IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 29108 of 2009(G) -------------------------- PETITIONER: --------------- BASELIOUS MINING AND GRANITES (INDIA) PRIVATE LIMITED, IST FLOOR, MARTHOMA CHERIYAPALLY BUILDING, OPPOSITE REVENUE TOWER, KOTHAMANGALAM ERNAKULAM DISTRICT, REP. BY ITS MANAGING DIRECTOR ROY KURIAN, THANNICKOTTU HOUSE, KARINGHAZHA, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: --------------- 1. BINOY THOMAS, MANNACHERIL HOUSE, PERUMANNUR P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686 691. 2. JOSEPH @ BABY, OLIYIL HOUSE, NADUKANI P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686 691. 3. JOSHY, KARAKKUNNEL HOUSE, NADUKANI P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686 691. 4. UTHUPP JOSEPH, VADAKKE MUTTAPPILLIL HOUSE, PERUMANNUR P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686 691. 5. VINCENT, NAMBALAMPARAYIL HOUSE, PERUMANNUR P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686 691 6. BENNY JOSEPH, KOZHIKKALATTU HOUSE, PERUMANNUR P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686 691 WP(C) 29108/2009 2 7. BIJU MATHEW @ KUTTAI, CHOLAYIL HOUSE, PERUMANNUR P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686 691 8. THE DISTRICT SUPERINTENDENT OF POLICE, RURAL, ALUVA. 9. THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA. 10. THE CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM. 11. THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM. ADDITIONAL RESPONDENTS: 12 THE KEERAMPARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY. 13 THE TAHSILDAR, KOTHAMANGALAM. 14. V.K. ELDHOSE, VELLAMKUZHY HOUSE, KEERAMPARA GRAMA PANCHAYATH, HOUSE NO. 188, NADUKANI P.O., PERUMBAVOOR, KOTHAMANGALAM. 15. VARKEY, S/O. ANTHONY, AGED 52 YEARS, MANALIKUDY HOUSE, NADUKANI P.O., KEERAMPARA VILLAGE, KOTHAMANGALAM. 16. K.O. FRANCIS, S/O. OUSEPH, AGED 47 YEARS, KOTTEKUDY HOUSE, NADUKANI P.O., KEERAMPARA VILLAGE, KOTHAMANGALAM. (ADDITIONAL R12 IS IMPLEADED AS PER ORDER DATED 3.11.2009 IN THE WRIT PETITION. ADDITIONAL R13 IS IMPLEADED AS PER ORDER DATED 15.10.2010 IN THE WRIT PETITION. ADDITIONAL R14 IS IMPLEADED AS PER ORDER DATED 10.11.2010 IN I.A. 15565 OF 2010. WP(C) 29108/2009 3 ADDITIONAL R 15 AND R 16 ARE IMPLEADED AS PER ORDER DATED 24.11.2010 IN I.A. 15343 OF 2010.) R1 TO R4 BY ADVS. M/S. DILEEP & K.PAUL KURIAKOSE R7 BY ADV. SRI.K.K.MOHAMED RAVUF R12 BY ADV. SRI.S.SHANAVAS KHAN R14 & R15 BY ADV. SRI.ALEXANDER JOSEPH SR. GOVERNMENT PLEADER SRI. R. LAKSHMINARAYAN SMT.PRABHA R.MENON FOR ADDL R14 SRI.M.KRISHNAKUMAR FOR ADDL R14 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 29108/2009 4 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER COMPANY DATED 6.2.2008 