IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 31818 of 2011(B) ---------------------------------------- PETITIONER(S): -------------------------- P.A.KHALID, S/O.ABDU, AGED 54 YEARS, PANDARAPARAMBIL HOUSE, KOCHUKADAVU, ERAVATHOOR P.O., MALA VIA, THRISSUR DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER IBRAHIM RESPONDENT(S): --------------------------- 1. SUPERINTENDENT OF POLICE, THIRSSUR, AYYANTHOLE P.O., THRISSUR, PIN-680 003. 2. DEPUTY SUPERINTENDENT OF POLICE, CHALAKUDY, CHALAKUDY P.O.,THRISSUR DISTRICT, PIN-680 307. 3. SUB INPSECTOR OF POLICE, MALA POLICE STASTION, MALA P.O., THRISSUR DISTRICT, PIN-680 732. 4. KUZHUR GRAMA PANCHAYAT COMMITTEE, REPRESENTED BY ITS PRESIDENT, OFFICE OF THE KUZHUR GRAMA PANCHAYAT, KUZHUR P.O., MALA VIA, THRISSUR DISTRICT, PIN-680 734. 5. GEOLOGIST, MINING & GEOLOGY DEPARTMENT AYYANTHOLE, THRISSUR DISTRICT, PIN-680 003. 6. BIJU GEORGE, S/O.GEORGE THOTTAPPILLI, THOTTAPPILLI HOUSE, KOCHUKADAVU, ERAVATHOOR P.O., THRISSUR DISTRICT, PIN-680 734. 7. PAUL THOTTAPPILLI, THOTTAPPILLI HOUSE, KOCHUKADAVU, ERAVATHOOR P.O.,THRISSUR DISTRICT, PIN-680 734. 8. JAISON ANTONY, THOTTAPPILLI HOUSE, THOTTAPPILLI HOUSE, KOCHUKADAVU, ERAVATHOOR P.O., THRISSUR DISTRICT, PIN-680 734. R1 TO R3, R5 BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER R6 TO R8 BY ADV. SRI.SHEEJO CHACKO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.31818/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE PHOTOCOPY OF THE PROCEEDING NO.1238/06-07/REGP DATED 3/10/2006 OF THE PROJECT OFFICER OF THE KERALA KHADI & VILLAGE INDUSTRIES BOARD. EXHIBIT P2: TRUE COPY OF THE CERTIFICATE DATED 27/7/2007 ISSUED BY THE KHADI & VILLAGE INDUSTRIES COMMISSION. EXHIBIT P3: TRUE PHOTOCOPY OF THE LICENCE NO.39/07-08 DATED 20/5/2007 ISSUED BY THE SECRETARY, KUZHUR GRAMA PANCHAYAT, VALID UP TO 31/3/2008. EXHIBIT P4: TRUE COPY OF THE PROCEEDING NO.156/08-09 DATED 18/3/2009 OF KUZHUR GRAMA PANCHAYAT. EXHIBIT P5: TRUE COPY OF THE LICENCE NO.25/09-2010 DATED 8/10/2009 VALIED UP TO 31/3/2010 ISSUED BY THE KUZHUR GRAMA PANCHAYAT. EXHIBIT P6: TRUE COPY OF THE LICENCE NO.38/11/12 DATED 20/9/2011, VALIED UP TO 31/3/2012 ISSUED BY THE KUZHUR GRAMA PANCHAYAT. EXHIBIT P7: TRUE PHOTOCOPY OF THE TAX RECEIPT DATED 25/3/2011 ISSUED TO THE PETITIONER BY THE KUZHUR GRAMA PANCHAYAT UPON REMITTING RS.2,376/- EXHIBIT P8: TRUE COPY OF THE BUILDING TAX RECEIPT DATED 20/9/2011 ISSUED TO THE PETITIONER BY THE KUZHUR GRAMA PANCHAYAT. EXHIBIT P9: TRUE COPY FO THE CONSENT OF THE KERALA STATE POLLUTION CONTROL BOARD DATED 9/2/2009, VALID UP TO 31/1/2012 ISSUED TO THE UNIT OF THE PETITIONER. EXHIBIT P10: TRUE COPY OF THE PERMIT NO.DL.59/08-09/MM/DL/BC/3746/C2/DTO/08 DATED 27/11/2008, BY THE GEOLOGIST, MINING & GEOLOGY DEPARTMENT, THRISSUR. EXHIBIT P11: FEW PHOTOGRAPHS EVIDENCING THE STOCK OF 4000 MT CLAY/EARTH, IN THE YARD OF THE PETITIONER FOR THE PURPOSE OF MANUFACTURING WIRE-CUT BRICKS. EXHIBIT P12: TRUE PHOTOGRAPH PERTAINING TO THE MACHINERIES OF THE INDUSTRY. EXHIBIT P13: TRUE COPY OF THE REPRESENTATION DATED 26/11/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT 1 TO 3. EXHIBIT P14: TRUE COPIES OF THE RECEIPTS ISSUED FROM THE OFFICE OF THE RESPONDENTS 1 AND 2 UPON RECEIPT OF EXT.P13. EXHIBIT P15: TRUE COPIES OF SOME OF THE DELIVERY NOTES AND TAX RECEIPTS IN CONNECTION WITH THE PURCHASE OF CLAY EARTH DURING DECEMBER 2009 BY THE PETITIONER. 2/- -2- WP(C)NO.31818/2011 RESPONDENTS' EXHIBITS : EXT.R6(A) THE TRUE COPY OF THE JUDGMENT DATED 20/03/2009 EXT.R6(B) THE TRUE COPY OF THE ORDER DATED 05/06/09 ISSUED BY THE DISTRICT COLLECTOR. EXT.R6(C) THE TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICE DATED 19/05/2009. EXT.R6(D) THE TRUE COPY OF THE NOTICE DATED NIL IS PRODUCED. EXT.R6(E) THE TRUE COPY OF THE REPRESENTATION DATED 10/05/2011 FILED BY LOCAL RESPONDENTS INCLUDING RESPONDENT 6 TO 8. EXT.R6(F) THE TRUE COPY OF THE RECEIPTS ISSUED BY THE KUZHOOR GRAMA PANCHAYAT DATED 07/10/2011 & 28/11/2011. EXT.R6(G) THE TRUE COPY OF THE LETTER DATED 10/11/11 ISSUED TO PRESIDENT, KUZHOOR GRAMA PANCHAYAT. /TRUE COPY/ P.S.TO.JUDGE sts PIUS C. KURIAKOSE & K. HARILAL, JJ. ----------------------------------------------- WP(C). No. 31818 of 2011 ----------------------------------------------- Dated this the 12th day of December, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioner, who claims to be conducting a wire- cut bricks manufacturing unit for years, has approached this Court seeking police protection for the smooth functioning of his unit free from the threats and interference from the part of respondents 6 to 8 and their henchmen and for other ancillary reliefs. According to the petitioner, a loan has been sanctioned to his unit on the basis of the recommendation of the Project Officer of the Kerala Khadi and Village Industries Board vide its proceedings Ext.P1. He claims that he is participated in various training programmes conducted by the Khadi and Village Industries Commission and obtained Ext.P2 participation certificate in that context. He claims that he WP(C).31818/11 -2- is having all statutory licences and clearance for carrying out his industry. He realised Ext.P3 licence issued by the Grama Panchayat, Exts.P4 and P5 licence renewal orders issued by the Panchayat and the latest licence Ext.P6. According to him, the property where he proposes to conduct business belongs to him and is under his possession and he realised Exts.P7 and P8 basic tax receipts. To show that he has the consent of the Kerala Pollution Control Board, he has produced Ext.P9. He has also produced Ext. P10 permit issued by the Mining and Geology Department to show that his activity is authorised by that Department also. According to him, above 4000 metric tonnes of clay has been collected in his field for the purpose of manufacturing wire-cut bricks and he realised Ext.P11 photographs to prove this claim. He has produced Ext.P12 photographs which shows the machineries in the industry. He also points out that many WP(C).31818/11 -3- others namely one Varghese and Ravi are having similar units near to that of the petitioner’s. According to him, unless he is permitted to make the bricks during the current season, he will be put to considerable loss. The party respondents and their men are demanding huge amounts from the petitioner and this action is perse illegal. According to him, though the police were moved by representation Ext.P13 as acknowledged by Ext.P14 receipt, they have not taken any action. 2. A detailed counter affidavit has been filed by the party respondents. In the counter affidavit they relied on Ext.R6(a) judgment of this Court in favour of one P.M. Joseph directing the complaint submitted by above P.M. Joseph on allegations of indiscriminate extraction of clay to be enquired by the authorities. Ext.R6(b) order of the District Collector pursuant to Ext.R6(a) judgment of this Court prohibiting certain brick manufacturing unit is also WP(C).31818/11 -4- relied on. Ext.R6(c) proceedings of the RDO rejecting an application submitted by P.C. Joji Chummar for conducting a wire cut brick manufacturing unit is also relied on. Ext.R6(d) a public notice issued by the Kuzhoor Pourasamithy resorting the local public to follow in the movement against illegal mining of clay from paddy fields is also relied on. Ext.R6(e) is a mass representation submitted by 47 inhabitants of Kundoor –Kalliyad also relied on. To the above counter affidavit, a detailed reply affidavit has been filed by the petitioner reiterating his contentions. 3. A perusal of the various documents produced by the petitioner will show that he has got all the requisite licences and permits for carrying on his wire-cut brick manufacturing unit. Ext.P6 licence issued by the Grama Panchayat will show that the Panchayat licence issued in favour of the petitioner is valid upto 31-3-2012. Ext.P8 will show that the WP(C).31818/11 -5- petitioner is paying property tax to the Panchayat for the building where the unit is being conducted. This means that the building is authorised by the Panchayat. Ext.P9 consent issued by the P.C.B. is valid upto 31-1-2012. Ext.P10 permit issued by the Geologist for storage and for sale of minor minerals being valid upto 31-3-2012. But the present request of the petitioner is that he may be permitted to utilise the clay already collected by him in his premises for the purpose of manufacturing wire-cut bricks. The prominent objection raised was that clay has been extracted by the petitioner from his own paddy fields and from nearby paddy fields illegally. Sri. Babu Joseph Kuruvathazha submitted that he had procured the clay presently collected by him in his premises on the strength of a permit issued in his favour by the Mining and Geology Department. This was why we on 8-12-2011 issued an order directing the petitioner to produce copy of the above permit. The WP(C).31818/11 -6- petitioner was unable to produce the copy of the above permit. Instead, along with IA. No. 19877 of 2011 he has produced Ext.P15 series of delivery notes which will show that he had purchased clay from Tamil Nadu and such clay was transported to his yard. Even though Ext.P15 series are not in conformity with the oral submission made by Sri. Babu Joseph Kuruvathazha before this court on 8-12-2011 as Ext.P15 cuts at the root of the allegation of the respondents that the petitioner is extracting clay from nearby paddy fields and as Ext.P15 series are prima facie convincing, we are inclined to accept the stand taken by the petitioner that the clay presently collected in his premises is not clay extracted from paddy fields. 4. The further contention raised by contesting respondents is that the District Collector, the Revenue Divisional Officer and the Grama Panchayat have initiated proceedings for curbing illegal extraction of clay from the WP(C).31818/11 -7- nearby paddy fields, the police protection directions to be issued by us, it was submitted by Sri. Sheejo Chacko, will be misused by the petitioner for bypassing the proceedings so initiated. We don't think so. We record the submission of Sri. Babu Joseph Kuruvathazha that he need protection directions only for the purpose of manufacturing wire bricks by utilising the clay already collected by him in his premises. We also record his submission that in future also the petitioner does not intend to extract clay from any of the nearby paddy fields as raw material for his need. 5. Another aspect which was highlighted by Sri. Sheejo Chacko was that there is a general prohibition by the District Collector against utilising paddy fields for the manufacture of wire bricks. Sri. Babu Joseph's answer to the above submission was that his unit is situated not on a paddy field but on reclaimed land. He submitted that he requires protection directions only in respect of manufacturing wire- WP(C).31818/11 -8- cut bricks on reclaimed land. Matters standing as above and in the light of the submissions and assertions made before us we are of the view that relief can be given to the petitioner incorporating proper safeguards. 6. The result of the above discussions is therefore that the writ petition will stand allowed. Respondent Nos. 2 and 3 are directed to afford adequate protection to the petitioner for manufacturing wire bricks in his wire-cut bricks manufacturing unit situated at Door No. IX/463(A) of Kuzhur Grama Panchayat on the strength of Ext.P6 licence issued by the Grama Panchayat by utilising the clay already collected by him in his yard as noticeable in Ext.P11 series of photographs if such activity is obstructed in any manner by respondent Nos. 6 to 8 or any persons acting under them. We make it clear that these protection directions will apply only subject to the following riders. 1) Protection will enable the petitioner to manufacture WP(C).31818/11 -9- wire bricks by utilising the clay already collected by him. 2) The entire manufactural work will be carried out on dry/reclaimed land and not in paddy fields. 3) If the District Collector, the Panchayat or any competent authority issues any prohibitory order restraining the functioning of the petitioner's unit, the protection directions issued hereunder will stand automatically withdrawn. (PIUS C.KURIAKOSE, JUDGE) (K. HARILAL, JUDGE) Cl/ksv/-