IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 36417 of 2009(V) -------------------------- PETITIONER(S): --------------- V.DILEESH KUMAR, CHAPRAYIL, MARANADU P.O., EZHUKONE. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, EZHUKONE. 3. THE SUB INSPECTOR OF POLICE, EZHUKONE. 4. THE SECRETARY, KOTTARAKKARA TALUK, HEAD LOAD & GENERAL WORKERS ASSOCIATION AITUC, KOTTARAKKARA. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.K.V.ANIL KUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON 21/12/2009 DELIVERED THE FOLLOWING: WP(C).No. 36417 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF LICENCE NO.E4-174/09,2009-2010 (112) DATED 26/9/2009. EXT.P2: TRUE COPY OF PERMISSIONS DATED 22/12/2008 ISSUED BY GEOLOGIST EXT.P3: TRUE COPY OF THE PERMISSIONS DATED 6/6/2008 ISSUED BY CHIEF CONTROLLER OF EXPLOSIVE, ERNAKULAM EXT.P4: TRUE COPY OF THE PERMISSIONS DATED 28/5/2009 ISSUED BY ADDITIONAL DISTRICT MAGISTRATE EXT.P5: TRUE COPY OF THE NOTICE DATED 14/12/2007. EXT.P6: TRUE COPY OF THE COMPLAINT DATED 14/12/2009 SUBMITTED BY THE PETITIONER /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P.(C).No.36417 of 2009 ----------------------------------------- Dated this the 21st day of December, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer: “ Issue a writ of mandamus or any other appropriate direction or order direction the respondents 1 to 3 to grant adequate police protection to the petitioner's unit for conducting the quarrying operations in the property in Sy.No.240/7 of Chittagode Ward without any hindrance from the part of the fourth respondent union or his men or agents”. 2. In case the petitioner is conducting the quarrying in accordance with the license/permit and in accordance with law, there shall not be any obstruction. The petitioner has given names of his five employees as regular employees. In case additional manpower is required the same shall be W.P.(C).No.36417 of 2009 2 obtained from the members of fourth respondent union including for the loading and unloading works. There will be a direction to the Secretary, Ezhukone Grama Panchayat to see that the petitioner functions the quarrying unit only with the required licence/permit. 3. Subject to the above direction, in case there is still any obstruction police shall render necessary assistance. The writ petition is disposed of as above (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ssn