 heard. 3. As is clear from Ext.P2 order itself, the preventive order is not valid in respect of the works permitted by the court. Therefore Ext.P2 order cannot be in violation of Ext.P1 order passed by this court, when Ext.P2 itself makes it clear that it is not valid in respect of works sanctioned by the court. Hence it is not necessary to give any direction as sought for by the petitioner. Writ Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006