M.K.Viswambaran Vs. Superintendent of Police - Court Judgment

SooperKanoon Citationsooperkanoon.com/1126961
CourtKerala High Court
Decided OnFeb-11-2014
JudgeHON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
AppellantM.K.Viswambaran
RespondentSuperintendent of Police
Excerpt:
in the high court of kerala at ernakulam present: the hon'ble the chief justice dr. manjula chellur & the honourable mr.justice a.m.shaffique tuesday, the11h day of february201422nd magha, 1935 wp(c).no. 20380 of 2013 (v) ---------------------------- petitioner(s): -------------- m.k.viswambaran, aged60years s/o. krishnankutty, melveettil house, kunnamkulam p.o. thrissur district. by adv. sri.rajit respondent(s)/respondents : ---------------------------- 1. superintendent of police thrissur, collectorate, ayyanthole thrissur.2. circle inspector of police kunnamkulam police station, thrissur district.3. sub inspector of police erumapetty police station, thrissur district.4. geologist office of the department of mining and geology thrissur.5. balakrishnan @ unnimon kalathiparambil house, aloor p.o., vellarakkad thrissur district.6. sunil s/o. kumaran, pambingal house, aloor p.o. vellarakkad, thrissur district. addl.7. district collector thrissur.addl. r7 is impleaded suo moto as per order dated0509.2013. r5,r6 by adv. sri.p.vijaya bhanu (sr.) r5,r6 by adv. sri.v.a.johnson (varikkappallil) r5,r6 by adv. sri.unni sebastian kappen r1-r4 & 7 by government pleader this writ petition (civil) having been finally heard on1102-2014, the court on the same day delivered the following: wp(c).no. 20380 of 2013 (v) ---------------------------- appendix petitioner(s)' exhibits ------------------------ p1 : copy of the quarrying permit granted by the4h respondent to the petitioner. p2 : copy of the representation filed by the petitioner before the2d & 3rd respondent. p3: true copy of order dated510.2013 issued by district collector, thrissur. p4: true copy of resolution dt. 6.9.2013 of kadangode grama panchayat. p5: true copy of report of geologist along with remittance made by the president. p6: true copy of letter dated1810.2013 issued by the town planner to the secretary of kadangode grama panchayat. p7: true copy of letter dated2610.2013. ext.p8: true copy of govt. order dated1112.2012 issued by the industries department. respondent(s)' exhibits ------------------------ ext. r5(a) true copy of memorandum dated178.2013 ubmitted by the people of the locality before the district collector, thrissur. ext. r5(b) true copy of news paper report dated218.2013 published in malayala manorama. ext r5(c) true copy of news paper report dated218.2013 published in chandrika. ext.r5(d) true copy of news paper report dated218.2013 published in madhyamam. [true copy] p.s to judge. manjula chellur, c.j.& a.m. shaffique, j.=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= w.p(c) no. 20380 of 2013 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= dated this, the 11th day of february, 2014. judgment shaffique, j.the petitioner has approached this court seeking police protection. he is engaged in the business of cutting and removing laterite building stones in an extent of 16.19 ares of land in survey no. 174 of eyyal village, which is utilised for quarrying laterite stones. the complaint of the petitioner is that though the petitioner has all the permits and licenses to run his business, the 5th and 6th respondents are preventing the activity of mining which is illegal and though the petitioner had approached respondents 1 to 3 for adequate protection, no action had been taken by the respondents so far.2. 5th and 6th respondents have filed counter affidavit contending that though the petitioner had obtained certain license, they did not have necessary environmental clearance from the ministry of environment and forest. that apart, a school is situated within the distance of 200 meters from the mining site and the mining will affect the ecological balance of the area.3. on the basis of the averments made in the counter affidavit, this court had issued an interim order directing the district collector to conduct necessary investigation. the senior government pleader has filed memo dated 30.10.2013 enclosing copy of the report dated 5.10.2013 of the district collector, wherein it is clearly indicated that the petitioner is w.p(c) no. 20380 of 2013 -:2. :- operating the quarry with necessary licenses/permits and there is no environmental hazard as stated by the party respondents.4. from the above materials available, it is clear that the petitioner has got necessary permission from the authorities concerned for operating the quarry. the party respondents cannot object to the activity carried on by the petitioner. if at all they have any contention regarding non- availability of environmental clearance or any other statutory license/permit by the petitioner, they cannot take law into their own hands and they will have to approach the concerned authorities or raise their disputes before the appropriate forum.5. having regard to the aforesaid contentions urged by either parties, we are of the view that if there is any unlawful activity or obstruction caused by the party respondents or their men, police is bound to provide police protection to the petitioner to carry on the business activity in accordance with the procedure prescribed, and it is directed so. the writ petition is disposed of as above. sd/- manjula chellur, chief justice sd/- a.m. shaffique, judge. tds/
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 WP(C).No. 20380 of 2013 (V) ---------------------------- PETITIONER(S): -------------- M.K.VISWAMBARAN, AGED60YEARS S/O. KRISHNANKUTTY, MELVEETTIL HOUSE, KUNNAMKULAM P.O. THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S)/RESPONDENTS : ---------------------------- 1. SUPERINTENDENT OF POLICE THRISSUR, COLLECTORATE, AYYANTHOLE THRISSUR.

