IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WP(C).No. 13645 of 2011(E) ---------------------------------------- PETITIONER(S): ------------------------ P.T.ANDREWS, AGED 50 YEARS, S/O P.A.THOMAS, KUVAKATTUCHIRAYIL HOUSE, KUZHIMATTOM P.O., KOTTAYAM-686 533. BY ADV. SRI.B.ASHOK SHENOY SRI.THOMAS P.MAKIL RESPONDENT(S): --------------------------- 1. THE SUB INSPECTOR OF POLICE, KARUKACHAL POLICE STATION, KARUKACHAL P.O., KOTTAYAM-PIN- 686 540. 2. THE CIRCLE INSPECTOR OF POLICE, VAKATHANAM POLICE STATION, KOTTAYAM-PIN- 686 538. 3. THE DISTRICT SUPERINTENDENT OF POLICE, COLLECTORATE P.O., KOTTAYAM-PIN- 686 002. 4. KARUKACHAL MINI TIPPER OWNERS' ASSOCIATION, REPRESENTED BY ITS SECRETARY, MOHAMMED SHAIJU PALAKKATT, S/O AZEEZ RAWTHER, PALAKKATT, KANGAZHA P.O. 686 541,KOTTAYAM DISTRICT. 5. CHANGANACHERRY MINI TIPPER OWNERS' ASSOCIATION, REPRESENTED BY ITS WORKING PRESIDENT, E.D.GEORGE, ELANJIVEETTILL, THURUTHY P.O. 686 535, CHANGANACHERRY. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2011, ALONG WITH WPC NO. 13646 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.13645/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE QUARRYING PERMIT NO.75/GBS/CRPS/2010-11/1324/DOY/2010 DATED 13TH AUGUST 2010 ISSUED BY SENIOR GEOLOGIST, KOTTAYAM TO PETITIONER. P1(A) COPY OF THE QUARRYING PEMIT NO.237/GBS/CRPS/2010-11/286/DOY/2011, DATED 04TH MARCH 2011 ISSUED BY SENIOR GEOLOGIST, KOTTAYAM TO PETITIONER. P2 COPY OF THE CONSENT TO OPERATE ISSUED TO PETITIONER BY KERALA STATE POLLUTION CONTROL BOARD, NO.PCB/KTM/ICO/361 DATED 29TH JUNE 2010. P2(A) COPY OF THE CONSENT TO OPERATE ISSUED TO PETITIONER BY KERALA STATE POLLUTION CONTROL BOARD, NO.PCB/KTM/ICO/509/2010 DATED 26TH JUNE 2010. P3 COPY OF THE LICENSE NO.A4 1824/11 DATED 12/05/2011 ISSUED BY THE NEDUMKUNNAM GRAMA PANCHAYATH TO PETITIONER. P4 COPY OF THE EXPLOSIVES LICENSE NO.E/SC/KL/22/1165 (E58061) DATED 10/03/2011, ISSUED TO THE PETITIONER BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,ERNAKULAM. P5 COPY OF THE SHOT FIRER'S CERTIFICATE NO.E/SE/KL/30/214 (E55854) DATED 08/10/2010, ISSUED TO THE PETITIONER BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM. P6 COPY OF THE PUBLIC NOTIFICATION DATED 10TH NOVEMBER 2010, ISSUED BY PRESIDENT, ALL KERALA QUARRY ASSOCIATION, KOTTAYAM DISTRICT AND PUBLISHED IN PAGE 14 OF THE MALAYALA MANORAM, DAILY DATED 10TH NOVEMBER 2010. P7 COPY OF THE COMPLAINT DATED 14TH APRIL 2011 LODGED BEFORE THE 1ST RESPONDENT BY AJI POTHEN. P7(A) COPY OF THE RECEIPT NO.56 DATED 14TH APRIL 2011 ISSUED FROM THE KARUKACHAL POLICE STATION ACKNOWLEDGING THE RECEIPT OF EXHIBIT P-7. P8 COPY OF THE COMPLAINT DATED 27TH APRIL 2011 LODGED BEFORE THE RESPONDENTS BY THE ALL KERALA CRANITE QUARRY ASSOCIATION. P8(A) COPY OF THE RECEIPT ISSUED BY 1ST RESPONDENT ON RECEIVING EXHIBIT P-8. P8(B) COPY OF THE RECEIPT ISSUED BY 2ND RESPONDENT ON RECEIVING EXHIBITP-8. 3/- -3- WP(C)NO.13645/2011 P8(C) COPY OF THE RECEIPT ISSUED BY 3RD RESPONDENT ON RECEIVING EXHIBIT P-8. P9 COPY OF THE COMPLAINT LODGED BY THE ALL KERALA GRANITE QUARRY ASSOCIATION BEFORE THE DISTRICT COLLECTOR, KOTTAYAM, ON 27TH APRIL 2011. P9(A) COPY OF THE RECEIPT EXECUTED BY THE COLLECTOR'S OFFICE ON RECEIVING EXHIBIT P-9. P10 COPY OF THE PETITION SENT ON 04TH MAY 2011 TO THE 1ST RESPONDENT, BY THE PETITIONER. P10(A) COPY OF THE REGISTRATION POSTAL RECEIPT IN RESPECT OF EXHIBIT P10. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) Nos.13645 and 13646 of 2011-E ***************************** Dated this the 6th day of June, 2011 JUDGMENT BASANT, J. The petitioners have come to this Court seeking issue of directions to respondents 1 to 3, police officials, under Article 226 of the Constitution of India to afford protection to the petitioners for their business of selling quarry products against any illegal objections that may be raised by respondents 4 and 5. 2. According to the petitioners, they are carrying on the activity of running granite quarries in accordance with law. According to them, law does not place any fetter on their right to sell their products at prices to be fixed by them. There is no binding agreement of settlement between the petitioners and any other, obliging them to sell their products at any particular price. According to the petitioners, respondents 4 and 5 are indulging in illegal, contumacious and culpable conduct to obstruct the business of the petitioners by staking the untenable claim that the petitioners must sell their products at prices W.P(C) Nos.13645 and 13646 of 2011-E 2 dictated by respondents 4 and 5. The learned counsel for the petitioners submits that respondents 4 and 5 have absolutely no legal right to make any such insistence and their obstruction is unlawful and illegal. Respondents 1 to 3 are not affording necessary protection to the petitioners. It is, in these circumstances, that the petitioners have come to this Court. 3. Service is complete. When the matter came up for hearing on 23.05.2011, a counsel had entered appearance for respondents 4 and 5 and had sought time to file objections. 4. Today when the matter came up for hearing, there is no representation for respondents 4 and 5. No vakalat is seen filed by any counsel. The learned counsel for the petitioners submits that subsequent to the last date of posting, there was a conference called by the District Collector, Kottayam. An attempt was made to persuade the parties to agree to fix the price of quarry products. No such settlement could be reached and according to the learned counsel for the petitioners, there was an agreement that the activity of the petitioners should not be obstructed by parties like respondents 4 and 5. 5. The learned counsel for the petitioners, in these circumstances, submits that at any rate respondents 4 and 5, W.P(C) Nos.13645 and 13646 of 2011-E 3 associations of owners of tipper lorries, have no right to obstruct the petitioners. Police protection may, in these circumstances, be ordered, submit the learned counsel for the petitioners. 6. The learned Government Pleader after taking instructions submits that necessary protection shall be afforded to the petitioners against any illegal obstruction on the part of respondents 4 and 5. 7. We have considered all the relevant circumstances. We are satisfied that the prayer in these petitions can be allowed. It is brought to our notice that identical view has been taken by us in the judgment dated 04.04.2011 in W.P(c) No.37100 of 2010 when identical dispute was raised within the Pathanamthitta revenue district and in judgment passed earlier today in W.P(c) No.14217 of 2011 when identical dispute was perceived within the district of Kottayam. We are satisfied that appropriate directions deserve to be issued in favour of the petitioners herein also. 8. In the result: a) These Writ Petitions are allowed; b) Respondents 1 to 4 are directed to afford adequate police protection to the petitioners to carry on their activity of W.P(C) Nos.13645 and 13646 of 2011-E 4 selling their quarry products against any illegal obstructions that may be raised by respondents 4 and 5. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/