G.M Granites vs The Station House Officer, ...
2022 Latest Caselaw 9959 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                       WP(C) NO. 17726 OF 2021
PETITIONER:

          M/S G.M GRANITES
          PARAKKAL HOUSE, MANJAPRA P.O., ERNAKULAM,
          REPRESENTED BY ITS MANAGING PARTNER

          BY ADVS.
          PHILIP J.VETTICKATTU
          SAJITHA GEORGE
          MARTIN JOSE P
          P.PRIJITH(K/233/2005)
          THOMAS P.KURUVILLA(K/420-B/2005)
          R.GITHESH(K/630/2002)
          AJAY BEN JOSE(K/729/2012)
          MANJUNATH MENON(K/000474/2015)
          SACHIN JACOB AMBAT(K/734/2016)
          ANNA LINDA V.J(K/1201/2020)
          HARIKRISHNAN S.(K/497/2019)
          S.SREEKUMAR (SR.)(S-571)


RESPONDENTS:

    1     THE STATION HOUSE OFFICER, AYYAMPUZHA POLICE STATION
          AYYAMPUZHA POLICE STATION, AYYAMPUZHA, MANJAPRA-683 581

    2     THE CIRCLE INSPECTOR OF POLICE,
          AYYAMPUZHA POLICE STATION, AYYAMPUZHA, MANJAPRA-683 581

    3     PAUL,
          S/O. NALIYAN PAPPU, AYYAMPUZHA, ERNAKULAM RURAL,
          PIN-683 581

    4     BIJU,
          S/O. SANKARAN, PERUMATTAM HOUSE, AYYAMPUZHA,
          ERNAKULAM RURAL,PIN-683 581

    5     SHAJU
          S/O. CHAKKUNNY, THOTTUNGA HOUSE, AYYAMPUZHA,
          ERNAKULAM RURAL, PIN-683 581
 WP(C) NO. 17726 OF 2021

                                   2



       6       SHIJO
               S/O. ANTONY, EDAPPULAVAN HOUSE, KANAKKANAMPARA,
               AYYAMPUZHA, ERNAKULAM RURAL, PIN-683 581

       7       BIJU
               THOTTANKARA HOUSE, AMALAPURAM, AYYAMPUZHA,
               ERNAKULAM RURAL, PIN-683 581

       8       CITU AMALAPURAM UNIT,
               AYYAMPUZHA-683 581, REPRESENTED BY ITS CONVENER

       9       B.M.S AYYAMPUZHA UNIT,
               AYYAMPUZHA-683 581, REPRESENTED BY ITS CONVENER

      10       INTUC AYYAMPUZHA UNIT,
               AYYAMPUZHA-683 581, REPRESENTED BY ITS CONVENER

      11       ADDL.R11. THE DISTRICT COLLECTOR,
               ERNAKULAM

               IS SUO MOTU IMPLEADED AS PER ORDER DATED 08.09.2021 IN
               WPC

     *ADDL.    JOHNSON.P.K
      R12      AGED 55 YEARS,
               S/O KURIAKOSE, RESIDING AT PUTHUSSERY HOUSE,
               AMALAPURAM, AYYAMPUZHA P.O, PIN-683 581
               ERNAKULAM DISTRICT.

               *ADDL.R12 IS IMPLEADED AS PER ORDER DATED 31.08.2022 IN
               I.A.NO.3 OF 2021

              BY ADVS.
              K.C.VINCENT
              P.K.MUHAMMED

              SMT.DEEPA.V-GP

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    31.08.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 17726 OF 2021

                                     3

                               T.R. RAVI, J.
              --------------------------------------------
                     W.P.(C) No.17726 of 2021
                   --------------------------------------------
              Dated this the 31st day of August, 2022

                             JUDGMENT

The petitioner who is holding a quarrying lease had sought

for police protection against the obstruction caused by the

respondents 3 to 10. Since admittedly the quarry is not

functioning now there is no requirement for any direction for

police protection at this stage.

The writ petition is hence closed without prejudice to the

right of the petitioner to approach this court again if warranted.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 17726 OF 2021

APPENDIX OF WP(C) 17726/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF RELEVANT PAGES OF QUARRYING LEASE EXECUTED BETWEEN THE PETITIONER AND THE STATE DATED 04.05.2018, VALID UPTO 3-5-2029.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF ENVIRONMENTAL CLEARANCE DATED 29.11.2017 ISSUED TO THE PETITIONER, VALID UPTO 28.11.2022.

Exhibit P3 TRUE COPY OF LICENSE ISSUED BY THE AYYAMPUZHA GRAMA PANCHAYAT DATED 30.4.2020 VALID UPTO 31.3.2022.

Exhibit P4 TRUE COPY OF THE MOVEMENT PERMIT ISSUED BY THE COMPETENT AUTHORITY DATED 13.4.2021.

Exhibit P5 TRUE COPY OF RELEVANT PAGES OF FIR REGISTERED BY THE AYYAMPUZHA POLICE STATION DATED 23.4.2021.

Exhibit P6 PHOTOGRAPHS SHOWING THE SHED AND FLAGS OF THE RESPONDENTS 3 TO 10 ERECTED IN FRONT OF THE QUARRY.

Exhibit P7 TRUE COPY OF COMPLAINT DATED 4.5.2021 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 AND 2 AND RECEIPT.

Exhibit P8 TRUE COPY OF COMPLAINT DATED 26.8.2021 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 AND 2 AND RECEIPT.

Exhibit P9 TRUE COPY OF CERTIFICATE ISSUED BY THE VILLAGE OFFICER, AYYAMPUZHA DATED 3.3.2018.

WP(C) NO. 17726 OF 2021

Exhibit P10 TRUE COPY OF THE PRINT OUT OBTAINED FROM THE OFFICIAL SOFTWARE OF THE MINING & GEOLOGY DEPARTMENT i.e.KOMPAS SHOWING THE GENERATION OF PASSES FOR TRANSPORTATION OF MATERIALS.

Exhibit P11 TRUE COPY OF THE REPORT SUBMITTED BY THE TALUK SURVEYOR DATED 23/9/2021 WITH RESPECT TO THE PROPERTY OF THE PETITIONER OBTAINED UNDER THE PROVISIONS OF RTI ACT.

RESPONDENTS' EXHIBITS

Exhibit R3(A) A TRUE COPY OF THE LETTER DATED 20.07.2021 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM.

Exhibit R3(B) A TRUE COPY OF THE PARTITION DEED NO. 1871 OF 1972 OBTAINED UNDER RTI ACT.