IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 15772 of 2011(V) ---------------------------------------- PETITIONER(S): ------------------------ M/S.SANATHAN INFRASTRUCTURE & DEVELOPERS PVT.LTD., 2ND FLOOR, FSR TOWERS, PONNURUNNI, VYTTILA, KOCHI-682 019, REPRESENTED BY ITS AUTHORIZED OFFICER, ALEX ABRAHAM, ARAPUZHIKARA HOUSE, MANGALAPUZHA, U.C.COLLEGE P.O., ALWAYE. BY ADVS. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): ---------------------------- 1. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, MALAPPURAM DISTRICT, MALAPPURAM-679 338. 2. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT, MALAPPURAM-676 505. 3. JAYAKRISHNAN P., S/O.PARANGODAN, PARAMMEL HOUSE, SOUTH PANG P.O., MALAPPURAM-679 338. 4. SURESHKUMAR, S/O.VISWANATHAN, THACHILEDATH HOUSE, SOUTH PANG P.O., MALAPPURAM-679 338. 5. SUBRAMANIAN, MATTAI HOUSE, POOKKODE, SOUTH PANG P.O., MALAPPURAM- 679 338. 6. KURUVA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VATTALOOR-676 507, MALAPPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- WP(C)NO.15772/2011 -2- APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOC NO.5767/2010 DATED 17/12/2010 ISSUED BY THE FIRE & RESCUE SERVICE, MALAPPURAM. P2 COPY OF THE EXPLOSIVE LICENSE DATED 29/12/2010 ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE, MALAPPURAM. P3 COPY OF THE PERMIT NO.168/10-11/GR/DOM/M-2081/2010 DATED 17/12/2010 ISSUED BY THE MINING 7 GEOLOGY DEPARTMENT. P4 COPY OF THE CONSENT NO.PCB/CO/835/10 DATED 31/12/2010 ISSUED BY THE POLLUTION CONTROL BOARD. P5 COPY OF THE LETTER DATED 01/1/2011 ISSUING FITNESS CERTIFICATE ISSUED BY THE DMO(HEALTH) MALAPPURAM. P6 COPY OF THE LICENSE DATED 12/3/2011 ISSUED BY THE GRAMA PANCHAYAT TO THE PETITIONER. P7 COPY OF THE APPLICATION TO RENEW LICENSE DATED 6/4/2011 SUBMITTED BY THE PETITIONER BEFORE THE GRAMA PANCHAYAT. P8 COPY OF THE COVERING LETTER AND A/D CARD ISSUED BY THE POSTAL DEPARTMENT. P9 COPY OF THE RECEIPT ISSUED BY THE GRAMA PANCHAYAT FOR RECEIVING EXT.P7 APPLICATION. P10 COPY OF THE STOP MEMO, DATED 11/3/2011 ISSUED BY THE VILLAGE OFFICER KURUVA. P11 COPY OF THE REPORT DATED 16/3/2011 FILED BY THE TAHSILDAR, PERINTHALMANNA TO THE COLLECTOR. P12 COPY OF THE LETTER DATED 26/3/2011 ISSUED BY THE VILLAGE OFFICER. P13 COPY OF THE LETTER NO.DOM/M-1403/2011 DATED 8/4/2011 ISSUED BY THE GEOLOGIST. P14 COPY OF THE LETTER NO.PCB/MLPM/CO.761/10 DATED 26/4/2011 ISSUEDBY THE POLLUTION CONTROL BOARD. P15 COPY OF THE LETTER DATED 7/4/2011 ISSUED BY THE SECRETARY,KURUVA GRAMA PANCHAYAT TO THE PETITIONER. P16 COPY OF THE PETITION DATED 4/6/2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P16(A) COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF EXT.P16 BY THE 1ST RESPONDENT. P17 COPY OF THE PETITION DATED 7/6/2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P17(A) COPY OF THE RECEIPT SHOWING THE ACCEPTANCE OF EXT.P16 BY THE 2ND RESPONDENT. RESPONDENT' EXHIBITS: NIL /TRUE COPY/ sts P.A.TO.JUDGE R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.15772 of 2011-V ***************************** Dated this the 20th day of June, 2011 JUDGMENT BASANT, J. The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 1 and 2 to afford police protection to the petitioner for running a quarry complying with all the requisite legal formalities against illegal obstructions that are raised by respondents 3 to 5 and their men. 2. According to the petitioner, the petitioner has the requisite licences from all the concerned authorities to undertake the work of quarrying. When this Writ Petition was submitted, it was only a deemed licence. But subsequently Licence No.85/2011 has been issued to the petitioner by the 6th respondent panchayat for running a quarry. That licence is valid till 31.03.2012. Respondents 3 to 5 have no manner of right to obstruct the work of quarrying by the petitioner. But they are resorting to illegal obstructions. Complaints made to the police have not evoked any useful response and it is hence that the petitioner has been compelled to approach this Court with this W.P(C) No.15772 of 2011-V 2 petition. The learned counsel for the petitioner prays that appropriate directions may be issued. 3. Respondents 3 to 6 though served have not chosen to enter appearance. The learned Government Pleader after taking instructions from respondents 1 and 2 submits that respondents 1 and 2 are satisfied that the petitioner is entitled to run the quarry in accordance with law and that respondents 3 to 5 have no manner of right to obstruct the running of the quarry. In these circumstances, respondents 1 and 2 are willing to afford adequate protection for the petitioner. This petition may be allowed, but it may be insisted that the petitioner should run the quarry strictly in accordance with the licences/permits issued to him, submits the learned Government Pleader. 4. In the total absence of any opposition from respondents 3 to 6 and in the light of the submissions made by the learned Government Pleader, we are satisfied that prayer in this petition can be accepted and an order for police protection can be granted in favour of the petitioner. 5. In the result: a) This Writ Petition is allowed; W.P(C) No.15772 of 2011-V 3 b) Respondents 1 and 2 are directed to afford adequate police protection to the petitioner for running the quarry strictly in accordance with the terms of the licences/permits issued to him by the authorities concerned against illegal obstructions that are raised by respondents 3 to 5 and their men. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/