ISSUED BY THE REGISTRAR OF COMPANIES. EXT.P2 TRUE PHOTOCOPY OF THE RESOLUTION DATED 16.9.2008 OF THE BOARD OF DIRECTORS OF THE PETITIONER. EXT.P3 TRUE PHOTOCOPY OF THE CERTIFICATE DATED 10.3.2008 ISSUED BY THE DEPARTMENT OF INDUSTRIES. EXT.P4 TRUE PHOTOCOPY OF THE ORDER DATED 26.9.2008 ISSUEUD BY THE SENIOR GEOLOGIST. EXT.P5 TRUE PHOTOCOPY OF THE ORDER DATED 25.9.2009 ISSUED BY THE SENIOR GEOLOGIST OF THE MINING & GEOLOGY DEPARTMENT. EXT.P6 TRUE PHOTOCOPY OF THE ORDER DATED 27.7.2009 ISSUED BY THE SENIOR GEOLOGIST. EXT.P7 TRUE PHOTOCOPY OF THE LICENSE DATED 27.4.2009 ISSUED BY THE KEERAMPARA GRAMA PANCHAYAT. EXT.P8 TRUE PHOTOCOPY OF THE AGREEMENT DATED 5.10.2009 ENTERED INTO BETWEEN THE PETITIONER WITH N.A. THOMAS. EXT.P9 TRUE PHOTOCOPY OF THE CERTIFICATE DATED 23.1.2006 ISSUED FROM THE OFFICE OF THE EXPLOSIVES DEPARTMENT IN FAVOUR OF N.A. THOMAS. EXT.P10 TRUE PHOTOCOPY OF THE CERTIFICATE DATED 1.10.2009 ISSUED FROM THE OFFICE OF THE EXPLOSIVES DEPARTMENT IN FAVOUR OF N.A. THOMAS. EXT.P11 TRUE PHOTOCOPHY OF THE LICENSE DATED 21.10.2005 ISSUED BY THE EXPLOSIVES DEPARTMENT ISSUED TO N.A. THOMAS. EXT.P12 TRUE PHOTOCOPY OF THE CIRCULAR DATED 25.5.2009 ISSUED BY THE CONTROLLER OF EXPLOSIVES DEPARTMENT. EXT.P13 TRUE PHOTOCOPHY OF THE CERTIFICATE DATED 23.3.1998 ISSUED BY THE MINING DEPARTMENT. WP(C) 29108/2009 5 EXT.P14 TRUE PHOTOCOPY OF THE CONSENT LETTER ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 23.4.2009. EXT.P15 TRUE PHOTOCOPY OF THE CONSENT LETTER ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 11.4.2008. EXT. P16 TRUE PHOTOCOPY OF THE AGREEMENT DATED 22.5.2009 BETWEEN THE PETITIONER AND SRI. V.K. DIVAKARAN. EXT.P17 TRUE PHOTOCOPY OF THE PERMIT ISSUED BY THE CONTROLLER OF EXPLOSIVIES, ERNAKULAM DATED 14.7.1992 IN FAVOUR OF SRI. V.K. DIVAKARAN. EXT.P18 TRUE PHOTOCOPY OF THE SANCTION LETTER ISSUED BY THE DISTRICT MEDICAL OFFICER, ERNAKULAM DATED 12.2.2009 TO THE SECRETARY, KEERAMPARA GRAMA PANCHAYAT. EXT.P19 TRUE PHOTOCOPY OF THE CERTIFICATE DATED 13.5.2009 ISSUED BY THE VILLAGE OFFICER, KEERAMPARA. EXT.P20 TRUE PHOTOCOPY OF THE AGREEMENT DATED 11.5.2009 BETWEEN THE PETITIONER AND SP CONSTRUCTIONS, MARADU. EXT.P21 TRUE PHOTOCOPY OF THE RECEIPT ISSUED BY THE NATIONAL INSURANCE CO. LTD. 29.5.2009. EXT.P22 TRUE PHOTOCOPY OF THE PETITION DATED 9.6.2009 SUBMJITTESD BY THE PETITIONER ALONG WITH ANOTHER BEFORE THE 11TH RESPONDENT. EXT.P23 TRUE PHOTOCOPY OF THE RECEIPT DATED 9.6.2009 ISSUED BY THE 11TH RESPONDENT. EXT.P24 TRUE PHOTOCOPY OF THE PETITION DATED 15.6.2009 SUBMITTED BY THE PETITIONER ALONG WITH ANOTHER BEFORE THE 11TH RESPONDENT. EXT.P25 TRUE PHOTOCOPY OF THE RECEIPT DATED 16.6.2009 ISSUED BY THE 11TH RESPONDENT. EXT.P26 TRUE PHOTOCOPY OF THE PETITION DATED 8.10.2009 SUBMITTED BY THE PETITIONER ALONG WITH ANOTHER BEFORE THE 10TH RESPONDENT. WP(C) 29108/2009 6 EXT.P27 TRUE PHOTOCOPY OF THE RECEIPT DATED 8.10.2009 ISSUED BY THE 11TH RESPONDENT. EXT.P28 TRUE PHOTOCOPY OF THE PETITION DATED 10.