IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 10274 of 2009(D) -------------------------- PETITIONER(S): --------------- 1. AUGUSTINE P.D., PUTHEN PARAMBIL, THONNAKKADU, CHENGANNUR, ALAPPUZHA DISTRICT. 2. SADASIVAN, S/O.ACHUTHAN, KANJIKKAL VADAKKATHIL, THONNACKAD P.O., CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, CHENGANNUR CIRCLE, MAVELIKKARA, ALAPPUZHA DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT. 4. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, ALAPPUZHA 5. V.T.PODIYAN, AREA COMMITTEE SECRETARY, KSKTU, PONGUNILKUNATHI, ANGADIKKAL THEKKU P.O CHENGANNUR, ALAPPUZHA DISTRICT. 6. SOMAN, THADAPARAMBIL, PENNUKARA P.O. CHENGANNUR, ALAPPUZHA DISTRICT. PIN : 689 520. W.P.(C) No.10274 of 2009 : 2 : 7. N.G.SREEKUMAR, LOCAL COMMITTEE SECRETARY (ACTING) COMMUNIST PARTY OF INDIA (MARXIST), PLAVELILVEETTIL, PERISSERY P.O., CHENGANNUR, ALAPPUZHA DISTRICT. PIN : 689 126. 8. PRADEEP KUNJIRAMAN, KOLLAMPARAMBIL, PULIYOOR P.O., CHENGANNUR, ALAPPUZHA DISTRICT. ADV. SRI.S.RAJEEV FOR R6 & R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.10274 of 2009 EXT.P1 TRUE COPY OF PERMIT Q.P.NO.108/08-09/MM/BC/DOA/464/09 DATED 27.3.2009 ISSUED BY THE GEOLOGIST, ALAPPUZHA. EXT.P2 TRUE COPY OF PERMIT WITH NUMBER QP.NO.94/08-09/MM/BC/DOA/197/MM/09 DATED 25.2.2009 ISSUED BY GEOLOGIST, ALAPPUZHA. EXT.P3 TRUE COPY OF PERMIT Q.P.NO.111/08-09/MM/BC/DOA/477/09 DATED 27.3.2009 ISSUED BY THE GEOLOGIST, ALAPPUZHA. EXT.P4 TRUE COPY OF PERMIT WITH NUMBER Q.P.NO.92/0809/MM/BC/DOA/196/MM/09 DATED 24.2.2009 ISSUED BY GEOLOGIST, ALAPPUZHA. EXT.P5 TRUE COPY OF THE CONSENT LETTER ISSUED BY HEAD LOAD WORKERS AND FARMING WORKERS TO THE 1ST PETITIONER. EXT.P6 TRUE COPY OF REPRESENTATION DATED 28.3.2009 MADE BY FIRST PETITIONER. EXT.P7 TRUE COPY OF REPRESENTATION DATED 28.3.2009 MADE BY SECOND PETITIONER. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.10274 of 2009 ------------------------------- Dated this the 3rd April, 2009 J U D G M E N T Raman, J. So long as a citizen, after obtaining valid permit from the authorities, indulge in activities not prohibited by law, there cannot be any physical obstruction to such activity. Of course, anybody having any grievance of the activities so done by the persons, are entitled to take legal measures either from the statutory authorities or from the competent Civil Court. 2. In the present case, the petitioners have produced permits said to have been issued by the authorities, but they are only true copies. According to them, they are doing the quarrying work in the area, in accordance with the rules and regulations and the same is being obstructed by the party respondents. According to them, they have preferred a complaint before the police, but the police is not taking any action thereon. W.P.(C) No.10274 of 2009 2 3. The learned Government Pleader, on instructions, submits that the police have not received any complaint in this regard. In the absence of any such complaint, the question of directing a writ of mandamus does not arise. 4. In such circumstances, if there is any physical obstruction caused, it is open to the petitioners to approach the police, whereupon, the police will enquire as to whether the work as done by the petitioners is in accordance with valid licence issued. The petitioners shall also produce the original licence before the police officer concerned. If the respondent has got any legal objection, it is up to them to approach the authorities under the law, both statutory as well as Civil Court, but cannot physically cause any obstruction. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.