Dipin K. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 4TH DAY OF NOVEMBER 2015/13TH KARTHIKA, 1937 ---------------------------- PETITIONER :
--------------- DIPIN K., AGED 35 YEARS S/O.P.K.CHEKKANI, RESIDING AT KOZHIKKAUMEETHAL HOUSE MODAKKALUR P.O., KOZHIKODE DISTRICT, PIN 673315. BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH RESPONDENTS :
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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM-695 001.
2. THE SUPERINTENDENT OF POLICE KOZHIKODE 673 001.
3. THE CIRCLE INSPECTOR OF POLICE ATHOLI, KOZHIKODE.
4. THE STATION HOUSE OFFICER ATHOLI POLICE STATION, KOZHIKODE.
5. GEOLOGIST OFFICE OF THE DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, KOZHIKODE-673 001.
6. MR.SURESH, AGED 41 YEARS KUNJUNNI ADIYODI, RESIDING AT KAKKATTU HOUSE KUNNATHARA POST, PUTHENCHERY, KOILANDI (VIA) KOZHIKODE PIN 673 620.
7. MR.RAVI, AGED 52 YEARS S/O.KANARAN NAIR, KAVUNGAL MEETHAL HOUSE RESIDING AT KAVUNGAL MEETHAL HOUSE, KUNNATHARA POST PUTHENCHERY, KOILANDI (VIA), KOZHIKODE PIN 673620.
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8. MR.TADU, AGED 33 YEARS S/O.RAMAKRISHNAN, RESIDING AT KAKKATTUMEETHAL HOUSE KUNNATHARA POST, PUTHENCHERY, KOILANDI (VIA) KOZHIKODE PIN 673 620.
9. MR.BALAKRISHNAN, AGED 50 YEARS S/O.RAGHAVAN NAMBIAR, RESIDING AT ALAKRISHNAN KADAMBATH MEETHAL HOUSE, KUNNATHARA POST, PUTHENCHERY KOILANDI (VIA), KOZHIKODE, PIN 673 620.
R1 TO R5 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR R6 TO R9 BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-------------------------------- APPENDIX PETITIONERS' EXHIBITS :
----------------------------- EXHIBIT-P1: TRUE COPY OF THE LICENSE NO.24/2015-16/LTS/CRPS/DOZ/ M.1609/15 ISSUED DATED 26/08/2015.
EXHIBIT-P2: TRUE COPY OF THE COMPLAINT FILED BEFORE THE STATION HOUSE OFFICER KADAKKAL POLICE STATION DATED 05/09/2015 AND TRANSLATION.
RESPONDENTS' EXHIBITS :
------------------------------- EXT.R6(A) : TRUE COPY OF THE REPRESENTATION DATED 31.08.2015 ALONG WITH TRANSLATION.
EXT.R6(B) : TRUE COPY OF THE REPRESENTATION DATED 19.10.2015 ALONG WITH TRANSLATION.
EXT.R6(C) : ORIGINAL PHOTOGRAPHS.
//TRUE COPY// PA TO JUDGE
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27718 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of November, 2015
JUDGMENT
Shaffique, J.
The petitioner has approached this Court seeking police protection inter alia alleging that respondents 6 to 9 are causing obstruction in the matter relating to excavation of Laterite Building Stone as permitted under Ext.P1 permit.
2. According to the petitioner, he is a co-owner and in possession of 2 Acres 88 cents of property in Survey No.36/2 of Ulliyeri Village of Koilandi Taluk and quarrying is being done only with respect to an area of 7.717 Ares in the aforesaid property which has been permitted in terms of Ext.P1. According to the petitioner, respondents 6 to 9 have no right to obstruct the quarrying and for raising threats. They are creating obstruction and taking law into their own hands by preventing the petitioner from entering into the property. Thought complaint was given to the Police, no action has been taken in the matter. Hence this writ petition is filed.
WP(C) No. 27718 of 2015 -:2:-
3. Counter affidavit has been filed by respondents 6 to 9 stating some grievance with reference to the permit granted by the Geologist. It is stated that the area of 7.717 Ares which is forming part of a large extent of land has not been demarcated by the Geologist. That apart respondents submit that if the quarrying activities are done, it will affect the water source in the locality. Accordingly, they have given a representation to the Geologist which is pending consideration.
4. Having regard to the aforesaid factual situation it is clear that the petitioner has already obtained a permit for quarrying, it cannot be physically obstructed by respondents 6 to
9. If respondents 6 to 9 have any grievance regarding the grant of permit, it is always open for them to challenge the same in appropriate proceedings. On account of the apprehension expressed by the petitioner, we permit the petitioner to do the quarrying only after the site being identified and demarcated either by the Geologist or a representative of the Geologist. Even after such identification, if there is any obstruction, the 4th respondent shall ensure maintenance of law and order situation
WP(C) No. 27718 of 2015 -:3:- and to prevent respondents 6 to 9 or their men from obstructing the work of petitioner.
The Writ Petition is allowed as above.
Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/04/11