IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 27591 of 2011(Y) ----------------------------------------- PETITIONER(S): ------------------------ RAJESH KRISHNANKUTTY, S/O.KRISHNANKUTTY,AGED 27 YEARS, THRISSAMANGALAM HOUSE, ASSAMANOOR P.O.,PIN 683 549. BY ADV. SRI.BIBIN KUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, (LAW AND ORDER) GOVERNMENT SECRETARIAT, TRIVANDRUM - 690 005. 2. CIRCLE INSPECTOR OF POLICE, KURUPAMPADY POLICE STATION, KURUPAMPADY - 688 081. 3. SUB INSPECTOR OF POLICE, KURUPAMPADY POLICE STATION, KURUPAMPADY - 688 081. 4. KUNJUMON, S/O.UMMAR,AGED ABOUT 45 YEARS, NAYATTUPARA HOUSE,METHALA P.O. PIN 683 545. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI. M.K. ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27591/2011 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1 THE TRUE COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD FOR THE PERIOD FROM 25/5/2011 TO 31/12/2012. EXT.P2 A TRUE COPY OF QUARRYING PERMIT ISSUED BY THE MINING AND GEOLOGY DEPARTMENT DATED 23/2/2011. EXT.P3 THE TRUE COPY OF THE LICENSE ISSUED BY THE ASSAMANOOR GRAMA PANCHAYATH DATED 6/7/2011. EXT.P4 A TRUE COPY OF THE COMPLAINT DATED 12/10/2011 FILED BEFORE CIRCLE INSPECTOR OF POLICE,KURUPAMPADY. EXT.P5 A TRUE COPY OF THE RECEIPT OF THE COMPLAINT DATED 12/10/2011. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 27591 OF 2011 ------------------------ Dated this the 18th day of October, 2011 JUDGMENT Pius C.Kuriakose, J. As directed by us, Sri.M.K.Abobacker learned senior Government Pleader has taken notice on behalf of respondents 1 to 3. 2. The petitioner has approached this court seeking police protection for the operation of a quarry on the strength of Exts.P1 to P2 consents and licences issued by the statutory authorities. According to the petitioner, the 4th respondent, who belongs to some other area, is raising unnecessary obstructions with oblique objectives. The petitioner complains that even though Ext.P4 complaint was submitted to the 2nd respondent, the 2nd respondent has not so far taken any action. 3. Sri.Bibin Kumar learned counsel for the petitioner submits that several areas of the quarry are presently filled up with water and unless the water is immediately removed, there WPC.No.27591/2011 2 is considerable risk even for the local people. 4. In the nature of the limited relief, which is being given to the petitioner hereunder, we are not inclined to issue notice to the 3rd respondent. We dispose of this writ petition issuing the following directions; If the 2nd respondent has received Ext.P4, the 2nd respondent will conduct an immediate enquiry into Ext.P4. As part of the enquiry, the 2nd respondent will visit the quarry so that he can know whether the petitioner's allegation that the quarry is filled up with water which is to be removed immediately is correct. If the enquiry reveals that what the petitioner stated is correct, the 2nd & 3rd respondents will afford requisite protection to the petitioner for operating the quarry and also for removing the water. It should be ensured that removal of water does not cause any loss or difficulty to any neighbouring property owners. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk WPC.No.27591/2011 3