IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 7932 of 2009(J) ------------------------- PETITIONER(S): --------------- 1. S.KANI, PROPREITOR, S.K.CONSTRUCTION, ANISH VILLA, KALLIMEL P.O., MAVELIKARA, ALAPPUZHA DISTRICT. 2. MOHANAN, MANAGER, S.K.CONSTRUCTION KALLIMEL P.O., MAVELIKARA , ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE, MAVELIKARA. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE TAHSILDAR, MAVELIKARA, ALAPPUZHA DISTRICT. 4. THE GEOLOGIST, DISTRICT OFFICE, ALAPPUZHA. 5. MOHANAN K.K., BRANCH SECRETARY, C.P.I.M., KUTTIYIL VADAKKETHIL, KALLINMEL P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. 6. P.SIVAN KUTTY, K.S.K.T.U. DISTRICT VICE PRESIDENT, MANGATTU HOUSE, VAZHUVADI, THAZHAKKARA P.O., MAVELIKKARA, ALAPPUZHA DISTRICT. SR.G.P.SRI.R.LAKSHMI NARAYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.7932/2009 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE PROCEEDINGS NO.QP.NO.81/08-09/MM/BC/ DOA/ 108/MM/09 DATED 30/01/09, GRANTING QUARRYING PERMIT IN THE NAME OF THE 1ST PETITIONER BY THE 4TH RESPONDENT. EXT.P2: A TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P3: A TRUE COPY OF JUDGMENT IN WRIT PETITION NO.6100/09. EXT.P4: A TRUE COPY OF THE NEWS ITEM PUBLISHED IN DESHABHIMANI DATED 8.3.2009. EXT.P5: A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE SUPERINTENDENT OF POLICE ALAPPUZHA. // TRUE COPY // TKS P.R.RAMAN & P.S.GOPINATHAN, JJ. -------------------------------------- W.P.(C)No.7932 of 2009 ------------------------------------- Dated 19th March, 2009 JUDGMENT Raman, J . Exhibit P1 is a permit granted by the Geologist which is a mining permit valid till 29.05.2009. Ext.P2 is a proceedings of the District Collector releasing the vehicles belonging to the petitioners finding that they have not done anything contrary to the permit issued. Ext.P3 is a judgment of this court rendered in a case filed by the petitioners in which a direction was issued that if the brick clay is removed or transported in terms of permits or licences, the petitioners will be permitted to transfer the same without any hindrance. The present writ petition is filed for a direction to respondents 1 and 2 to provide proper and adequate protection to the petitioners and their men for excavating and transporting brick clay on the strength of Ext.P1 permit. 2. Notice was issued and service of notice was complete. Heard Government Pleader. Contesting respondents did not enter appearance. It is not in dispute that Ext.P1 is issued to the petitioners which is on date valid. The authority who issued the permit has not so far issued any notice for violation, if any, of the permit conditions. So long as the permit issued is valid and operative, there cannot be any obstruction caused to the work done by the petitioners strictly in terms of Ext.P1. However, if the petitioners have already W.P.(C)No.7932/2009 2 completed excavation of the quantity for which permit is issued, it is open to the Geologist to inspect the premises and to issue further orders. A subsequent order, if any, issued will be binding on the petitioners subject to their right to challenge the same. So long as it is not done, protection may be given. The writ petition is disposed of as above. P.R.RAMAN JUDGE P.S.GOPINATHAN JUDGE TKS