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High Court of KeralaWP(C)/34969/2015disposed of

Suresh Kumar v. District Police Chief

2015-12-02Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

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 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 WP(C).No. 34969 of 2015 (U) ---------------------------- PETITIONER :

------------------ SURESH KUMAR, AGED 41 YEARS, S/O. MADHAVAN PILLAI, RENTNALAYAM, PUTHENCHIRA P.O. VALLIKKUNNAM VILLAGE, MAVELIKKARA.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENTS :

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

1. DISTRICT POLICE CHIEF DISTRICT POLICE CHIEF OFFICE, ALAPPUZHA-688 001.

2. THE INSPECTOR OF POLICE CIRCLE OFFICE, MAVELIKKARA, ALAPPUZHA-688 001.

3. THE SUB INSPECTOR OF POLICE NOORANADU POLICE STATION, NOORANADU, ALAPPUZHA 688001

4. HARIKUMAR, AGED 44 YEARS, S/O.GOPI, SUNIBHAVANAM, VEDARAPLAVU THAMARAKULAM VILLAGE, PIN-690 530.

5. SATHEESH, AGED 38 YEARS, S/O.BHAKSRAN, SOUPARNIKA, VEDARAPLAVU THAMARKULAM, PIN-690 530.

6. BABU, AGED 45 YEARS S/O.SREEDHRAN, THAZHATHI, VEDARAPLAVU THAMARAKULAM, PIN-690 530.

R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 34969 of 2015 (U) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

THE TRUE COPY OF THE CLEARANCE CERTIFICATE ISSUED BY THE ENVIRONMENTAL AUTHORITIES.

EXT.P2:

THE TRUE COPY OF THE PERMIT ISSUED BY THE GEOLOGIST. EXT.P3:

THE TRUE COPY OF THE COMPLAINT BEFORE THE 3RD RESPONDENT WITH TRANSLATION RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. O JUDGE bp

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

------------------------------------- W.P.(C)No.34969 of 2015 ---------------------------------- Dated this the 2nd day of December, 2015.

J U D G M E N T

SHAFFIQUE, J.

The petitioner has approached this Court seeking police protection alleging that respondents 4 to 6 are obstructing the petitioner from carrying on the extraction of laterite stone as permitted by the Geologist in terms of Ext.P2 permit dated 13.11.2015. The petitioner has already obtained necessary environment clearance in terms of the order dated 12.11.2015 for removal of 3000 m3 of laterite stone and the validity of the permit is upto 19.4.2016 in terms of Ext.P2.

2. Though notice was served on respondents 4 to 6, there is no appearance on their behalf.

3. The learned Government Pleader would submit that if there is any physical obstruction being reported in the matter relating to the removal of extraction of laterite stone

W.P.(C)No.34969 of 2015 in terms of the permit, the police will look into the matter and do the needful.

4. Having regard to the aforesaid factual situation, this writ petition is disposed of as under :

The 3rd respondent shall ensure maintenance of law and order situation in the matter relating to extraction of laterite stone by the petitioner in the property covered by Exts.P1 and P2 and shall also ensure that no obstruction is created by respondents 4 to 6 or their men.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

ami/ //True copy// P.A. to Judge