M/S.Jas Granites Agrregates Pvt. ... vs The Superintendent Of Police
2021 Latest Caselaw 15121 Ker

WP(C) NO. 26372 OF 2019            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      TUESDAY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943
                          WP(C) NO. 26372 OF 2019
PETITIONER/S:

               M/S.JAS GRANITES AGRREGATES PVT. LTD.
               REPRESENTED BY ITS MANAGING DIRECTOR MR.ANTONY
               S.ALUKKAL, MADAKAMPOIL, PERINGOME.P.O., THALIPARAMBA
               TALUK, (RENAMED AS PAYYANNUR TALUK), KANNUR
               DISTRICT-670354.

               BY ADVS.
               ELVIN PETER P.J.
               SRI.K.R.GANESH
               SMT.N.R.REESHA
               SMT.T.S.LIKHITHA



RESPONDENT/S:

      1        THE SUPERINTENDENT OF POLICE,
               KANNUR DISTRICT, KANNUR-670002.

      2        THE CIRCLE INSPECTOR OF POLICE,
               PAYYANNUR POLICE STATION, PAYYANNUR, KANNUR-670307.

      3        THE SUB INSPECTOR OF POLICE,
               PERINGOME POLICE STATION, PERINGOME.P.O., KANNUR-
               670353.

      4        MUNEER.M.,
               S/O.HAMZA.M.P., PEDENA, NHEKLY(PO), PAYYANNUR,
               KANNUR DISTRICT, PIN-670353.

      5        MUKESH.M.,
               MANIYADAN HOUSE, SADHAM NAGAR, PEDENA, NHEKLY(PO),
               PAYYANNUR, KANNUR DISTRICT, PIN-670353.

      6        ANTHRUMAN.V.V.,
               S/O.IBRAHIM, PAMPADY HOUSE, SADHAM NAGAR, PEDENA,
 WP(C) NO. 26372 OF 2019           2


               NHEKLY(PO), PAYYANNUR, KANNUR DISTRICT, PIN-670353.

               R6 STRUCK OFF FROM PARTY ARRAY AS PER ORDER DATED
               11/10/2019 IN WP(C)26372/19.

      7        RASHEED.P.C.,
               S/O.UMMER, KUPPUVAN HOUSE, PEDENA, NHEKLY(PO),
               PAYYANNUR, KANNUR DISTRICT, PIN-670353.

      8        AYUB.E.,
               KUPPUVAN HOUSE, PEDENA, NHEKLY(PO), PAYYANNUR,
               KANNUR DISTRICT, PIN-670353.

      9        SHAJHAN,
               SON-IN-LAW OF RUKIYA, KOMMACHI HOUSE, C.H.ROAD,
               PEDENA, NHEKLY(PO), PAYYANNUR, KANNUR DISTRICT, PIN-
               670353.

      10       SUBAIR,
               S/O.SARU, KATTIKUNNU HOUSE, PEDENA, NHEKLY(PO),
               PAYYANNUR, KANNUR DISTRICT, PIN-670353.

      11       AYUB.A.,
               S/O.MOOSAN, ANNACHY HOUSE, C.H.ROAD, PEDENA,
               NHEKLY(PO), PAYYANNUR, KANNUR DISTRICT, PIN-670353.

      12       BADUSHA,
               S/O.ABOOBACKER, PANCHARA HOUSE, PEDENA, NHEKLY(PO),
               PAYYANNUR, KANNUR DISTRICT, PIN-670353.

      13       HASSAN,
               S/O.HAMZA, PONNUKKARAN HOUSE, PEDENA, NHEKLY(PO),
               PAYYANNUR, KANNUR DISTRICT, PIN-670353.

               BY ADV SRI.MAHESH V RAMAKRISHNAN



OTHER PRESENT:

               SRI.N.B.SUNIL NATH, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26372 OF 2019               3




                         P.V.KUNHIKRISHNAN, J
                   --------------------------------------------
                       W.P.(C.) No.26372 of 2019
                      --------------------------------------
                  Dated this the 20th 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, order or direction directing respondents 1, 2 and 3 to provide adequate and effective police protection to the petitioner for carrying out its quarrying business and Crusher Unit at the place of business at Madakampoil, Peringome P.O., Kannur by removing the illegal obstruction caused by respondents 4 to 13 and others; and also from obstructing free vehicle movements to and from the business place of the petitioner;

(ii) To issue a writ of Mandamus or any other appropriate writ, order or direction directing respondents 1 to 3 to ensure free vehicle movement from the business place of the petitioner and vice versa from the illegal obstruction caused by respondents 4 to 13 and other persons;

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

2. When this writ petition came up for consideration on

11.10.2019, this Court passed the following order :

"IA No.2 of 2019 Standing Counsel takes notice for the fourteenth respondent sought to be impleaded. Government Pleader takes notice for the fifteenth respondent sought to be impleaded. Issue notice by speed post to the sixteenth respondent. W.P.(C.)

The learned counsel for respondents 4, 5 and 7 to 13 seeks time for filing counter affidavit.

Heard the learned counsel for the petitioner, the learned Government Pleader, the learned Standing Counsel for the State Environmental Impact Assessment Authority as also the learned counsel for respondents 4, 5 and 7 to 13.

As prayed for by the learned counsel for the petitioner, the sixth respondent is struck off from the array of parties in the writ petition.

It is seen prima facie that the petitioner has all the requisite licences and permissions for conducting the quarrying and crushing operations referred to in the writ petition. In the circumstances, there will be an interim order as prayed for. It is however made clear that this interim order will not preclude the District Collector from taking appropriate action against unauthorized quarrying and crushing operations in the area.

Hand over."

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

the Government Pleader submitted that some of the permits

issued to the petitioner are already expired. The counsel for the

petitioner submitted that the petitioner is having all permits

and licenses from all authorities for conducting the quarry and

metal crusher unit. In the light of the above submission, the

interim order can be retained and the petitioner can be

directed to approach the Police Officer concerned, if there is

any law and order problem. The petitioner should produce all

the renewed licenses, permits before the Station House Officer

at that time. Therefore, this writ petition is disposed, retaining

the order dated 11.10.2019 and with the following further

direction.

1) If there is any law and order issue, the petitioner is free to

approach the Station House Officer concerned with a

representation.

2) If such a representation, along with all permits and

licenses from all statutory authorities for conducting the quarry

and metal crusher unit is received, the Station House Officer

concerned will do the needful to give sufficient protection, in the

light of the order dated 11.10.2019.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 26372/2019

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE NO.10/2018 DATED 2.2.2018 ISSUED BY THE STATE ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY.

EXHIBIT P2 TRUE COPY OF THE LICENSE DATED 1.4.2019 ISSUED BY THE PERINGOME VAYAKKARA GRAMA PANCHAYATH.

EXHIBIT P3 TRUE COPY OF THE LICENSE DATED 1.3.2018 ISSUED BY THE MINING AND GEOLOGY DEPARTMENT.

EXHIBIT P4 TRUE COPY OF THE CONSENT CERTIFICATE DATED 6.2.2018 ISSUED BY THE POLLUTION CONTROL BOARD.

EXHIBIT P5 TRUE COPY OF THE LICENSE DATED 24.12.2018 ISSUED BY THE EXPLOSIVES DEPARTMENT IN THE GOVERNMENT OF INDIA.

EXHIBIT P6 TRUE COPY OF THE CONFIRMATION LETTER ISSUED BY SRI.PRAKASH KUMAR ACCEPTING THE APPOINTMENT OF THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE MINES FOREMAN'S CERTIFICATE OF COMPETENCY OF SRI.PRAKASH KUMAR.

EXHIBIT P8 TRUE COPY OF THE MINING MATE'S CERTIFICATE OF COMPETENCY OF SRI.SHARAD HUBBALLI AS MINING MATE.

EXHIBIT P9 TRUE COPY OF THE LICENSE DATED 3.4.2019 ISSUED BY THE PERINGOME VAYAKKARA GRAMA PANCHAYATH TO THE PETITIONER COMPANY TO CONDUCT OF THE CRUSHER UNIT.

EXHIBIT P10 TRUE COPY OF THE CONSENT NO.PCB/KNR/ICO-

R/58/2018 DATED 6.2.2018 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.

EXHIBIT P11 TRUE COPY OF THE COMPLAINT DATED 27.9.2019 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.