Kerala High Court
M.M. Thomas vs Superintendent Of Police on 26 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
WP(C).No.6522 OF 2021(M)
PETITIONER:
M.M. THOMAS
AGED 56 YEARS
S/O. JOSEPH, MANAGING PARTNER, WAYANAD GRANITES,
PINANGODE P.O., KALPATTA, WAYANAD DISTRICT.
BY ADVS.
SRI.M.RAMESH CHANDER (SR.)
SMT.K.A.SANJEETHA
SRI.BONNY BENNY
RESPONDENTS:
1 SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE,
WAYANAD DISTRICT-673121.
2 CIRCLE INSPECTOR OF POLICE,
OFFICE OF THE CIRCLE INSPECTOR OF POLICE,
KALPETTA, WAYANAD DISTRICT-673121.
3 SUB INSPECTOR OF POLICE,
OFFICE OF THE SUB INSPECTOR OF POLICE,
KALPETTA, WAYANAD DISTRICT-673121.
4 SALIM BAVA,
AGED 40 YEARS
S/O. AHAMMEDKUTTY, ILLATHODY HOUSE, PUZHAMUDI P.O.,
VENGAPPALLY, KALPETTA, WAYANAD DISTRICT-673121.
5 HAKKIM ATHOLY,
AGED 33 YEARS
S/O.ANTHREW, ATHOLI HOUSE, PUZHAMUDI P.O.,
VENGAPPALLY, KALPETTA, WAYANAD DISTRICT-673121.
6 SHYJAL,
AGED 38 YEARS
S/O.IBRAHIM, CHAPPALI HOUSE, PUZHAMUDI P.O.,
VENGAPPALLY, KALPETTA, WAYANAD DISTRICT-673121.
7 KUNHAMMED,
AGED 50 YEARS
WP(C).No.6522 OF 2021(M) 2
S/O. ABDULLA, PARAYI HOUSE, PUZHAMUDY P.O.,
VENGAPPALLY, KALPETTA, WAYANAD DISTRICT-673121.
8 VENGAPPALLY GRAMA PANCHAYAT,
PINANGODE P.O., WAYANAD DISTRICT-673122,
REPRESENTED BY ITS SECRETARY.
9 * ADDL R9
ABDUL GAFOOR V.K.,
AGED 31 YEARS
S/O. KANJAMMED V.K., VELLIYANKALLAM HOUSE,
RIPPON POST, MEPPADY, WAYANAD DISTRICT-673577.
IS IMPLEADED AS ADDITIONAL R9 AS PER ORDER DATED
16.03.2021 IN I.A.1/2021 IN WPC 6522/2021.
SRI THAJUDEEN PP, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6522 OF 2021(M) 3
JUDGMENT
The petitioner states that he is the Managing Partner of a quarrying unit run
in the name and style as 'Wayanad Granites'. He has approached this Court seeking
a direction to respondents 1 to 3 to afford effective protection to the petitioner and
his employees for carrying out the work in the establishment without any threat or
obstructions from the party respondents.
2. The petitioner would state that he is operating the quarry after
obtaining permits and licences from all statutory authorities. Reliance is placed on
Exts.P1 to P5 to substantiate the said fact. On 26.2.2021, there occurred an
incident when the additional 9th respondent trespassed into the quarry and abused
the workers and staff. He and his men obstructed the ingress and egress into the
establishment and prevented the passage of vehicles. The matter was reported to
the police and Crime No.105/2021 was registered against the aforesaid Gafoor and
certain identifiable persons. According to the petitioner, after registration of the
Crime, threats were made that the accused would disrupt the functioning of the
quarry. They are intimidating the Panchayat authorities to stop the functioning of
the quarry by raising false accusations. According to the petitioner, the statutory
authorities have not interdicted the functioning of the quarry by issuing any notice.
It is contended that in order to pressurize the local authority, the party respondents
have announced that they would hold a dharna in front of the quarry on 22.3.2021
and obstruct its functioning. Faced with the above situation, the petitioner is stated
to have lodged Ext.P7 complaint before the police on 10.3.2021. His grievance is
that no action is being taken by the police as the party respondents are wielding
political influence. It is in the afore circumstances that the petitioner is before this
Court seeking a direction to the respondents 1 to 3 to afford protection to the
petitioner and his employees.
3. Though notice was issued to the party respondents, there is no
appearance.
4. The learned Government Pleader on instructions submitted that based
on a complaint lodged by the petitioner herein, Crime No.105/2021 was registered
and the police is on the verge of filing a final report. He would contend that the
police are maintaining vigil and no adverse law and order situation prevails in the
area.
Having regard to the submissions advanced, this writ petition is disposed of
directing the petitioner to approach the 3rd respondent, if any obstruction is caused
by the party respondents to the functioning of the 'Wayanad Granites' quarry. If
any such complaint is received, the respondents 2 and 3 shall enquire into the
genuineness of the allegations and shall take appropriate action to ensure that the
functioning of the quarry is not disrupted and no harm is caused to the petitioner
and his employees.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOSTAT COPY OF THE PERMISSION
NO.E/SE/KL/22/234(E120930) DATED
24.5.2019 GRANTED BY THE PETROLEUM AND
EXPLOSIVES SAFETY ORGANISATION.
EXHIBIT P2 PHOTOSTAT COPY OF THE QUARRYING LEASE
DATED 20.3.2018.
EXHIBIT P3 PHOTOSTAT COPY OF THE CONSENT TO OPERATE
GIVEN BY THE STATE POLLUTION CONTROL
BOARD BEARING NO.PCB/WND/OCMMS/JAN/18
DATED 30.1.2018.
EXHIBIT P4 PHOTOSTAT COPY OF THE ENVIRONMENTAL
CLEARANCE GRANTED BY THE STATE
ENVIRONMENT IMPACT ASSESSMENT AUTHORITY,
KERALA BEARING NO.1132/EC/SEIAA/2017
DATED 29.12.2017.
EXHIBIT P5 PHOTOSTAT COPY OF THE LICENSE NO.91/2020-
2021/B3/908/2020 DATED 30.4.2020 GRANTED
BY THE PANCHAYAT.
EXHIBIT P6 PHOTOSTAT COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO.105/2021 OF KALPETTA
POLICE STATION DATED 27.2.2021.
EXHIBIT P7 PHOTOSTAT COPY OF THE REPRESENTATION
GIVEN BY THE PETITIONER BEFORE THE POLICE
DATED 10.3.2021.
RESPONDENTS' EXHIBITS:
NIL
