IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 14660 of 2008(T) -------------------------- PETITIONER: ------------ A.IBRAHIMKUTTY, GOVERNMENT CONTRACTOR VALIATH HOUSE, PUTHENCHANTHA P.O., CHAVARA, KOLLAM. BY ADV. SRI.K.BABU THOMAS RESPONDENTS: ------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE PATHANAMTHITTA. 2. THE CIRCLE INSPECTOR OF POLICE ADUR, PATHANAMTHITTA DISTRICT. 3. THE SUB INSPECTOR OF POLICE ADUR, PATHANAMTHITTA DISTRICT. 4. SOMARAJAN, CHARUVILAYIL HOUSE ENATH P.O., PATHANAMTHITTA. 5. BIJU.T., THENGUVILA KIZHAKKATHIL KADIKA KAITHAPARAMBIL, ENATH P.O., PATHANAMTHITTA. 6. PODIKOCHU, PALAVILATHEKKETHIL HOUSE ENATH P.O., PATHANAMTHITTA. 7. SUDHAKARAN, ENATH PADINJARUKARA, LAKSHAMVEEDU COLONY, ENATH P.O., PATHANAMTHITTA. BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.P.M.MOHAMMED SHIRAZ FOR R4-7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.14660/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF RELEVANT PORTION OF AGREEMENT 2/SE/ISC/2008- 2009 OF THE SUPERINTENDING ENGINEER, IRRIGATION SOUTH CIRCLE, TRIVANDRUM. EXT.P2: TRUE COPY OF THE LETTER OF THE DISTRICT COLLECTOR TO THE 1ST RESPONDENT HIGHLIGHTING THE URGENCY OF THE WORK AND NEED TO REMOVE THE OBSTRUCTIONS BY THE POLICE. EXT.P3: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO RESPONDENTS 1 TO 3 FOR POLICE PROTECTION. ADDL.EXT:P4: TRUE COPY OF QUARRYING PERMIT ISSUED FROMD ISTRICT OFFICE, DEPARTMENT OF MINISTRY AND GEOLOGY, PATHANAMTHITTA. ADDL.EXT.P5: TRUE COPY OF LICENSE FOR EXPLOSIVES ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM. ADDL.EXT.P6: TRUE COPY OF LICENSE FOR EXPLOSIVES ISSUED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVE, ERNAKULAM. ADDL.EXT.P7: TRUE COPY OF AGREEMENT EXECUTED BY THE PETITIONER WITH THE OWNER OF THE STONE QUARRY. ADDL.EXT.P8: TRUE COPY OF AGREEMENT EXECUTED WITH THE CONTRACTOR. RESPONDENT'S EXTS: EXT.R4(a): TRUE PHOTOCOPY OF REPRESENTATION DATED 19.5.2008 SUBMITTED BEFORE REVENUE DIVISIONAL OFFICER AND HIS ORDER THEREON. EXT.R4(b): TRUE PHOTOCOPY OF RECEIPT DATED 21.5.08 ISSUED BY THE SECRETARY, EZHAMKULAM GRAMA PANCHAYAT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No. 14660 OF 2008 ----------------------------------------------------- DATED THIS THE 28th DAY OF MAY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is a Government contractor. He has been awarded Exhibit P1 work. For executing the work, he has to transport large granite boulders weighing more than one tonne from a quarry in Enath, Adoor to Arattupuzha Grama Panchayat in Alappuzha. The loading of the boulders into tipper lorries is proposed to be done using Hitachi loaders, cranes, etc. Manual loading is impossible in view of the weight of the boulders. When the petitioner along with his workmen, machinery and vehicles went to the granite quarry of Sasidharan Nair in Enath in Anayadi Village of Adoor Taluk, the respondents 4 to 7 and others caused obstruction. The petitioner moved the concerned Engineer who in turn informed same to the District Collector, Alappuzha. The District Collector forwarded Exhibit P2 communication to the Superintendent of Police, Pathanamthitta to intervene in the matter and solve the issue. The petitioner filed Exhibit P3 representation for Police protection for him, his staff and the machinery. Since the Police did not take any effective steps, this writ petition is filed, seeking mainly the following relief. W.P.(C)No. 14660/08 -2- “Issue a writ of mandamus, or any other appropriate writ, or order, or direction to respondents 1 to 3, requiring to grant adequate and effective police protection to the life of the petitioner, the lives of the operators, drivers of the Hitachi loader, proclain, crane, tipper lorries and that of the supervisory personnel employed for mechanical lifting and loading of large granite stones/gabion boxes filled with granite stones in to tipper lorries from the stone quarry at Kaippally, Enath, for transportation to the site of work of new sea wall at Arattupuzha, on removal of unlawful obstructions caused by the respondents 4 to 7 and their associates.” 2. The 4th respondent has filed a counter affidavit in which the allegations against the party respondents are denied. They also submit that they are not causing any obstruction. The local people are affected by the blasting in the quarry done to produce huge boulders. It is only a small quarry from where granite pieces for domestic use alone were being extracted. Presently, heavy blasting is being undertaken to generate huge boulders. So, the local people have preferred Exhibit R4(a) petition before the Revenue Divisional Officer against the quarrying. The 4th respondent also submits that the petitioner has no locus standi to file this writ petition. 3. The petitioner has filed a reply affidavit stating that Mr.Sasidharan Nair who is the owner of the quarry has all the requisite W.P.(C)No. 14660/08 -3- licenses and permits to do the quarrying. The petitioner has only entered into an agreement with the said Sasidharan Nair to purchase the granite boulders from the quarry. In other words, he is not concerned with the quarrying. 2. The petitioner is entitled to remove the granite boulders purchased from the quarry owner. He may use mechanical devices also for the same. If anybody is causing obstruction to the same, petitioner may inform the 3rd respondent and in that event the 3rd respondent shall remove the obstruction. But, if the workmen attached to the quarry has got any claim for loading/unloading work or for compensation for denial of employment to them by doing the loading/unloading work using mechanical devices, they may move the statutory forums and establish their rights. The rights of the workmen in this regard will not be affected by this judgment. It is also clarified that Police shall not extend any protection for the quarrying done by Mr.Sasidharan Nair on the strength of this order. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn