High Court of KeralaWP(C)/23011/2014closed

Southern Rock And Aggregate Mining Company v. Superintendent Of Police

2015-01-07Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 23011 of 2014 (B) ---------------------------- PETITIONER(S)/PETITIONER:

------------------------- SOUTHERN ROCK AND AGGREGATE MINING COMPANY CHERUKULANJI, RANNI, VALLAMKULAM P.O.

PATHANAMTHITTA, REPRESENTED BY ITS PROPRIETOR SRI. T.MATHEW ABRAHAM.

BY ADVS.SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.S.SREEDEV SRI.RONY JOSE SRI.GEORGE A.CHERIAN RESPONDENT(S)/RESPONDENTS:

--------------------------

1. SUPERINTENDENT OF POLICE PATHANAMTHITTA-689664.

2. SUB INSPECTOR OF POLICE RANNI POLICE STATION, PATHANAMTHITTA-689664.

3. PRAVEEN S/O. PURUSHAN, CHATHIVUKALAYIL HOUSE, EDAKARA VADASSERIKARA, PATHANAMTHITTA-689664.

4. MAHESH S/O.SASI, PUNNAMOOTTIL VEEDU, EDAKARA VADASSERIKARA, PATHANAMTHITTA-689664.

5. KUTTAPPAN S/O. BABY, KALAIKKALIL HOUSE, KANNAMCHARA NALACHIRA, PATHANAMTHITTA-689664.

6. HARIKUTTAN S/O. RAVI PILLAI, MALAKARA HOUSE, EDAKARA VADASSERIKARA, PATHANAMTHITTA-689664.

7. ALL KEALA TIPPER OWNERS ASSOCIATION VADASSERIKKARA UNIT REPRESENTED BY ITS PRESIDENT SRI. MAHESH PUNNAMOOTTIL VEEDU, EDAKARA, VADASSERIKARA PATHANAMTHITTA-689664.

R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23011 of 2014 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1- TRUE COPY OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD TO THE PETITIONER FOR CONDUCTING THE METAL CRUSHER UNIT. EXHIBIT P2- TRUE COPY OF THE COMPLAINT DATED 17-08-2014 FILED BEFORE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- W.P(C).No.23011 of 2014 ---------------------------------------------- Dated this the 7th January, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

Heard learned counsel for the petitioner and the learned Government Pleader.

2. By this Writ Petition the petitioner has prayed for a mandamus directing respondents 1 and 2 to afford adequate and effective police protection to the life of the petitioners, their staff, workers and its customers and its property and for the free movement of the vehicles of the petitioner loaded with quarry products from the quarry site to the places of distribution and from other illegal acts of respondents 3 to 7.

3. The learned Government Pleader, after obtaining instruction, submits that the obstruction has already been removed and as on date there is no threat or obstruction. Recording the aforesaid submission, the Writ Petition is closed.

ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs7/1/15