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, KEERAMPARA GRAMA PANCHAYAT. EXT.P29 TRUE PHOTOCOPY OF THE RECEIPT DATED 10.11.2009 ISSUED BY THE SECRETARY, KEERAMPARA GRAMA PANCHAYAT. EXT.P30 TRUE PHOTOCOPY OF THE PETITION DATED 10.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER, KEERAMPARA. EXT.P31 TRUE PHOTOCOPY OF THE PETITION DATED 11.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM. EXT.P32 TRUE PHOTOCOPY OF THE MEMORADUM OF APPEAL DATED 24.11.2008 SUBMITTED BY ROY KURIAN BEFORE THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. EXT.P33 TRUE PHOTOCOPY OF THE NOTICE DATED 12.11.2009 ISSUED BY THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. EXT.P34 TRUE PHOTOCOPY OF THE APPLICATION DATED 26.2.2008 SUBMITTED BY BABY THOMAS BEFORE THE DISTRICT COLLECTOR, ERNAKULAM. EXT.P35 TRUE PHOTOCOPY OF THE REPORT FORWARDED BY THE TAHSILDAR, KOTHAMANGALAM TO THE DISTRICT COLLECTOR, ERNAKULAM. EXT.P36 A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY ADDITIONAL DISTRICT MAGISTRATE DATED 10.5.2010 ISSUED TO THE DIRECTOR OF THE PETITIONER COMPANY. EXT.P37 A TRUE COPY OF THE D & O LICENSE ISSUED BY THE 12TH RESPONDENT TO THE PETITIONER COMPANY FOR FUNCTIONING THE QUARRY DATED 18.5.2010 WHICH IS VALID UP TO 31.3.2011. EXT.P38 A TRUE COPY OF THE QUARRYING PERMIT DATED 24.7.2010 ISSUED BY THE GEOLOGIST, MINING & GEOLOGY DEPARTMENT, ERNAKULAM. WP(C) 29108/2009 7 EXT.P39 A TRUE COPY OF THE FORM LE-3 LICENCE ISSUED TO THE DIRECTOR OF THE PETITIONER BY THE JOINT CHIEF C ONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI, DATED 05.08.2010. EXT.P40 A TRUE COPY OF THE ORDER DATED 5.7.2008 REJECTING THE APPLICATION FOR NOC SUBMITTED BY THE PETITIONER. EXT.P41 A TRUE COPY OF THE ORDER DATED 23.12.2009 PASSED BY THE COMMISSIONER OF LAND REVENUE. EXT.P42 A TRUE COPY OF THE JUDGMENT DATED 29.3.2010 IN W.P. (C) NO. 2058 OF 2010 PASSED BY THIS HON'BLE COURT. EXT.P43 A TRUE COPY OF THE CERTIFICATE ISSUED BHY SRI. N.A. THOMAS, THE HOLDER OF EXHIBIT P13 CERTIFICATE DATED 30.8.2010. EXT.P44 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE MANAGING DIRECTOR OF THE PETITIONER COMPANY DATED 26.2.2008. EXT.P45 A TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE BOARD MEETING OF THE PETITIONER COMPANY HELD ON 21.11.2008. EXT.P46 A TRUE COPY OF THE AFFIDVIT DATED 3.9.2010 SWORN BY THE MINING MATE APPOINTED IN THE PETITIONER'S QUARRY. EXT.P47 A TRUE COPY OF THE LICENSE ISSUED BY THE 12TH RESPONDENT FOR INSTALLATION AND OPERATING THE EXPLOSIVE MAGAZINE DATED 31.8.2010. EXT.P48 A TRUE COPY OF THE FORM LE-3 LICENSE ISSUED IN FAVOUR OF THE DIRECTOR, M/S. BASELIOUS MINING AND GRANITES (INDIA) PRIVATE LIMITED TRANSFERRING EXT. P39 DATED 28.9.2010. EXT.P49 A TRUE COPY OF THE QUARRYING PERMIT DATED 27.9.2010 ISSUED BY THE GEOLOGIST, ERNAKULAM, TO THE PETITIONER COMPANY VALID UP TO 26.9.2011. EXT.P50 A TRUE COPY OF THE SALE DEED NO. 6794 DATED 26.9.2008 OF KOTHAMANGALAM S.R.O. WP(C) 29108/2009 8 EXT.P50(a) A TRUE COPY OF THE SALE DEED NO. 6795 DATED 26.9.2008 OF MKOTHAMANGALAM S.R.O. EXT.P51 A TRUE COPY OF THE SALE DEED NO. 6175 OF 2010 DATED 30.10.2010. RESPONDENTS' EXHIBITS: EXT.R1(a) PHOTOSTAT TRUE COPY OF THE NEWS REPORT OF THE PROTESTS WHICH APPEARED IN MALAYALA MANORAMA DAILY DATED 20.6.2009. EXT.R1(b) PHOTOSTAT TRUE COPY OF NEWS PAPER REPORT WHICH APPEARED IN MANGALAM DAILY DATED 3.7.2009. EXT.R1(c) PHOTOSTAT TRUE COPY OF COMPLAINT BEFORE THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA DATED 19.5.2009. EXT.R1(d) PHOTOSTAT TRUE COPY OF MINUTES OF THE HEARING TOGETHEHR WITH THE COVERING LETTER DATED 17.9.2009. EXT. R1(e) PHOTOSTAT TRUE COPY OF APPLICATION DATED 30.4.2009 TOGETHER WITH THE REPLY DATED 18.5.2009. EXT.R1(f) PHOTOSTAT TRUE COPY OF THE PROCEEDINGS ISSUING QUARRYING LEASE DATED 9.9.2008. EXT.R1(g) PHOTOSTAT TRUE COPY OF THE PROCEEDINGS ISSUING QUARRYING LEASE DATED 23.4.2009. EXT.R5(a) PHOTOSTAT TRUE COPY OF A LIST OF THE NUMBER OF THE HOUSES AND THE PERSONS. EXT.R5(b) PHOTOSTAT TRUE COPY OF RESOLUTION DATED 16.11.2008. EXT.R5(c) PHOTOSTAT TRUE COPY OF RESOLUTION DATED 16.11.2008. EXT.R5(d) PHOTOSTAT TRUE COPY OF REQUEST DATED 31.10.2008 MADE UNDER THE RIGHT TO INFORMATION ACT AND REPLY GIVEN BY THE MINING & GEOLOGY DEPT. EXT.R5(e) PHOTOSTAT TRUE COPY OF REPORT OF THE VILLAGE OFFICER, KEERAMPARA. WP(C) 29108/2009 9 EXT.R5(f) PHOTOSTAT TRUE COPY OF THE REPORT OF THE TAHSILDAR, KOTHAMANGALAM. EXT.R5(g) PHOTOSTAT TRUE COPY OF PROCEEDINGS OF THE ADDL. DISTRICT MAGISTRATE, ERNAKULAM. EXT.R5(H) PHOTOSTT TRUE COPY OF NOTICE ISSUED TO THE 5TH RESPONDENT. EXT.R12(a) TRUE COPY OF THE SALE DEED NO. 1916/2009 OF SRO, KOTHAMANGALAM. EXT.R12(b) TRUE COPY OF THE SKETCH AND THE REPORT DATED 25.7.2008 PREPARED BY THE VILLAGE OFFICER, KEERAMPARA. EXT.R14(a) PHOTOSTAT COPY OF THE SKETCH PREPARED ON 11.11.2010. EXTY.R13(b) PHOTOSTAT COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, KEERAMPARA DATED 30.9.2008. EXT.R14(c) PHOTOCOPY OF THE BASIC TAX RECEIPT ISSUED FROM KEERAMPARA VILLAGE. EXT.R14(d) TRUE COPY OF RATION CARD NO. 1739006377 RELEVANT PAGES. EXT.R14(e) TRUE COPY OF BUILDING OWNERSHIP CERTIFICATE ISSUED BY THE KEERAMPARA GRAMA PANCHAYAT. EXT.R15(a) TRUE COPY OF TAX RECEIPT DATED 10.5.2010 ISSUED BY KEERAMPARA VILLAGE. EXT.R15(b) TRUE SKETCH OF PROPERTY EXTENDING 4.24 ACRES OF LAND OF THE PETITIONER, RESIDENTIAL HOUSES, BUILDINGS, ROAD ETC. 3EXT.R15(c) TRUE SKETCH SHOWING BUILDINGS, R3ESIDENTIAL HOUSES, ROAD ETC. WITHIN 250 METRES DISTANCE FROM THE QUARRY. EXT.P15(d) TRUE COPY OF THE ORDER G.O.