IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 27340 of 2009(J) PETITIONER(S): --------------- K.N.MADHUSOODHANAN, SREENIKETHAN, KALANJOOR, PATHANAMTHITTA. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): 1. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, CHENGANNOOR. 2. THE CIRCLE INSPECTOR OF POLICE, CHENGANNOOR. 3. THE SUB INSPECTOR OF POLICE, CHENGANNOOR POLICE STATION. 4. THE DISTRICT COLLECTOR, ALAPPUZHA. 5. THE CHIEF ENGINEER, CONSTRUCTION, SOUTHERN RAILWAY, ERNAKULAM. 6. RASHEED, S/O.HAMEED, KALLILIKUNNATHU, MULAKKUZHA P.O., CHENGANNUR. 7. SATHYA BABU, S/O.KARUNAKARAN, MANYASSERI KIZHAKKETHIL, PERINGALA P.O., MULAKUZHA. 8. ANILKUMAR, S/O.THANKAPPAN, SREEPURAM, MULAKUZHA P.O., CHENGANNUR. ADV. SRI.N.B.SUNIL NATH,STANDING COUNSEL, RAILWAYS FOR R5 SRI.P.C.SASIDHARAN FOR R6,7,8 GOVERNMENT PLEADER SRI.P.RAVINDRA BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.27340 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the proceedings of District Collector dated 17.9.2009. Ext.P2: True copy of representation dated 18.9.2009. Ext.P3: True copy of receipt dated 18.9.2009. Ext.P4: True copy of representation dated 21.5.2009 before the Dist.Collector. Ext.P5: True copy of representation dated 21.5.2009 before the Supdt. of Police. Ext.P6: True copy of representation dated 26.9.2009 before R.5. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 27340 OF 2009 --------------------------------------------- Dated this the 14th day of October, 2009 JUDGMENT Kurian Joseph, J. Petitioner approaches this Court with the following prayer: “i. To issue a writ of mandamus or any other appropriate writ, order or direction to respondents No.1 to 3 to afford adequate and effective police protection for escavation and removal of earth in terms of Exhibit P1 from the acts of obstruction by respondents No.6 to 8 and their henchmen.” 2. Earth is required for the purpose of construction of doubling of railway track between Chengannur-Mavelikkara and Chengannur-Chingavanam and construction of bridge over Pamba river. The Railways filed a statement through the Standing Counsel. It is submitted that any delay in the matter will seriously affect the execution of the project. It is also submitted that no environmental problems will be caused by taking the red earth from the place permitted by the Revenue Authorities. Learned counsel for the party respondents W.P.(C) NO.27340 of 2009 2 submitted that taking the earth from the present place will cause serious environmental hazards affecting mainly the source of drinking water. It is submitted that around 600 people are in there in the Harijan colony situated nearby place. Still further, it is submitted that in the pretext of construction of railway track, petitioner is actually using the earth for filling the paddy lands. Learned Government Pleader, on instructions from the District Collector, submits that pursuant to the direction issued by this court, the District Collector has convened the families of the parties through R.D.O, Chengannur. It is reported that the removal of earth from the permitted place will not cause any ecological imbalance and no environmental problems will cause if the earth is removed to a depth of 4metres after leaving 15 metres from the west end. It is reported by the District Collector that removal of earth will affect the source of drinking water, is only an unfounded apprehension. 3. In the above circumstances, there will be a direction to respondents 1 to 3 to render adequate and effective police protection to the petitioner for removal of the earth as permitted by the District Collector and for transportation of the same for the purpose of the construction of the railway line and bridge, W.P.(C) NO.27340 of 2009 3 referred to above. The petitioner shall not use the earth for any other purpose. Removal shall only be at permitted level. We direct the respondents 6 to 8 to desist from unfounded agitations, in view of the larger public interest involved in the issue. By the doubling of the railway track, it is ultimately the people of the locality and the people of the state who are going to be benefited. Earlier, the better it would be. Respondents 1 to 3 will render the assistance as above from 17.10.09 onwards. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc