IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 29434 of 2008(D) -------------------------- PETITIONERS: --------------- 1. A.D.JOHN,AGED 43 YEARS, S/O P.JOHN, PUTHEN VEETTIL, MALLAPPALLY VILLAGE, DO.. TALUK. 2. ANNAMMA VARKEY, AGED 50 YEARS, W/O K.V. VARKEY KUNNUMPURATHU PUTHEN PURAIL, KOTTANGAL VILLAGE, MALLAPPALLAY TALUK. BY ADV. SRI.K.K.GOPALAKRISHNAN NAIR (178/74) RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA. 2. THE SUB INSPECTOR OF POLICE, PERUMPETTY POLICE STATION, PERUMPATTY VILLAGE, MALLAPPALLY 3. THE SECRETARY, C.I.T.U., MALLAPPALLY TALUK, MALLAPPALLY. 4. THE CONVENER, C.I.T.U., PERUMPARA UNIT, PERUMPARA, KOTTANGAL VILLAGE, MALLAPPALLY TALUK. 5. THOMASKUTTY, THONDIDAYIL HOUSE, VAIPUR P.O., KOTTANGAL VILLAGE, MALLAPPALLY TALUK. 6. MONCY, SECRETARY, A.I.T.U.C. PERUMPARA UNIT, KOTTANGAL VILLAGE,MALLAPPALLY TALUK. 7. THANKACHAN, CONVENER, A.I.T.U.C. UNIT, PUTHENPURACKAL PERUMPARA, KOTTANGAL VILLAGE, MALLAPPALLY TALUK. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 & R2 ADV. SRI.T.P.PRADEEP FOR R3-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.29434/08 PETITIONERS' EXTS: EXT.P1: TRUE COPY OF RECEIPT DATED 18.4.08 ISSUED BY THE VILLAGE OFFICER, KOTTANGAL. EXT.P2: TRUE COPY OF PERMIT DATED 25.6.08 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY. EXT.P3: TRUE COPY OF CONSENT FOR OPERATION OF QUARRIES DATED 11.1.2008 ISSUED BY THE POLLUTION CONTROL BOARD. EXT.P4: TRUE COPY OF CERTIFICATE/LICENCE ISSUED BY DY.CONTROLLER OF EXPLOSIVES, ERNAKULAM. EXT.P4(a): TRUE COPY OF -DO- -DO-. EXT.P5: TRUE COPY OF ORDER DATED 9.9.04 ISSUED BY DY.DIRECTOR OF PANCHAYATS. EXT.P6: TRUE COPY OF AGREEMENT DATED 8.5.08. EXT.P7: TRUE COPY OF JUDGMENT IN W.P.(C)No.26008/08 DATED 4.9.08. EXT.P8: TRUE COPY OF COMPLAINT DATED 23.9.08 TO THE 2ND RESPONDENT. EXT.P9: -DO -DO- DATED 24.9.08 BEFORE DY.S.P., THIRUVALLA. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.29434 OF 2008 D ----------------------------------------------------- DATED THIS THE 20th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners are running two quarries. They have entered into Exhibit P7 agreement for the supply of granite stones, boulders, etc. to a contractor, who is engaged in the construction of Arthungal Fishing Harbour, which is a 'tsunami' affected area. Respondents 3 to 7 and their members are causing obstruction to the use of JCB in their quarries for lifting large boulders. They propose to use JCB only for lifting large boulders which cannot be manually lifted by the workers. So, they seek necessary protection to do such work. 2. Respondents 3 to 7 would submit that there are about 200 workmen in the quarries and they were working for the last several years. Now JCB is introduced to deny employment to them. The petitioners propose not only to lift large boulders, but other granite pieces also, which the workmen can lift, using the JCB. Therefore, they are opposing the use of JCB for doing the W.P.(C)No.29434/08 -2- loading/unloading work. 3. We heard the learned Government Pleader for the respondents also. According to him, the workmen are concerned with the prospect of losing employment, if JCB is engaged. 4. Having regard to the nature of the allegations, normally the petitioners have to move other forums for appropriate reliefs. But, the petitioners undertook that they will use JCBs only to lift boulders which the workmen cannot manually lift. If the petitioners do the work as undertaken, the respondents 3 to 7 submitted that they will not cause any obstruction. They have no objection in the petitioners using the JCB for lifting large boulders, which the workmen cannot lift. Recording the undertakings of both sides, the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn