M/S. Mary Matha Granites vs District Police Chief
2021 Latest Caselaw 13547 Ker

          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. 28228 OF 2019
PETITIONER:

         M/S. MARY MATHA GRANITES,
         DHONI P.O., PALAKKAD-678009, REPRESENTED BY ITS
         MANAGING PARTNER, SRI.K.J.THOMASKUTTY.
         BY ADVS.
         BECHU KURIAN THOMAS (SR.)
         SRI.PAUL JACOB (P)
         SRI.ENOCH DAVID SIMON JOEL
         SRI.RONY JOSE
         SRI.GEORGE A.CHERIAN
         SRI.LEO LUKOSE
         SMT.SUZANNE KURIAN
         SHRI.AMAL AMIR ALI


RESPONDENTS:

    1    DISTRICT POLICE CHIEF
         PUDUPALLI THERUVU, NURANI, PALAKKAD-678001.
    2    CIRCLE INSPECTOR OF POLICE,
         HEMAMBIKA NAGAR POLICE STATION, PUTHUPPARIYARAM,
         PALAKKAD-678009.
    3    HEADLOAD GENERAL WORKERS UNION (CITU),
         DHONI UNIT, PALAKKAD-678009, REPRESENTED BY ITS
         SECRETARY, SRI.SALEEM.
    4    GOKULDAS P.A.,
         AMMU, PANNIKODE, NEAR K.P.R.P.SCHOOL, KONGAD,
         PALAKKAD-678631.
    5    JOSE MATHEW,
         VALIYAKUNNEL HOUSE, MELE DHONI, MAYAPURAM, DHONI
         POST, PALAKKAD-678009.
    6    MOHANAN,
         HEAD LOAD AND GENERAL WORKERS UNION (CITU), CITU
         AKATHETHARA SECRETARY, PAITAMKUNNU UNIT, DHONI
         POST, PALAKKAD-678009.
 W.P.(C).No.28228/2019

                                 2


    7     SALIM,
          HEAD LOAD AND GENERAL WORKERS UNION (CITU), CITU
          UNIT SECRETARY, PAITAMKUNNU UNIT, DHONI POST,
          PALAKKAD-678009.
    8     ACHUTHAN,
          MEMBER, HEAD LOAD AND GENERAL WORKERS UNION
          (CITU), PAITAMKUNNU UNIT, DHONI POST, PALAKKAD-
          678009.
          BY ADVS.
          SRI.K.S.ARUN KUMAR
          SRI.JUSTINE JACOB


          R1 & R2 BY SRI.N.B.SUNIL NATH, GP
          R4 TO R8 BY ADV.K.S.ARUNKUMAR


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.28228/2019

                                         3


                          P.V.KUNHIKRISHNAN, J.
                            -------------------------------
                          W.P.(C).No.28228 of 2019
                    ----------------------------------------------
                   Dated this the 01st day of July, 2021


                                  JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or other appropriate writ, order or direction, directing Respondents 1 & 2 to afford adequate and effective police protection for the life of the staff and workers of the Petitioner and for the peaceful conduct of Petitioner's quarry and crusher unit without any obstruction or interference from Respondents 3 to 8 or anybody acting under them.

ii. Issue such other appropriate writ order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.

2. When this writ petition came up for consideration

before this Court on 24.10.2019, this Court passed the following

order:

"Admit.

Government Pleader takes notice for respondents 1 and

2. Issue notice by special messenger to respondents 3 to 8.

W.P.(C).No.28228/2019

Pending disposal of the writ petition, the second respondent shall ensure that the ingress and egress to the premises of the petitioner shall not be obstructed by respondents 3 to 8."

3. Today, when this writ petition came up for

consideration, the counsel for the petitioner submitted that the

interim order may be retained and the writ petition may be

disposed. The contesting respondents submitted that there is no

law and order problem now and the contentions of the contesting

respondents about the validity of the permit and licence may be

left open if this Court is disposing the writ petition. The

Government Pleader submitted that if the permit and licence

issued to the petitioner is extended, 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

can submit a representation before the Station

House Officer concerned along with permit,

licence, etc. from all statutory authorities for

conducting the quarry and crusher unit.

W.P.(C).No.28228/2019

2. If such a representation is received by the Station

House Officer along with the relevant documents,

the Station House Officer will do the needful,

affording police protection, in accordance to law.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.28228/2019

APPENDIX OF WP(C) 28228/2019

PETITIONER ANNEXURE EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE DATED 11.08.2010 VALID TILL 10.08.2022. EXHIBIT P1(A) TRUE COPY OF THE DEED OF TRANSFER OF QUARRYING LEASE DATED 23.01.2017. EXHIBIT P2 A TRUE COPY OF THE CONSENT TO OPERATE DATED 25.05.2018 VALID TILL 31.07.2022 ISSUED BY THE POLLUTION CONTROL BOARD FOR OPERATING THE QUARRY.

EXHIBIT P2(A) A TRUE COPY OF THE CONSENT TO OPERATE DATED 23.01.2017 VALID TILL 31.12.2019 ISSUED FOR OPERATING THE CRUSHER. EXHIBIT P2(B) TRUE COPY OF THE PANCHAYAT LICENSE DATED 05.04.2019 VALID TILL 31.03.2020 FOR THE QUARRY.

EXHIBIT P2(C) TRUE COPY OF THE PANCHAYAT LICENSE DATED 05.04.2019 VALID TILL 31.03.2020 FOR THE CRUSHER UNIT.

EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 15.03.2019 VALID TILL 31.03.2020 ISSUED TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 07.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT SEEKING POLICE PROTECTION.

EXHIBIT P4(A) TRUE COPY OF ACKNOWLEDGMENT RECEIPT ISSUED BY THE 2ND RESPONDENT.