K.V.Muhammed Ali vs The Superintendent Of Police
2021 Latest Caselaw 14777 Ker

WP(C) NO. 26159 OF 2019            1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                          WP(C) NO. 26159 OF 2019
PETITIONER/S:

               K.V.MUHAMMED ALI,
               AGED 60 YEARS
               S/O.KOMU,KOOMBRA KANNALATHVALAPPIL,
               KAKKITTIR,MALA(PO),PALAKKAD DISTRICT.

               BY ADVS.
               K.MOHANAKANNAN
               SMT.A.R.PRAVITHA


RESPONDENT/S:

      1        THE SUPERINTENDENT OF POLICE,
               PALAKKAD-678010.

      2        SUB INSPECTOR OF POLICE,
               THRITHALA POLICE STATION,PALAKKAD DISTRICT-679534.

      3        K.V.ABDULLA,
               S/O.KUJNUMOITHU,KOOMBRA KANNALATH VALAPPIL
               HOUSE,MALA KAKKATTIRI.P.O,
               PALAKKAD DIST-678534.

      4        K.V.UMMER,
               S/O.KUJNUMOITHU,KOOMBRA KANNALATH VALAPPIL
               HOUSE,MALA KAKKATTIRI.P.O,
               PALAKKAD DIST-678534.

      5        K.P.MOHANAN,
               S/O.KUTTAN,KURUPPATH
               VEETTIL,PATTITHARA.P.O,PALAKKAD-679534.

      6        ADDL.R6. THE DISTRICT COLLECTOR,
               DISTRICT COLLECTORATE, CIVIL STATION, PALAKKAD - 678
               001.
 WP(C) NO. 26159 OF 2019                 2


      7        ADDL.R7. THE ENVIRONMENTAL ENGINEER,
               KERALA STATE POLLUTION CONTROL BOARD, NEAR DISTRICT
               PANCHAYATH OFFICE, PALAKKAD DISTRICT - 678 001.

      8        ADDL.R8. THE GEOLOGIST,
               DISTRICT OFFICE OF THE DEPARTMENT OF MINING AND
               GEOLOGY, PALAKKAD DISTRICT - 678 014.

               ADDL.R6 TO ADDL.R8 ARE IMPLEADED AS PER ORDER DATED
               4/10/19 IN I.A.1/19 IN WP(C)26159/19.

      9        ADDL.R9.THE STATE ENVIRONMENTAL IMPACT -
               ASSESSMENT AUTHORITY, KSRTC BUS - TERMINAL COMPLEX,
               4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM - 695 001

               ADDL.R9 IS SUO MOTU IMPLEADED AS PER ORDER DATED
               4/10/19 IN WP(C)26159/2019.

               BY ADV SRI.P.K.MOHANAN(PALAKKAD)

               SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.07.2021,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 26159 OF 2019              3




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No.26159 of 2019
                     --------------------------------------
                 Dated this the 15th day of July, 2021


                                 JUDGMENT

The above writ petition is filed with the following prayers :

i) "To issue a writ of mandamus or any other appropriate writ or order or direction directing respondents 1 & 2 to afford adequate and effective police protection for conducting the quarrying operations and for transporting materials in terms of Exts.P1 to P6 permits and to avert the threat caused by the respondents 3 to 5 and their henchmen;

ii) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case."

2. The petitioner is in possession and enjoyment of

67.71 ares of land in survey No.1971/1 of Pattithara Village,

Pattambi Taluk in Palakkad District. According to the

petitioner, he is having all statutory permits and licences from

all authorities for conducting a quarry. The writ petition is filed

when there was threat from the side of respondent Nos. 3 to 5

for conducting quarrying activities. When this writ petition

came up for consideration on 17.10.2019, this Court passed the

following order :

"The learned counsel for respondents 3 and 5 seeks time to file a counter affidavit in the matter. Post after two weeks. Pending disposal of the writ petition, the second respondent shall extend necessary police protection to the petitioner for the quarrying activities referred to in the writ petition, provided the petitioner has all the requisite licences and permissions for the same."

3. Thereafter, the matter again came up for

consideration on 12.2.2020 and this Court again passed the

following order:

"The petitioner submits that he had cured the defects pointed out by the Geologist. If that be so, the Geologist shall verify and shall issue a certificate to that effect, if the petitioner had complied with all the requisite formalities under the environmental clearance. If such a certificate is issued, police shall accord necessary protection to the petitioner to operate the quarry."

4. Today, when the matter came up for consideration,

the counsel for the petitioner submitted that the Geologists

granted permission to the petitioner for conducting the quarry

and the same is now expired on 21.6.2021. An application is

filed for renewal. The counsel also submitted that necessary

applications for renewing the licence and other permits are

submitted before other authorities also. The counsel submitted

that the petitioner will continue the quarrying work only after

getting the licence and permits from the statutory authority, in

accordance to law. The counsel submitted that once the

permits, licence and other consents are received from the

statutory authorities, there may be a direction to afford police

protection to the petitioner for conducting the quarry.

5. The counsel, who appeared for the contesting

respondents submitted that the petitioner may not be allowed

to do the quarrying work, without getting licence and permits

from the statutory authorities. The counsel also submitted that

if the statutory authorities issued consent/permit, he may be

allowed to challenge the same, if necessary.

6. The Government Pleader submitted that, if the

petitioner is having sufficient permit, licence etc. from all

statutory authorities for conducting the quarry, sufficient

protection will be given by the police.

7. Admittedly, there is no permit/licence to the

petitioner for conducting the quarry as on today. If the

petitioner obtained a renewal of the licence/permit etc. which

is already granted, the petitioner is free to approach the

Station House Officer concerned with a representation for

police protection. If such a representation is received, there

can be a direction to the police officer to afford protection for

conducting the quarrying activities, in accordance to the

licence/permit issued by the statutory authorities. Therefore,

this writ petition is disposed, in the following manner :

1) The petitioner is free to approach the Station House Officer

concerned with an application to carry out the quarrying activities,

based on a renewed licence/permits etc. from all statutory

authorities.

2) If such a representation with the renewed licence/permits etc. are

received by the Station House Officer, the Station House Officer

will afford adequate police protection to conduct the quarrying

activities, whenever necessary, subject to the condition that the

quarrying activities are done, in accordance to the licence/permits.

3) The contesting respondents are free to challenge the same, if they

are aggrieved by the licence/permits, if any issued by the statutory

authorities.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 26159/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY PALAKKAD,DATED 8.6.2018

EXHIBIT P2 TRUE COPY OF THE CONSENT OF POLLUTION CONTROL BOARD DT.18.06.2018

EXHIBIT P3 TRUE COPY OF THE D&O LICENSE FROM PATTITHARA GRAMA PANCHAYAT ON 11.4.2019 AND ITS IS VALID UPTO 31.3.2020

EXHIBIT P4 TRUE COPY OF THE MINING PERMIT ISSUED BY THE MINING AND GEOLOGY DEPARTMENT DATED 6.5.2019

EXHIBIT P5 TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED BY THE EXPLOSIVES DEPARTMENT, GOVERNMENT OF INDIA DT.5.4.2019 IS VALID UPTO 31.03.2024.

EXHIBIT P6 TRUE COPY OF THE SHORT FIRES CERTIFICATE UNDER THE EXPLOSIVES RULES 2008,ISUSED BY THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES ON 27.9.2018

EXHIBIT P7 TRUE COPY OF THE COMPLAINT DT.15.9.2019 WITH RECEIPT DT.16.9.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT R5(a) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(c) NO.24376/2016 DATED 08.09.2016.