(MS) NO. 44/2009/PWD DATED 6.7.2009 ISSUED BY THE PRINCIPAL SECRETARY, PWD. EXT.R15(e) TRUE COPY OF THE CIRCUCLAR NO. PCB/TAC/ST.Cr.Com/65/2005 DATED 24.11.2009. WP(C) 29108/2009 10 EXT.R16(f)(1) TRUE PHOTOGRAPH OF THE HOUSE OF THE 15TH RESPONDENT. EXT.R15(F)(2) TRUE PHOTOGRAPH OF THE HOUSE OF THE 15TH RESPONDENT. EXT.R15(G)(1) PHOTOGRAPH SHOWING THE BARBED WIRE FENCING AND G.I. PIPE POLES AROUND THE QUARRY. EXT.R15(g)(2) PHOTOGRAPH SHOWING THE BARBED WIRE FENCING AND G.I. PIPRWE POLES AROUND THE QUARRY. EXT.R15(h) TRUE COPY OF APPEAL DATED 11.11.10 FILED BY 15TH RESPONDENT BEFORE THE 12TH RESPONDENT. EXT.R15(i)1 TRUE PHOTOGRAPH OF THE MAGAZINE ERECTED BY THE PETITIONER. EXT.R15(i)2 TRUE PHOTOGRAPH OF THE MAGAZINE ERECTED BY THE PETITIONER. EXT.R15(j) TRUE COPY OF THE COMPLAINT DATED 8.11.2020 SUBMITTED BY O.T. BABY BEFORE SUB INSPECTOR OF POLICE, KOTHAMANGALAM. EXT. R15(k)(1) TRUE PHOTOGRAPH OF WORKER TAKING EXPLOSIVES FROM THE OFFICE OF THE PETITIONER TO THE MAGAZINE. EXT.R15(k)(2) TRUE PHOTOGRAPH OF WORKER TAKING EXPLOSIVES FROM THE OFFICE OF THE PETITIONER TO THE MAGAZINE. EXT.R15(k)(3) TRUE PHOTOGRAPH OF WORKER TAKING EXPLOSIVES FROM THE OFFICE OF THE PETITITONER TO THE MAGAZINE. EXT.R15(k)(4) TRUE PHOTOGRAPH OF WORKER TAKING EXPLOSIVES FROM THE OFFICE OF THE PETITIONER TO THE MAGAZINE. EXT.R15(k)(5) TRUE PHOTOGRAPH OF WORKER TAKING EXPLOSIVES FROM THE OFFICE OF THE PETITIONER TO THE MAGAZINE. EXT.R15(k)(6) TRUE PHOTOGRAPH OF WORKER TAKING EXPLOSIVES FROM THE OFFICE OF THE PETITIONER TO THE MAGAZINE. EXT.R15(l) TRUE COPY OF NEWS ITEM APPEARED IN THE MALAYALA MANORAMA DATED 20.10.2010. EXT.R15(m) TRUE COPY OF CIRCULAR NO. PCB TAC/ WP/236/2006 DATED 13.6.2007, THE KERALA STATE POLLUTION CONTROL BOARD. WP(C) 29108/2009 11 EXT.R15(n) A TRUE COPY OF THE APPLICATION DATED 20.11.2010 TO THE VILLAGE OFFICER, KEERAMPARA. EXT.R15(o) A TRUE COPY OF THE APPLICATION DATED 20.11.2010 TO THE TAHSILDAR, KOTHAMANGALAM. EXT.R15(p) TRUE COPY OF THE CERTIFICATE DATED 20.11.2010 ISSUED BY VILLAGE OFFICER, KEERAMPARA. EXT.R15(q) TRUE COPY OF THE APPLICATION DATED 23.11.2010 SUBMITTED BY RESPONDENTS 15 & 16. EXT. R15(R) TRUE COPY OF THE SKETCH DATED 24.3.2008 PREPARED BY THE VILLAGE OFFICER, KEERAMPARA. EXT.R15(s) A TRUE COPY OF THE ORDER NO. PCB/RO - EKM/IQR - 118/08 DATED 8.12.2010 