IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 11856 of 2010(F) -------------------------- PETITIONER(S): --------------- GURUVAYOOR INFRASTRUCTURE PRIVATE LIMITED, MCH NO.555, ARORA COLONY, ROAD NO.3, BANJARA HILLS, HYDERABAD-500034, REPRESENTED BY ITS VICE PRESIDENT M.V.SREEKUMAR, PROJECT OFFICE, PERAMBRA P.O., THRISSUR DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SRI.V.C.MADHAVANKUTTY RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, PUTHUKKAD, THRISSUR DISTRICT. 2. THE SUB INSPECTOR OF POLICE, VELLIKULANGARA, THRISSUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, VARANTHARAPPILLY, THRISSUR DISTRICT. 4. JOHNY A.V., AINIKKAL HOUSE, SNEHAPURAM, P.O.CHENGALOOR, THRISSUR DISTRICT. 5. ALIAS, THADATHIL HOUSE, OMBATHUNGAL, MATTATHOOR, THRISSUR DISTRICT. 6. JAYAN, KATHUKULAM HOUSE, OMBATHUNGAL, MATTATHOOR, THRISSUR DISTRICT. 7. BIJU, CHUNDADAN HOUSE, -DO-, -DO-. BY GOVT.PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO.11856/10 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF AGREEMENT DATED 14.12.2007 ENTERED INTO BETWEEN THE PETITIONER, STATE OF KERALA AND NATIONAL HIGHWAYS AUTHORITY OF INDIA. EXT.P2: COPY OF QUARRYING LEASE REGISTERED AS DOC.NO.5151 OF 2008 DATED 15.4.2008 OF CHALAKKUDY SRO EXECUTED IN FAVOUR OF M/S.EDATHADAN GRANITES. EXT.P3: COPY OF QUARRYING LEASE REGISTERED AS DOC.NO.5152 OF 2008 DATED 15.4.2008 OF CHALAKKUDY SRO EXECUTED IN FAVOUR OF M/S.EDATHADAN GRANITES. EXT.P4: COPY OF QUARRYING LEASE REGISTERED AS DOC.NO.5150 OF 2008 DATED 15.4.2008 OF CHALAKKUDY SRO EXECUTED IN FAVOUR OF M/S.EDATHADAN GRANITES. EXT.P5: COPY OF QUARRYING LEASE REGISTERED AS DOC.NO.5149 OF 2008 DATED 15.4.2008 OF CHALAKKUDY SRO EXECUTED IN FAVOUR OF M/S.EDATHADAN GRANITES. EXT.P6: COPY OF QUARRYING LEASE REGISTERED AS DOC.NO.1576/2008 OF KODALI SRO DATED 20.2.2008 EXECUTED IN FAVOUR OF M/S.SAKTHI METALS. EXT.P7: COPY OF LETTER OF INTENT DATED 12.11.2009 GIVEN TO MR.E.N.SHAJAN. EXT.P8: COPY OF COMPLAINT DATED 02.04.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P9: COPY OF COMPLAINT DATED 02.04.2010 SUBMITTED BY THE PETITIONER BEFROE THE 3RD RESPONDENT. EXT.P10: COPY OF COMPLAINT DATED 02.04.2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. --------------------------------------- W.P.(C).NO.11856 of 2010 --------------------------------------- Dated this the 18th day of May, 2010 JUDGMENT THOTTATHIL B.RADHAKRISHNAN, J. The petitioner is involved in the execution of the four laning work for the National Highway 47 between Mannuthy and Edappilly. It is stated that the said work is being carried on, on a war footing. The petitioner, a company, contends that certain local political people are causing obstruction in the collection and transportation of red earth. If the collection and transportation are as authorised by law, there can be no obstruction to such activity. If the action of the petitioner is unauthorised, it is for the competent statutory and other Government servants to take appropriate action as may be called for. Subject to the above, no citizen can take the law into his hands at his will and pleasure. 2. We notice that respondents 4 to 7 had submitted on 9.4.2010 that they are not obstructing the W.P.(C).NO.11856 of 2010 :: 2 :: quarrying operation. By the interim order issued on that day, this court had directed that if there is any obstruction, protection shall be afforded to the petitioner for the collection and removal of red earth from the lands covered by Exts.P2 to P6 without any obstruction from respondents 4 to 7. We are satisfied that the terms of the aforesaid interim order, if made absolute, would satisfy the grievance of the petitioner. Accordingly, we order this writ petition, making the interim order absolute. Sd/- (THOTTATHIL B.RADHAKRISHNAN) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/ //true copy//