IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 9206 of 2009(U) ------------------------- PETITIONER(S): --------------- BINU GOPAL,AGED 34,S/O.GOPALAN, MUNDAKKAVILA,THAZHAM,CHATHANOOR P.O,KOLLAM DIST. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION,KOLLAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION,KOLLAM DISTRICT. 4. ANIL KUMAR,S/O.GOPINATHAN, KURIVIKKUZHI HOUSE,POVAGGAR EAST, ANNAMANNU,PADINJAREKKARA. 5. KUTTAN,S/O.KOCHUKUNJU,GIREESH BHAVANAM, POVAGGAR EAST. 6. RAJENDRAN,S/O.RAKAN,KURUVIKKUZHI HOUSE, KULAKKADA P.O. R1 TO 3 BY GOVERNMENT PLEADER SRI P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9206 of 2009(U) APPENDIX PETITIONER'S EXHIBITS - P1 - TRUE COPY OF PERMIT NO.35/2008-09/DOQ/MM/OS/S2/584/09 DATED 2.4.09 ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, DISTRICT OFFICE, KOLLAM TO THE PETITIONER. P2 - TRUE COPY OF THE P FORM ISSUED TO THE PETITIONER UNDER RULE 48 OF THE KERALA MINER MINERAL CONCESSION RULES 1967. P3 - TRUE COPY OF THE REPRESENTATION DATED 6.3.09 MADE BY THE PETITIONER TO THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION. P4 - TRUE COPY OF THE RECEIPT NO.113793 OF EXT.P1 PETITION ISSUED BY THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION TO THE PETITIONER. P.R. RAMAN & P.S. GOPINATHAN, JJ. ---------------------------------------------- W.P.(C) No. 9206 of 2009 ---------------------------------------------- DATED:APRIL 1, 2009. JUDGMENT Raman, J. Petitioner is engaged in mining operation of ordinary sand from 70 ares of land in Kalayapuram village in Kottarakkara taluk. Alleging illegal interference in the work by respondents 4 to 6, this writ petition has been filed We issued notice by special messenger to the party respondents and service is complete. 2. So long as the petitioner is carrying on the mining work based on the licence issued by a competent authority in accordance with law, obstruction cannot be caused to such work. However, if respondents 4 to 6 have got any grievance in the matter of mining done by the petitioner, it is open to them to file a complaint before the police or before the appropriate authority whereupon such complaint will be enquired into in accordance W.P.(C) No. 9206 of 2009 :2: with law. In the circumstances there will be a direction to give protection to the life of the petitioner and the willing workers of the petitioner. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. mt/-