Anandavalli Amma vs The Circle Inspector Of Police
2021 Latest Caselaw 3299 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                       WP(C).No.29133 OF 2020(N)


PETITIONER/S:

                ANANDAVALLI AMMA,
                AGED 82 YEARS,
                W/O.V.G.BHASKARAN NAIR,PUTHUVATH HOUSE,
                KAROOR PAZHOOR P.O.,
                ERNAKULAM-686664.

                BY ADVS.
                       SMT.CHITRA JOHNSON
                       SRI.V.V.NANDAGOPAL NAMBIAR
                       SRI.JOHNSON VARGHESE

RESPONDENT/S:

      1         THE CIRCLE INSPECTOR OF POLICE
                PIRAVOM POLICE STATION,ERNAKULAM DISTRICT-686664.

      2         THE SUB INSPECTOR OF POLICE,
                PIRAVOM POLICE STATION,ERNAKULAM DISTRICT-686664.

      3         THE GEOLOGIST,
                DEPARTMENT OF MINING AND GEOLOGY,
                ERNAKULAM-682020.

      4         SUDHAKARAN,
                S/O BHARGAVIAMMA,BHARGHAVINILAYAM,
                KAROOR,PAZHOOR P.O., ERNAKULAM-686664.

      5         DAYANANDAN,
                S/O BHARGAVIAMMA, BHARGHAVINILAYAM,
                KAROOR,PAZHOOR.P.O, ERNAKULAM-686664.



                SRI. P.P. THAJUDEEN, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29133 OF 2020(N)              2




                               JUDGMENT

The petitioner herein is an octogenarian. She states that she

applied for and obtained a permit under the provisions of the Kerala

Micro Small Medium Enterprises Facilitation Act, 2019 for manufacturing

Packaged Drinking Water. On the strength of the permit so obtained, she

approached the Maneed Grama Panchayath and Ext.P1 site approval and

building permit was issued for the purpose of constructing a building

having an area of about 268.36 sq. mt. For the purpose of commencing

the construction, some amount of ordinary earth had to be removed.

She approached the Department of Mining and Geology and Ext.P2

order was issued permitting her to remove about 4918 Metric Tonnes of

ordinary earth during the period from 22.12.2020 to 29.12.2020. The

petitioner states that she met with the resistance from the party

respondents when she attempted to remove the earth in terms of the

permit. In the said circumstances, she approached the police and lodged

Ext.P3 complaint. However, no action was taken. According to the

petitioner, the party respondents have no authority in interfering with the

construction activity carried out by the petitioner after obtaining all

permits and licences from the statutory authority. It is in the afore

circumstances that the petitioner has approached this Court seeking

directions to the respondent Nos.1 and 2 to provide adequate and

effective protection to remove the ordinary earth on the strength of

Exts.P1 and P2.

2. Notice was issued to the party respondents and the same was

served. However, there is no appearance.

3. I have heard Sri. Chitra Johnson, the learned counsel appearing

for the petitioner and Sri. P.P.Thajudeen, the learned Government

Pleader.

4. I find from the records that the petitioner has been granted a

permit by the local authority and she has also secured orders from the

Geologist for removal of earth to facilitate the construction activities.

Since the period granted in Ext.P2 has expired, the petitioner submitted a

fresh request, on the strength of which, Ext.P6 order has been issued on

25.1.2021. As per the said order, the petitioner has been permitted to

remove earth during the period from 28.1.2021 to 8.2.2021. In that

view of the matter, the party respondents will not be justified in taking

law into their own hands and obstructing the construction activities which

are being carried out in a legal manner. If any obstruction is caused, the

respondents 1 and 2 shall render all assistance.

Resultantly, this writ petition is disposed of directing the

respondents 1 and 2 to afford adequate protection to the petitioner to

remove the earth from the property covered under Ext.P1 permit strictly

adhering to Ext.P6 order passed by the Geologist from any obstructions

or hindrance caused by the party respondents.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE

NS

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT ISSUED TO THE PETITIONER BY THE PANCHAYATH.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.219/20-21/ DOE/1623/E2/2020 DATED 18.12.2020 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 21.12.2020.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 23.12.2020 TO ERNAKULAM DISTRICT, ADDITIONAL MAGISTRATE/DEPUTY COLLECTOR(GENERAL).

EXHIBIT P5 TRUE COPY OF THE REQUEST TO THE 3RD RESPONDENT DATED 23.12.2020.

EXHIBIT P6 TRUE COPY OF ORDER NO.288/20-21/ DOE/1623/E2/2020 DATED 25/1/2021.

PETITIONER'S/S EXHIBITS : NIL

/TRUE COPY/

P.A. TO JUDGE