Abdul Ali v. The Circle Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 ---------------------------- PETITIONERS :

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1. ABDUL ALI S/O.BEERAN, CHALODI HOUSE, PALLIKKALL PO PALLIKKAL BAZAR, MALAPPURAM DISTRICT

2. SUBAIR.K.V S/O.SIYALI, PATTATHIL HOUSE, PERUMANNA PO KOZHIKODE DISTRICT BY ADVS.SRI.U.K.DEVIDAS SMT.LIJI KUTTAPPAN RESPONDENTS :

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1. THE CIRCLE INSPECTOR OF POLICE KOTUVALLY CIRCLE, KOZHIKODE DISTRICT 673 572

2. THE SUB INSPEVCTOR OF POLICE MOKKAM POLICE STATION, KOZHIKODE DISTRICT 673 602.

3. AJAYAN.P.N S/O.UNNEERI, POOVATHIKKAL HOUSE, MYSOREMALA PO KAKKAD AMSOM, KARASSERI DESOM KOZHIKODE DISTRICT 673 602.

4. RAJAN.M.K S/O.VALYATHAN, POOVATHIKKAL MUNDAYIL HOUSE MYSOREMALA PO, KAKKAD AMSOM, KARASSERI DESOM KOZHIKODE DISTRICT 673 602.

5. SUDHEESH S/O.SREEDHARAN, MALAMKKUNNU HOUSE, POOVATHIKKAL MYSOREMALA PO, KAKKAD AMSOM, KARASSERI DESOM KOZHIKODE DISTRICT 673 602.

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6. UMMER MANNIL HOUSE, MALAMKKUNNU, MYSOREMALA PO KAKKAD AMSOM, KARASSERI DESOM KOZHIKODE DISTRICT 673 602.

7. RATHEESH S/O.SASI, PILINJAPALLIYIL HOUSE, MALAMKKUNNU MYSOREMALA PO, KAKKAD AMSOM KARASSERI DESOM KOZHIKODE DISTRICT 673 602.

Addl. 8. THE GEOLOGIST MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE KOZHIKODE - 673 021.

(ADDL.R8 IS IMPLEADED AS PER ORDER DATED 13/08/2014 IN IA NO. 11014/2014).

R3-R5 & 7 BY ADV. SRI.E.NARAYANAN R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-------------------------------- APPENDIX PETITIONERS' EXHIBITS :

----------------------------- EXHIBIT P1 : COPY OF THE PERMIT DATED 4/11/2013 GRANTED BY THE GEOLOGIST,MINING AND GEOLOGY DEPARTMENT , KOZHIKODE. EXHIBIT P2 : COPIES OF THE PERMIT DATED 11/9/2013 GRANTED BY THE GEOLOGIST, MINING AND GEOLOGY DEPARTMENT, KOZHIKODE. EXHIBIT P3 : COPY OF THE LOCATION CERTIFICATES DATED 23/10/2013 ISSUED BY THE VILLAGE OFFICER, KAKKAD WITH ENGLISH TRANSLATION. EXHIBIT P4 : COPY OF LOCATION CERTIFICATES DATED 29/8/2013 ISSUED BY THE VILLAGE OFFICER,KAKKAD WITH ENGLISH TRANSLATION. EXHIBIT P5 : COPY OF THE PETITION DATED 11/7/2014 FILED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT WITH ENGLISH TRANSLATION. EXHIBIT P6 : TRUE COPY OF THE QUARRYING PERMIT ISSUED BY THE ADDITIONAL 8TH RESPONDENT DATED 29.09.2014.

RESPONDENTS' EXHIBITS :

------------------------------- EXT.R4(A) : TRUE COPY OF REPRESENTATION DATED 03.05.2013 SUBMITTED BY THE KANNATTUKUZHY WATER STREAM PROTECTION SOCIETY SUBMITTED BEFORE THE VILLAGE OFFICER, KAKKAD. EXT.R4(B) : TRUE COPY OF REPORT DARTED 23.08.2014 FILED BY THE VILLAGE OFFICER, KAKKAD TO THE R.D.O. KOZHIKODE. /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19753 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2015

JUDGMENT

Shaffique, J.

The petitioner has approached this Court seeking police protection alleging that respondents 3 to 7 are obstructing the functioning of the laterite quarry and transportation of the materials.

2. It is submitted by learned counsel appearing for respondents 3 to 7 that on the basis of the complaint given by the petitioner, police has already enquired into the matter and therefore there is no cause of action to file this writ petition. It is also submitted that respondents 3 to 7 have not obstructed the petitioner physically from carrying on the quarry operations and transportation of the materials.

Having regard to the above factual circumstances we do not think that any direction as sought for is required to be passed in this case. We only observe that if there is any further threat, it is always open for the petitioner to file a

WP(C) No. 19753 of 2014 -:2:- complaint before the Police, who shall look into the same and do the needful.

With the above observation, the Writ Petition is closed. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

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