IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 13255 of 2010(F) ------------------------ WRIT PETITIONER : ------------------------------ M/S. ATLAS MINES AND GRANITES (INDIA) LTD., REGISTERED OFFICE AT P.B. NO. 39, PARK JUNCTION, MAVELIKKARA - 690 101, KERALA REPRESENTED BY ITS MANAGING DIRECTOR, SUJATHAN, KOTTAPURATHU, KOTTARAKAVU, MAVELIKARA. BY ADVS. SRI.GEORGE VARGHESE (PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. DEPUTY SUPERINTENDENT OF POLICE, ADOOR. 4. CIRCLE INSPECTOR OF POLICE, ADOOR 5. THE SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, KOODAL. 6. J. ANANTHAN, KATTUMADATHIL HOUSE, PALLICKAL NADUVILEMURI, MAVELIKARA. R1 TO R5 BY GOVT. PLEADER SRI. T.K. VIPINDAS R6 BY ADVS. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 13255 of 2010(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF CERTIFICATE OF INCORPORATION IN FORM I. EXT.P2 : COPY OF QUARRYING LEASE DATED 15.11.2006 IN FAVOUR OF 6TH RESPONDENT. EXT.P3 : COPY OF AGREEMENT DATED 8.6.2007 EXECUTED BY 6TH RESPONDENT IN FAVOUR OF MANAGING DIRECTOR OF PETITIONER. EXT.P4 : COPY OF RECEIPT ISSUED BY 6TH RESPONDENT. EXT.P5 : COPY OF APPLICATION DATED 9/9/2008 SUBMITTED BY THE 6TH RESPONDENT BEFORE THE DIRECTOR OF MINING AND GEOLOGY FOR TRANSFER OF QUARRYING LEASE. EXT.P6 : COPY OF SALE DEEDS NOS. 390/09, 391/09, 392/09 & 403/09 OF SRO, ENADIMANGALAM , EXECUTED BY 6TH RESPONDENT IN FAVOUR OF PETITIONER. EXT.P7 : COPY OF TAX RECEIPT DATED 5.5.2009 REMITTED BY THE PETITIONER. EXT.P8 : COPY OF LETTER DATED 27/7/2009. EXT.P9 : COPY OF PROCEEDINGS NO. C749360/2008 DATED 16.11.2009 CANCELING THE NO OBJECTION CERTIFICATE. EXT.P10 : COPY OF THE COMPLAINT DATED 9.4.2010 SUBMITTED BY PETITIONER ALONG WITH RECEIPT EVIDENCING DISPATCH. EXT.P11 : COPY OF RESOLUTION FILED BY THE 6TH RESPONDENT. EXT.P12 : COPY OF JUDGMENT IN WP(C) NO. 24555/10 DATED 12.10.2010. EXT.P13 : COPY OF THE I.A.NO. 1047/10 IN OS 243/09 ON THE FILE OF SUBORDINATE JUDGE'S COURT, PATHANAMTHITTA. RESPONDENT'S EXHIBITS: EXT.R6(a) : COPY OF THE NO OBJECTION CERTIFICATE DATED 23.12.2005. EXT.R6(b) : COPY OF THE LEASE DEED NO. 1151/2008 DATED 14.8.2008. Contd... WP(C).No. 13255 of 2010(F) EXT.R6(c) : COPY OF THE PLAINT IN O.S. NO. 243 OF 2009 DATED 14.8.2009. EXT.R6(d) : COPY OF THE WRITTEN STATEMENT IN O.S. NO. 243 OF 2009 DATED 25.11.2009. EXT.R6(e) : COPY OF THE PLAINT IN O.S. NO. 262/2009 DATED 3.10.2009. EXT.R6(f) : COPY OF THE APPLICATION DATED 5.3.2010. EXT.R6(g) : COPY OF THE FIRST INFORMATION REPORT DATED 8.4.2010. EXT.R6(h) : COPY OF THE REVIEW PETITION DATED 25.11.2009. EXT.R6(i) : COPY OF THE COMMUNICATION DATED 9.12.2009. EXT.R6(j) : COPY OF THE APPLICATION DATED 20.8.2009. EXT.R6(k) : COPY OF THE LETTER DATED 4.11.2009. EXT.R6(l) COPY OF THE POSSESSION NOTICE DATED 12.12.2009. //TRUE COPY// P.S. TO JUDGE Mn R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------ W.P.(C) No. 13255 of 2010-F ------------------------------------------------- Dated this the 3rd day of March, 2011 JUDGMENT Basant,J. The petitioner has come to this Court with this petition for issue of directions under Art.226 of the Constitution to respondents 1 to 5, the State and its police officials, to afford police protection to the petitioner to facilitate enjoyment of property covered by Ext.P6 sale deed without any illegal obstructions or contumacious acts on the part of the 6th respondent. 2. The petitioner is a Company. The 6th respondent is admittedly one of the Directors of the Company. The 6th respondent had Ext.P2 and other quarrying permits issued in his name. He allegedly entered into Ext.P3 agreement with the petitioner to constitute a Company and to transfer the quarrying W.P.(C) No. 13255 of 2010- -: 2 :- permits in his name to the Company. A huge amount - to the tune of Rs.85 lakhs, was allegedly received by the 6th respondent as consideration for the transfer under Ext.P3 agreement. 