IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 26881 of 2010(I) -------------------------- PETITIONER(S): --------------------- M.G.SUDHEER, AGED 41, S/O. M.R.GOPI, MULLAKKERI THARA, VADAKKEMURI, UDAYANAPURAM P.O., VAIKOM. BY ADV. SRI.T.M.MOHAMMED YOUSUFF, SENIOR ADVOCATE SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SRI.JOBI.A.THAMPI SMT.M.KABANI DINESH RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, MUHAMMA. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, KERALA, THIRUVANANTHAPURAM. 4. THE SENIOR GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING & GEOLOGY, KOTTAYAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 26881 OF 2010 (I) ===================== Dated this the 30th day of August, 2010 J U D G M E N T According to the petitioner, on the basis of Exts.P1 to P4, he is mining ordinary sand and is selling the same. It is stated that despite the above, his vehicle was detained by the 1st respondent, and that, on the intervention of the Circle Inspector of Police, the same was belatedly released. Complaining of the above, he moved the 2nd respondent by filing Ext.P5. Even on Ext.P5, there has not been any action. It is therefore the writ petition is filed with the following prayers; (i) to declare that the petitioner has got every right for mining and transporting of ordinary sand on the strength of Ext.P3 and P4 without any let or hindrance by the 1st respondent or any other Police officer under the respondents 2 and 3. (ii) To issue a writ of mandamus to the respondents to allow the petitioner to carry on his business of mining of ordinary sand and transportation of the same using lorries and other vehicles with valid cash memorandum/pass counter signed by the 4th respondent Geologist, similar to Ext.P4. (iii) To issue a writ of prohibition against the respondents or any other police officer under them not to detain any vehicle which carries ordinary sand on the strength of valid pass/cash WPC No. 26881/10 :2 : memorandum issued by the petitioner and duly countersigned by the 4th respondent Geologist and not to interfere with the business of the petitioner except under due process of law. 2. Although, it is the case of the petitioner that his activity is legitimate in view of Exts.P1 to P4, it is always open to the law enforcement agencies to satisfy themselves about the legitimacy of the activities and it is not possible for this Court to grant the reliefs sought for by the petitioner, which will fetter the hands of the enforcement agency. 3. Be that as it may, if as stated by the petitioner, his activities are legitimate, he is also entitled to carry on his activities without any illegal obstruction. 4. Having regard to the above, I direct the 2nd respondent, before whom Ext.P5 is pending to consider the same and pass appropriate orders to redress the grievance of the petitioner. 5. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for appropriate action. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp