IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
WP(C) NO. 17726 OF 2021
PETITIONER:
M/S G.M GRANITES
PARAKKAL HOUSE, MANJAPRA P.O., ERNAKULAM,
REPRESENTED BY ITS MANAGING PARTNER
BY ADVS.
PHILIP J.VETTICKATTU
SAJITHA GEORGE
MARTIN JOSE P
P.PRIJITH(K/233/2005)
THOMAS P.KURUVILLA(K/420-B/2005)
R.GITHESH(K/630/2002)
AJAY BEN JOSE(K/729/2012)
MANJUNATH MENON(K/000474/2015)
SACHIN JACOB AMBAT(K/734/2016)
ANNA LINDA V.J(K/1201/2020)
HARIKRISHNAN S.(K/497/2019)
S.SREEKUMAR (SR.)(S-571)
RESPONDENTS:
1 THE STATION HOUSE OFFICER, AYYAMPUZHA POLICE STATION
AYYAMPUZHA POLICE STATION, AYYAMPUZHA, MANJAPRA-683 581
2 THE CIRCLE INSPECTOR OF POLICE,
AYYAMPUZHA POLICE STATION, AYYAMPUZHA, MANJAPRA-683 581
3 PAUL,
S/O. NALIYAN PAPPU, AYYAMPUZHA, ERNAKULAM RURAL,
PIN-683 581
4 BIJU,
S/O. SANKARAN, PERUMATTAM HOUSE, AYYAMPUZHA,
ERNAKULAM RURAL,PIN-683 581
5 SHAJU
S/O. CHAKKUNNY, THOTTUNGA HOUSE, AYYAMPUZHA,
ERNAKULAM RURAL, PIN-683 581
WP(C) NO. 17726 OF 2021
2
6 SHIJO
S/O. ANTONY, EDAPPULAVAN HOUSE, KANAKKANAMPARA,
AYYAMPUZHA, ERNAKULAM RURAL, PIN-683 581
7 BIJU
THOTTANKARA HOUSE, AMALAPURAM, AYYAMPUZHA,
ERNAKULAM RURAL, PIN-683 581
8 CITU AMALAPURAM UNIT,
AYYAMPUZHA-683 581, REPRESENTED BY ITS CONVENER
9 B.M.S AYYAMPUZHA UNIT,
AYYAMPUZHA-683 581, REPRESENTED BY ITS CONVENER
10 INTUC AYYAMPUZHA UNIT,
AYYAMPUZHA-683 581, REPRESENTED BY ITS CONVENER
11 ADDL.R11. THE DISTRICT COLLECTOR,
ERNAKULAM
IS SUO MOTU IMPLEADED AS PER ORDER DATED 08.09.2021 IN
WPC
*ADDL. JOHNSON.P.K
R12 AGED 55 YEARS,
S/O KURIAKOSE, RESIDING AT PUTHUSSERY HOUSE,
AMALAPURAM, AYYAMPUZHA P.O, PIN-683 581
ERNAKULAM DISTRICT.
*ADDL.R12 IS IMPLEADED AS PER ORDER DATED 31.08.2022 IN
I.A.NO.3 OF 2021
BY ADVS.
K.C.VINCENT
P.K.MUHAMMED
SMT.DEEPA.V-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17726 OF 2021
3
T.R. RAVI, J.
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W.P.(C) No.17726 of 2021
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Dated this the 31st day of August, 2022
JUDGMENT
The petitioner who is holding a quarrying lease had sought for police protection against the obstruction caused by the respondents 3 to 10. Since admittedly the quarry is not functioning now there is no requirement for any direction for police protection at this stage.
The writ petition is hence closed without prejudice to the right of the petitioner to approach this court again if warranted.
Sd/-
T.R.RAVI JUDGE mpm WP(C) NO. 17726 OF 2021 4 APPENDIX OF WP(C) 17726/2021 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT PAGES OF QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 04.05.2018, VALID UPTO 3-5-2029.
Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE DATED 29.11.2017 ISSUED TO THE PETITIONER, VALID UPTO 28.11.2022.
Exhibit P3 TRUE COPY OF LICENSE ISSUED BY THE AYYAMPUZHA GRAMA PANCHAYAT DATED 30.4.2020 VALID UPTO 31.3.2022.
Exhibit P4 TRUE COPY OF THE MOVEMENT PERMIT ISSUED BY THE COMPETENT AUTHORITY DATED 13.4.2021.
Exhibit P5 TRUE COPY OF RELEVANT PAGES OF FIR REGISTERED BY THE AYYAMPUZHA POLICE STATION DATED 23.4.2021.
Exhibit P6 PHOTOGRAPHS SHOWING THE SHED AND FLAGS OF THE RESPONDENTS 3 TO 10 ERECTED IN FRONT OF THE QUARRY.
Exhibit P7 TRUE COPY OF COMPLAINT DATED 4.5.2021 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 AND 2 AND RECEIPT.
Exhibit P8 TRUE COPY OF COMPLAINT DATED 26.8.2021 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 AND 2 AND RECEIPT.
Exhibit P9 TRUE COPY OF CERTIFICATE ISSUED BY THE VILLAGE OFFICER, AYYAMPUZHA DATED 3.3.2018.
WP(C) NO. 17726 OF 2021 5 Exhibit P10 TRUE COPY OF THE PRINT OUT OBTAINED FROM THE OFFICIAL SOFTWARE OF THE MINING & GEOLOGY DEPARTMENT i.e.KOMPAS SHOWING THE GENERATION OF PASSES FOR TRANSPORTATION OF MATERIALS.
Exhibit P11 TRUE COPY OF THE REPORT SUBMITTED BY THE TALUK SURVEYOR DATED 23/9/2021 WITH RESPECT TO THE PROPERTY OF THE PETITIONER OBTAINED UNDER THE PROVISIONS OF RTI ACT.
RESPONDENTS' EXHIBITS Exhibit R3(A) A TRUE COPY OF THE LETTER DATED 20.07.2021 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM.
Exhibit R3(B) A TRUE COPY OF THE PARTITION DEED NO. 1871 OF 1972 OBTAINED UNDER RTI ACT.