ISSUED BY ENV. ENGINEER, KERALA STATE POLLUTION CONTROL BOARD. EXT.R15(t) A TRUE COPY OF THE STOP MEMO DATED 9.11.2010 OF THE ASSISTANT WILD LIFE WARDEN, THATTEKAD BIRD SANCTUARY, RECEIVED BY ONE SHAJAN MATHEW UNDER RIGHT TO INFORMATION ACT. // TRUE COPY // P.S. TO JUDGE. KNC/- THOTTATHIL B. RADHAKRISHNAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 29108 OF 2009 = = = = = = = = = = = == == = = = = DATED THIS, THE 1ST DAY OF FEBRUARY, 2011. J U D G M E N T Thottathil B. Radhakrishnan, J. Though this writ petition is styled as one for police protection, with the passage of time, it essentially calls for ascertaining as to whether the writ petitioner has all necessary licences, sanctions, permits and other clearances in terms of the different laws that govern activities relatable to mining of rocks, rubbles etc. We, in jurisdiction under Article 226 of the Constitution, are not to supervise such matters merely because it is pointed out that there is no proper licence to work. That is to be done at the level of the administration. It has to be ascertained whether any particular operator has all the necessary licenses. We are aware of the single window clearance mechanisms, included in the form of a legislation, as also a Government order, which also stands with the approval of the High Court. In the case on hand, there is considerable controversy as to whether the writ petitioner has all the necessary licences as of now. He stands to say that the Pollution Control Board has not issued a renewal of the licence. The rivals would say WP(C) 29108/2009 2 that there are stop memos issued by different authorities. Under such circumstances, we order that if the petitioner is so advised, he will apply to the District Collector for permission to start activities of the quarry and the District Collector may, if satisfied that the petitioner has all necessary licences in terms of different laws, pass such orders recording that the petitioner has necessary licences. But before that, the private respondents in this writ petition will be given notice and an opportunity of being heard. If the petitioner gets such an order, the District Collector will mark a copy of it to the Superintendent of Police having jurisdiction over the area, who, on appropriate request of the petitioner, will consider whether he has to be provided with police protection. If it is found necessary, the same will be provided at the petitioner's expense. If the petitioner produces necessary documents, the District Collector, Ernakulam will issue orders after hearing the parties concerned, within a period of forty five days therefrom. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-