3. According to the petitioner, in addition to Ext.P3 agreement, the 6th respondent had also transferred his proprietary rights in respect of the certain items of properties under Ext.P6 sale deed to the petitioner. Ext.P6 sale deed, according to the petitioner, covers properties part of which is covered by the quarrying permits. There were disagreement and disputes between the petitioner and the 6th respondent. It is admitted in all hands that Ext.P3 agreement has not been complied with. The petitioner has already filed a civil suit claiming return of amounts handed over under Ext.P3. The 6th respondent, in turn, has sued the petitioner challenging the alleged transfer of rights under Ext.P6. Both suits are pending before the civil courts. 4. According to the petitioner, the civil court has not passed any interim orders in favour of the 6th respondent. The 6th respondent is unjustifiably interfering with the alleged exclusive proprietary rights of the petitioner over Ext.P6 W.P.(C) No. 13255 of 2010- -: 3 :- property. It is, in these circumstances, that the petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution. 5. The 6th respondent has entered appearance through counsel. The learned counsel for the 6th respondent submits that Ext.P6 is not valid. The 6th respondent does not accept the validity of Ext.P6 document. He is already before the civil court. It is pointed out that the petitioner herein has, in fact, moved the civil court for an order restraining the 6th respondent from interfering with his alleged possession under Ext.P6. That petition - Ext.P13, is pending before the civil court. The petitioner is attempting to steal a march over the 6th respondent by approaching this Court seeking directions for police protection without and before the civil court which is already seized to the suit and Ext.P13 application for interim direction proceeds to pass orders thereon. The learned counsel for the 6th respondent submits that the petitioner must be relegated to the civil court to seek directions which he has already claimed under Ext.P13. He is not, at any rate, entitled to any orders for police protection now from this Court, contends counsel for the 6th W.P.(C) No. 13255 of 2010- -: 4 :- respondent. 6. We have heard both counsel. Records have been perused. We find merit in the objection raised by the learned counsel for the 6th respondent. As the civil court is seized to the matter and application for interim injunction is pending before the civil court (as per Ext.P13 application filed by the petitioner himself), we are of the opinion that without and before such petition is considered by the civil court and orders passed, the petitioner's attempt to secure directions for police protection from this Court cannot be accepted. The prayer made in the writ petition cannot, in these circumstances, be allowed. 7. The learned counsel for the petitioner submits that in that event there may, at least, be a direction to the concerned civil court i.e., Sub Court, Pathanamthitta, to consider Ext.P13 application expeditiously. That petition was filed as early as on 25/6/2010, it is pointed out. We are of the opinion that it is for the petitioner to seek appropriate directions from that court or this Court under appropriate jurisdiction for a direction for expeditious disposal of Ext.P13. It is for the petitioner to move the court concerned and we find no reason to assume that W.P.(C) No. 13255 of 2010- -: 5 :- petition (Ext.P13) pending before the said court will not be considered by the court expeditiously. The court must do the same. 8. With the above observations, this writ petition is dismissed. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge