IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 23001 of 2011(A) -------------------------------- PETITIONER(S): ------------------ P.SASIDHARAN ASARI, S/O.PAPPUKUTTY ASARI AGED 57 YEARS, RESIDING AT K.P.VILASOM, VAZHATHOPPUPACHA, KALLARA,THIRUVANANTHAPURAM. BY ADV. SRI.P.B.SURESH KUMAR, SENIOR ADVOCATE SRI.LEO GEORGE SRI.K.N.SASIDHARAN NAIR SMT.BABITHA THAMBI RESPONDENT(S): -------------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM.-691001 2. THE CIRCLE INSPECTOR OF POLICE, KADAKKAL, KOLLAM.-691536 3. THE SUB INSPECTOR OF POLICE, KADAKKAL, KOLLAM.-691536 4. CHITHARA GRAMA PACNHAYATH, KOLLAM REPRESENTED BY ITS SECRETARY, CHITHARA GRAMA PACNHAYATH, KOLLAM.-691559 5. KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, KERALA STATE POLLUTION CONTROL BOARD, THIRUVANANTHAPURAM.-695001 6. REGHUNATHAN PILLAI,CONVENOR, INTUC, THETTIMUKKU UNIT, KOTTARAKKARA, KOLLAM.-691506 WP(C).No. 23001 of 2011(A) -2- 7. MAHESH,CONVENOR, CITU,THETTIMUKKU UNIT, KOTTARAKKARA, KOLLAM.-691506 8. JOY, CONVENOR, AITUC,THETTIMUKKU UNIT, KOTTARAKKARA, KOLLAM.-691506 * ADDL. R9 GEOLOGIST, DISTRICT OFFICE OF MINING AND GEOLOGY, KOLLAM. *[IMPLEADED AS ADDITIONAL R9 AS PER ORDER DATED 01/09/11 IN WPC] ADV. SRI.ALEXANDER GEORGE FOR R4 GOVT. PLEADER SMT.C.M.CHARISMA SRI.M.K.CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23001 of 2011(A) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE LICENCE ISSUED TO THE PETITIONER BY THE CHITHARA GRAMA PANCHAYAT DATED 09/05/11. EXT.P2:- TRUE COPY OF THE CONSENT GRANTED TO THE PETITIONER BY THE KERALA STATE POLLUTION CONTROL BOARD DATED 23/03/11. EXT.P3:- TRUE COPY OF THE QUARRYING PERMIT ISSUED TO THE PETITIONER BY THE TAHSILDAR, KOTTARAKKARA DATED 17/08/11. EXT.P4:- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 16/08/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.23001 of 2011 ------------------------------------------------ Dated this the 7th day of September, 2011 JUDGMENT Abdul Rehim, J The petitioner is conducting a granite quarry within the limits of Chithara Grama Panchayat in Kollam District. It is stated that the petitioner had obtained all the requisite licences, permissions and consents from the authorities concerned to conduct the quarrying operations. It is alleged that respondents 6 to 8, who are conveners of various trade unions functioning in the sector of headload workers in the area, are creating obstructions to the quarrying activities. According to the petitioner, he is deploying machineries having mechanical devises for loading of materials. But the respondents 6 to 8 demanded wages, in an illegal manner, for the loading works being conducted through the mechanized process. It is the grievance of the petitioner that even though he had submitted Ext.P4 complaint before the 3rd respondent seeking police protection, no effective steps are taken to remove the illegal obstructions. Hence, the petitioner is W. P. C. No.23001 of 2011 -2- approaching this court seeking directions to the police authorities. 2. Sri.M.K.Chandramohan Das, learned Standing Counsel appearing for the 5th respondent, submitted that the quarrying operations are conducted on the basis of requisite consent granted by the 5th respondent. Even though the Geologists of the District concerned was impleaded as Additional 9th respondent, the learned Government Pleader informed that the property in which the quarrying operation is permitted, is Government land and permission for quarrying was granted by the Revenue authorities, after collecting required amount seniorage from the petitioner. It is also stated that the petitioner has got the requisite Explosive licence and also Blastman's licence, in the name of the person engaged by the petitioner. 3. Inspite of service of notice from this court, respondents 6 to 8 have not entered appearance or contested the case. We are of the opinion that, if the petitioner is carrying on the quarrying operations on the strength of requisite licences and permissions, the respondents 6 to 8 have no manner of right to obstruct such operations and the loading works being done using mechanized devises. If there is any such obstructions caused, the respondents 2 and 3 are liable to afford adequate protection and to take steps W. P. C. No.23001 of 2011 -3- for removal of such obstructions. 4. Therefore, the Writ Petition is disposed of directing respondents 2 and 3 to take effective steps for removing obstructions if any caused to the quarrying operations of the petitioner and for the loading works being done using mechanized devises. Necessary steps shall be taken to ensure smooth functioning of the quarrying operations as long as the petitioner holds valid licences, permissions and consents authorising such operations. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-