IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 3518 of 2009(R) ------------------------- PETITIONER(S): --------------- SHABIND.K., S/O.KARUNAKARAN NAIR, KUNNUMMAL, P.O.PUTHUR, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, KODUVALLY POLICE STATION, KODUVALLY KOZHIKODE DISTRICT. 2. THE GEOLOGIST, OFFICE OF THE DIRECTOR OF MINING & GEOLOGY, CIVIL STATION, KOZHIKODE. 3. KANDAN, S/O.KORAPPAN, EDAKKANDI HOUSE, PUTHOOR VILLAGE, P.O.PUTHUR, VIA KODUVALLY, KOZHIKODE - 673 572. 4. E.K.BHASKARAN, S/O.KORAPPAN, EDAKKANDI HOUSE, PUTHOOR VILLAGE, P.O.PUTHUR, VIA KODUVALLY, KOZHIKODE - 673 572. 5. SRI.E.K.SREEDHARAN, S/O.KORAPPAN, EDAKKANDI HOUSE, PUTHOOR VILLAGE, P.O.PUTHUR, VIA KODUVALLY, KOZHIKODE - 673 572. W.P.(C) No.3518 of 2009 : 2 : ADDL.6. OMASSERY GRAMA PANCHAYAT P.O.OMASSERY, KOZHIKODE DISTRICT., REP. BY ITS SECRETARY. ADDL.7. THE ASSISTANT DIRECTOR OF EXPLOSIVES OFFICE OF THE DIRECTOR OF EXPLOSIVES B.PAUL ABRAO ROAD, ERNAKULAM ERNAKULAM – 682 018. (ADDL. RESPONDENTS 6 AND 7 ARE IMPLEADED AS PER ORDER DATED 12.2.2009 IN I.A.NO.1990/2009. BY ADV. SRI.V.RAJENDRAN FOR ADDL.R6 SRI.P.V.KUNHIKRISHNAN FOR R3-5 BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.3518 of 2009 EXT.P1 TRUE COPY OF THE CONSENT GIVEN TO THE PETITIONER BY THE THIRD RESPONDENT. EXT.P2 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, PUTHUR. EXT.P3 TRUE COPY OF THE PERMIT ISSUED BY THE SECOND RESPONDENT ON 28.7.2008 UNDER THE PROVISIONS OF THE KERALA MINOR MINERAL CONCESSION RULES EXT.P4 TRUE COPY OF THE REQUEST FOR POLICE AID MADE BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF THE POSTAL RECEIPT AND ACKNOWLEDGMENT EVIDENCING THE RECEIPT OF EXT.P4 BY THE FIRST RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.3518 of 2009 ------------------------------- Dated this the 23rd March, 2009 J U D G M E N T Raman, J. This is a writ petition seeking police protection, so as to complete the quarrying work, for which the petitioner obtained permission, based on Ext.P1 agreement between himself and the owner of the property. According to the petitioner, he had obtained necessary licence from the Geologist and he had been doing the quarrying operations. The petitioner contends that respondents 3 to 5 are causing physical obstruction for the continued work of quarrying. 2. The respondents entered appearance and have filed a counter affidavit. According to them, Ext.P1 agreement produced in this case is not signed by them. Further, they have W.P.(C) No.3518/2009 2 made the agreement with one Mr.Ibrahim, and too, only for a period of six months, which expired in June, 2008. The petitioner had no manner of right to continue the quarrying operations in the premises owned by the respondents. 3. We have heard both sides and perused the averments made in the writ petition as also in the counter affidavit. Considering the facts of the case, if at all, we grant any relief to the petitioner, it can be done only after rendering a finding and acting upon Ext.P1 agreement. Necessarily, then we will have to hold that Ext.P1 is valid and that it has been executed for a period of 12 months, which period has not expired. Then, the next possible question that would arise is even assuming that the period has not expired, can the petitioner seek specific performance and can he not been compensated in terms of money, in case, he has suffered any loss. We are afraid these questions cannot be answered W.P.(C) No.3518/2009 3 invoking the extra ordinary jurisdiction under Article 226 of the Constitution of India, rather than relegating the parties to a Civil Court. In such circumstances, the writ petition is dismissed. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.