IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 38130 of 2007(L) -------------------------- PETITIONER: ------------ P.BIJU, N.N.HOUSE, MALAYAM, MACHEL P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGAD. 3. SUB INSPECTOR OF POLICE, NEDUMANGAD. 4. SIVAN, NEDUMPARA KUNNUMPURAM VEEDU, KARAKULAM VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 38130/2007 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE PERMIT DATED 10.12.2007 ISSUED TO THE PETITIONER BY THE DEPARTMENT OF MINING AND GEOLOGY. EXT.P2 - TRUE COPY OF THE CERTIFICATE DATED 4.11.1985 ISSUED TO SRI.N.CHANDRAMOHAN BY THE CONTROLLER OF EXPLOSIVES. EXT.P3 - TRUE COPY OF THE COMPLAINT DATED 8.10.2007 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P4 - TRUE COPY OF THE PERMIT NO.324/2001-02/149/DOT/EM/2002 DATED 25.1.2002 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY. EXT.P5 - TRUE COPY OF THE SALE DEED NO.1122/05 OF THE 4TH RESPONDENT. EXT.P6 - TRUE COPY OF THE LETTER DATED 6.11.2007 OF THE SUPERINTENDENT OF POLICE. RESPONDENTS' EXTS. EXT.R4(a) - TRUE PHOTO COPY OF WRITTEN COMPLAINT SUBMITTED TO THE DIRECTOR OF MINING & GEOLOGY, THIRUVANANTHAPURAM AS EARLY AS ON 06.12.2007. EXT.R4(b) – TRUE PHOTO COPY OF WRITTEN COMPLAINT SUBMITTED TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM ON 06.12.2007. EXT.R4(c) – TRUE PHOTO COPY OF WRITTEN COMPLAINT SUBMITTED TO THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM AS EARLY AS ON 06.12.2007. EXT.R4(d) – TRUE PHOTO COPY OF THE ORDER DATED 21.11.2007 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.30990/2007. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 38130 OF 2007-L ----------------------------------------- Dated 31st January, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner submits, he has the necessary quarrying permit to run a quarry. The 4th respondent, who is residing in the neighbourhood, is causing obstruction to the running of the same. So, after moving the police, a writ petition was filed before this Court, seeking police protection. The said writ petition was disposed of by Ext.R4(d) judgment, directing the petitioner to approach the civil court, in view of the decision of this Court in Thilakan v. C.I of Police [2007(4) ILR Kerala 454]. The present writ petition is filed, alleging that respondents 1 to 3 are causing obstruction to the quarrying activities, which he undertakes on the strength of Ext.P1 quarrying permit. 2. If those respondents are illegally interfering with the rights of the petitioner, he can move the civil court against them. If he has any statutory remedies, he can invoke the same also. Therefore, this writ petition is closed without prejudice to the contentions of the petitioner and his right to Wpc 38130/07 2 move other forums. We record the submission of the learned counsel for the 4th respondent that his residential building is only at a distance of 23 metres from the quarry and therefore, in view of condition No.2 of Ext.P1, the petitioner cannot undertake any quarrying activities. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/