2. CIRCLE INSPECTOR OF POLICE KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT.

3. SUB INSPECTOR OF POLICE ERUMAPETTY POLICE STATION, THRISSUR DISTRICT.

4. GEOLOGIST OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY THRISSUR.

5. BALAKRISHNAN @ UNNIMON KALATHIPARAMBIL HOUSE, ALOOR P.O., VELLARAKKAD THRISSUR DISTRICT.

6. SUNIL S/O. KUMARAN, PAMBINGAL HOUSE, ALOOR P.O. VELLARAKKAD, THRISSUR DISTRICT. Addl.7. DISTRICT COLLECTOR THRISSUR.ADDL. R7 IS IMPLEADED SUO MOTO AS PER ORDER

DATED0509.2013. R5,R6 BY ADV. SRI.P.VIJAYA BHANU (SR.) R5,R6 BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) R5,R6 BY ADV. SRI.UNNI SEBASTIAN KAPPEN R1-R4 & 7 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON1102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20380 of 2013 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1 : COPY OF THE QUARRYING PERMIT GRANTED BY THE4H RESPONDENT TO THE PETITIONER. P2 : COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE2D & 3RD RESPONDENT. P3: TRUE COPY OF ORDER

DATED510.2013 ISSUED BY DISTRICT COLLECTOR, THRISSUR. P4: TRUE COPY OF RESOLUTION DT. 6.9.2013 OF KADANGODE GRAMA PANCHAYAT. P5: TRUE COPY OF REPORT OF GEOLOGIST ALONG WITH REMITTANCE MADE BY THE PRESIDENT. P6: TRUE COPY OF LETTER DATED1810.2013 ISSUED BY THE TOWN PLANNER TO THE SECRETARY OF KADANGODE GRAMA PANCHAYAT. P7: TRUE COPY OF LETTER DATED2610.2013. EXT.P8: TRUE COPY OF GOVT. ORDER

DATED1112.2012 ISSUED BY THE INDUSTRIES DEPARTMENT. RESPONDENT(S)' EXHIBITS ------------------------ EXT. R5(a) TRUE COPY OF MEMORANDUM DATED178.2013 UBMITTED BY THE PEOPLE OF THE LOCALITY BEFORE THE DISTRICT COLLECTOR, THRISSUR. EXT. R5(b) TRUE COPY OF NEWS PAPER REPORT DATED218.2013 PUBLISHED IN MALAYALA MANORAMA. EXT R5(c) TRUE COPY OF NEWS PAPER REPORT DATED218.2013 PUBLISHED IN CHANDRIKA. EXT.R5(d) TRUE COPY OF NEWS PAPER REPORT DATED218.2013 PUBLISHED IN MADHYAMAM. [TRUE COPY] P.S TO JUDGE. Manjula Chellur, C.J.

& A.M. Shaffique, J.

=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 20380 of 2013 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th day of February, 2014.

JUDGMENT

Shaffique, J.

The petitioner has approached this Court seeking police protection. He is engaged in the business of cutting and removing laterite building stones in an extent of 16.19 Ares of land in Survey No. 174 of Eyyal Village, which is utilised for quarrying laterite stones. The complaint of the petitioner is that though the petitioner has all the permits and licenses to run his business, the 5th and 6th respondents are preventing the activity of mining which is illegal and though the petitioner had approached respondents 1 to 3 for adequate protection, no action had been taken by the respondents so far.

2. 5th and 6th respondents have filed counter affidavit contending that though the petitioner had obtained certain license, they did not have necessary environmental clearance from the Ministry of Environment and Forest. That apart, a school is situated within the distance of 200 meters from the mining site and the mining will affect the ecological balance of the area.

3. On the basis of the averments made in the counter affidavit, this Court had issued an interim order directing the District Collector to conduct necessary investigation. The Senior Government Pleader has filed memo dated 30.10.2013 enclosing copy of the report dated 5.10.2013 of the District Collector, wherein it is clearly indicated that the petitioner is W.P(C) No. 20380 of 2013 -:

2. :- operating the quarry with necessary licenses/permits and there is no environmental hazard as stated by the party respondents.

4. From the above materials available, it is clear that the petitioner has got necessary permission from the authorities concerned for operating the quarry. The party respondents cannot object to the activity carried on by the petitioner. If at all they have any contention regarding non- availability of environmental clearance or any other statutory license/permit by the petitioner, they cannot take law into their own hands and they will have to approach the concerned authorities or raise their disputes before the appropriate forum.

5. Having regard to the aforesaid contentions urged by either parties, we are of the view that if there is any unlawful activity or obstruction caused by the party respondents or their men, police is bound to provide police protection to the petitioner to carry on the business activity in accordance with the procedure prescribed, and it is directed so. The writ petition is disposed of as above. Sd/- Manjula Chellur, Chief Justice Sd/- A.M. Shaffique, Judge. Tds/