Kerala High Court
M/S. Friends Crusher vs Aju on 1 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
WP(C) NO. 29228 OF 2019
PETITIONER:
M/S. FRIENDS CRUSHER
KVVII/394-A, VALILLAPUZHA P.O., AREACODE (VIA),
MALAPPURAM, REPRESENTED BY ITS MANAGING PARTNER,
MUHAMMED K.K., S/O. VALIYA ASSAIN, AGED 50 YEARS
BY ADVS.
P.M.ZIRAJ
SMT.PHILIA KOSHY
RESPONDENTS:
1 AJU
AGED 40 YEARS
S/O. ABOOBACKER, KOLAKKADAN HOUSE,
KUNIYIL, KEEZHUPARAMBA P.O.,
ERANAD TALUK, MALAPPURAM DISTRICT - 673 602
2 FAISEER
AGED 40 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
ULLADAN HOUSE, KEEZHUPARAMBA P.O.,
ERANAD TALUK, MALAPPURAM DISTRICT - 673 602
3 THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
MALAPPURAM DISTRICT - 676 504
4 THE DISTRICT COLLECTOR
MALAPPURAM DISTRICT - 676 504
5 INSPECTOR OF POLICE
AREEKODE, POLICE STATION,
MALAPPURAM DISTRICT - 673 639
6 DISTRICT POLICE CHIEF
MALAPPURAM, MALAPPURAM DISTRICT - 676 504
WP(C) NO. 29228 OF 2019
2
7 KERALA STATE POLLUTION CONTROL BOARD
MALAPPURAM DISTRICT - 676 311,
REPRESENTED BY THE ENVIRONMENTAL ENGINEER
SRI. N. B SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 29228 OF 2019
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No.29228 OF 2019
===================
Dated this the 1st day of July 2021
JUDGMENT
The above writ petition is filed with following
prayers;
"A. Issue a writ of mandamus or other
appropriate writ order or direction directing the
respondents 5 and 6 to afford proper and adequate police
protection to the property of petitioner and life of its
partners, employees, vehicles, machineries and
equipments from the threat of the respondents 1 and 2
and their henchmen.
B. Direct the respondents 5 and 6 to take
proper and adequate preventive action against
respondents 1 and 2 and their henchmen, followers and
hired goondas from causing any untoward incident
against the partners of petitioner, its employees, vehicles,
machineries and equipments.
C. Such other writ, direction or order, which
deems fit and proper in the interest of justice and the
circumstances of the case."
2. When this writ petition came up for consideration,
this Court issued notice to respondents 1 and 2 by special
WP(C) NO. 29228 OF 2019
messenger. There is no appearance for respondents 1 and 2.
Therefore, on 05.11.2019 this Court passed an interim order
infavour of the petitioner as prayed for by directing the 5 th and
6th respondents to afford proper and adequate police
protection to the property of the petitioner and life of its
partners, employees, vehicles, machineries and equipments
from the threat of respondents 1 and 2 and their henchmen.
3. Today also when this writ petition came up for
consideration, there is no representation for respondents 1
and 2. The learned counsel for the petitioner submitted that,
interim order may be retained and the writ petition may be
disposed.
4. The learned Government Pleader submitted that,
there is a chance for law and order problem and the police will
do the needful in accordance to law. In the light of the above
submissions, this writ petition is disposed retaining the
interim order with following further directions.
1) If there is any law and order issue the petitioner is
WP(C) NO. 29228 OF 2019
free to approach the Station House Officer concerned.
2) If such a representation is received from the
petitioner, the Station House Officer concerned will do the
needful in accordance to law.
3) Petitioner should produce all the existing permits
and licenses to function the unit along with the
representation.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 29228 OF 2019
APPENDIX OF WP(C) 29228/2019
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF QUARRYING LEASE OF
PETITIONER DATED 5.2.2018
EXHIBIT P2 TRUE COPY OF ENVIRONMENTAL CLEARANCE N.
100/2017 ISSUED BY THE KERALA
ENVIRONMENTAL IMPACT ASSESSMENT
AUTHORITY, KERALA
EXHIBIT P3 TRUE COPY OF THE CONSENT TO OPERATE DATED
10.1.2018 ISSUED BY THE 7TH RESPONDENT
EXHIBIT P4 TRUE COPY OF THE INTEGRATED CONSENT TO
OPERATE-RENEWAL DATED 18.4.2018 ISSUED BY
THE 7TH RESPONDENT
EXHIBIT P5 TRUE COPY OF THE EXPLOSIVE LICENCE DATED
15.2.2018 ISSUED BY THE DEPUTY CHIEF
CONTROLLER OF EXPLOSIVES
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES
EXHIBIT P7 TRUE COPY OF THE D&O LICENSE ISSUED BY
THE KEEZHUPARAMBA GRAMA PANCHAYATH DATED
26.3.2019 TO THE PETITIONER TO OPERATE
QUARRY
EXHIBIT P8 TRUE COPY OF D&O LICENSE DATED 26.3.2019
ISSUED BY THE KEEZHUPARAMBA GRAMA
PANCHAYATH TO THE PETITIONER TO
MANUFACTURE, STOCK AND SALE OF MSAND
EXHIBIT P9 TRUE COPY OF D&O LICENSE DATED 26.3.2019
ISSUED BY KEEZHUPARAMBA GRAMA PANCHAYATH
TO THE PETITIONER TO OPERATE METAL
CRUSHER UNIT
WP(C) NO. 29228 OF 2019
EXHIBIT P10 TRUE COPY OF THE NO OBJECTION CERTIFICATE
DATED 20.12.2017 ISSUED BY THE ASSISTANT
DIVISIONAL OFFICER, FIRE AND RESCUE
SERVICES, MALAPPURAM
EXHIBIT P11 TRUE COPY OF THE RELEVANT PAGES OF MINING
PLAN ISSUED TO THE QUARRY OF PETITIONER
EXHIBIT P12 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE DEPARTMENT OF MINING AND GEOLOGY,
THIRUVANANTHAPURAM TO THE PETITIONER BY
REGISTERING HIS METAL CRUSHER UNIT UNDER
REGISTERED METAL CRUSHER UNIT SCHEME OF
GOVERNMENT
EXHIBIT P13 TRUE COPY OF THE MOVEMENT PERMIT DATED
1.10.2019 ISSUED BY THE THIRD RESPONDENT
EXHIBIT P14 TRUE COPY OF THE COMPLAINT DATED
10.10.2019 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT
// True Copy //
PA to Judge
