IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 14904 of 2011(K) ----------------------------------------- PETITIONER(S): ------------------------- T.N.BABU, AGED 41 YEARS, S/O.NARAYANAN, THEKKUMKATTIL HOUSE, MEVELLOR P.O., KOTTAYAM DT. BY SRI.T.M.MOHAMMED YOUSEFF, SENIOR ADVOCATE, BY ADV. SMT. AYSHA YOUSEFF, SMT. MOLLY JACOB, SMT. RABIA BEEGUM, SRI.JOBI.A.THAMPI. RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE, PIRAVOM POLICE STATION, PIRAVOM, ERNAKULAM DIST.-686 664. 2. DISTRICT SUPERINTENDENT OF POLICE, ALUVA, ERNAKULAM-683 101. 3. CIRCLE INSPECTOR OF POLICE, PIRAVOM POLICE STATION, PIRAVOM, ERNAKULAM DIST.-686 664. 4. SABU.A.JACOB, PRESIDENT, PIRAVOM GRAMA PANCHAYAT, PIRAVOM P.O., PIN-686 664. R1 TO R3 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14904/2011 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DTD. 1/03/2010 IN WP(C) NO.8708/09. P2: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM, ON 3/01/2011. P3: COPY OF THE PERMIT ISSUED BY THE GEOLOGIST, ERNAKULAM, ON 16/05/2011. P4: COPY OF THE PETITION DTD. 30/05/2011 SUBMITTED TO THE 2ND RESPONDENT. P5: COPY OF THE PETITION SUBMITTED TO THE PANCHAYATH COMMITTEE ON 30/05/2011 WITH COPIES TO THE DIRECTOR OF PANCHAYATH, DEPUTY DIRECTOR OF PANCHAYATH, OTHER POLICE OFFICIALS, GEOLOGIST, ERNAKULAM ETC. P5(A): RECEIPTS EVIDENCING RECEIPT OF THE P5 PETITION. RESPONDENT'S EXHIBTS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 14904 of 2011-K ------------------------------------------------- Dated this the 13th day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court complaining of harassment by the police - respondents 1 to 3. According to the petitioner, he has all the requisite licences for sand mining; but he is not being permitted to carry on this lawful activity because of the interference of respondents 1 to 3 which the petitioner believes is at the instance of the 4th respondent. It is prayed that appropriate directions may be issued to avoid such harassment and interference by the police. 2. Service is complete. The 4th respondent has not entered appearance. The learned Government Pleader, on behalf of respondents 1 to 3, submits that the police have no intention to harass the petitioner in any way. So long as the activity of mining and transportation of sand is done by the petitioner in accordance with law, the police shall not interfere with such activity. It is incorrect to say that at the instance of the 4th respondent the police officials are indulging in any acts of harassment. But the police shall have to alertly monitor and W.P.(C) No. 14904 of 2011 -: 2 :- ensure that there is no violation of law. If the petitioner carries on his activity without violating any law strictly in accordance with the permit issued to him, the police shall not in any way interfere with the activities of the petitioner, undertakes the learned Government Pleader. 3. To a pointed query from us the learned Government Pleader submits that so far no allegation has been raised by the police against the petitioner and no crime has been registered also. 4. If that be so, there is no reason for the police to interfere with the activities of the petitioner. Of course, the police shall have rights unquestionably to deal with the matter if there be any violation of law. 5. With the above observations, this writ petition is dismissed. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge