Abdul Azeez vs The District Police Chief
2022 Latest Caselaw 6993 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                        WP(C) NO. 9212 OF 2022
PETITIONERS:

    1       ABDUL AZEEZ
            AGED 57 YEARS
            S/O. KUNHIPOCKER, PALAKKAN HOUSE, VADAKKEPURAM,
            MELMURI P.O., MALAPPURAM DISTRICT - 676 517.
    2       MOHAMMED IBRAHIM P.
            AGED 36 YEARS, S/O. MOIDEEN KUTTY HAJI, PALAKKAN HOUSE,
            PILAKKAL, POOKKOTTUR, MALAPPURAM DISTRICT - 676 517.
    3       MUSTHAFA PALAKKAN
            AGED 52 YEARS, S/O. KUNHIPOCKER HAJI, PALAKKAN HOUSE,
            VADAKKEPURAM, MELMURI P. O., MALAPPURAM - 676 517.
            BY ADVS.
            ABDUL JAWAD K.
            A.GRANCY JOSE
RESPONDENTS:

    1      THE DISTRICT POLICE CHIEF
           DISTRICT POLICE CHIEF BUILDING,
           UP HILL, MALAPPURAM - 676 504.
     2     THE DEPUTY SUPERINTENDENT OF POLICE
           OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
           MALAPPURAM - 676 505.
     3     THE STATION HOUSE OFFICER
           MALAPPURAM POLICE STATION, MALAPPURAM - 676 525.
     4     THE MALAPPURAM MUNICIPALITY
           REPRESENTED BY ITS SECRETARY, OFFICE OF MALAPPURAM
           MUNICIPALITY, MALAPPURAM - 676 505.
     5     AKBAR PALAKKATTU
           S/O. KUNHIMUHAMMED, PALAKKATTU HOUSE, MELMURI P. O.,
           PADINJAREMUK, MALAPPURAM - 676 517.
     6     OLAKARA MUHAMMED
           S/O. MOOSA, OLAKARA HOUSE, PADINJAREMUK,
           MELMURI P. O., MALAPPURAM - 676 517.
     7     MUSTHAFA PULLIYIL
           S/O.MUHAMMAD, PULLIYIL HOUSE,
           PADINJAREMUK, MELMURI P. O., MALAPPURAM - 676 517.
           BY ADV C.DINESH
           T.K.SHAJAHAN, SR.GP
           E.S.M.KABEER, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9212 OF 2022

                                        2


                                JUDGMENT

Dated this the 17th day of June, 2022

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of mandamus or any other appropriate writ or order or direction commanding the respondents 1 to 3 to render adequate police protection for the functioning of the units of the petitioners and for the movement of vehicles to and from the units without any obstruction from any quarter including the respondents 5 to 7.

(ii) To issue a writ of mandamus or any other appropriate writ or order or direction, commanding the respondents 1 to 3 to see that no obstruction is made by the respondents 5 to 7 and their henchmen so as to ensure smooth working of the units of the petitioners and movement of vehicles.

(iii) To issue a writ of mandamus or any other appropriate writ or order or direction, commanding the respondents 1 to 3 to maintain law and order in the area in question by taking appropriate action against the respondents 5 to 7 under relevant statutes."

2. Heard the learned counsel for the petitioners, the learned

Government Pleader, the learned standing counsel for the Municipality

as well as the learned counsel appearing for the contesting party

respondents.

3. It is submitted by the learned counsel for the petitioners that the

petitioners are owners of crusher and quarry units within the

jurisdiction of the 4th respondent-Municipality. It is submitted that WP(C) NO. 9212 OF 2022

alleging complaints of public nuisance and pollution, the transporting

of materials to and from the petitioners' quarry and crusher units were

being obstructed by respondents 5 to 7 and other residents of the

locality.

4. The learned Government Pleader submitted, on instructions, that

it was on account of complaints with regard to the nature of activities of

the petitioners and the public nuisance caused due to the transportation

of materials that there were public protests in the locality and the

residents of the locality were requiring appropriate precautionary

measures to be taken by the petitioners and other owners of quarries

and crusher units in the Municipality.

5. A counter affidavit has been placed on record by respondents 5 to

7 pointing out that the transportation of materials to and from the

crusher and quarry units was taking place without any concern for

human life and that the Municipality had required the quarry owners to

take appropriate precautionary measures. This is borne out by the

contentions raised by the Municipality as well.

6. An interim order was therefore passed on 04.04.2022 directing WP(C) NO. 9212 OF 2022

that in case the petitioners approach the 4th respondent with an

undertaking that vehicles will be operated strictly within permissible

speed limits and after taking all necessary precautionary measures,

including covering of the vehicles and loading them safely without any

danger of materials falling out of the said vehicles, the petitioners shall

be permitted to use the roads belonging to the Municipality in

accordance with the undertaking so provided. Thereafter, affidavits

have again been placed on record with regard to the manner of

activities and an interim order was passed on 02.06.2022 directing that

in case the party respondents have any contentions with regard to

violation of the undertaking given by the petitioners, they may

approach the Station House Officer with due complaints which shall be

looked into.

7. It is submitted by the learned counsel appearing on all sides that,

at present, the undertakings are being complied with by the petitioners

and that there is no law and order situation existing.

8. In the above view of the matter, this writ petition is disposed of

making the interim order dated 04.04.2022 absolute. In case the party WP(C) NO. 9212 OF 2022

respondents have any complaints with regard to the transportation of

materials in violation of the undertaking given, they are free to

approach the Station House Officer who shall take appropriate steps in

the matter after hearing all concerned.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 9212 OF 2022

APPENDIX OF WP(C) 9212/2022

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MINING AND GEOLOGY DATED 17.04.2018. Exhibit P1(a) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE DATED 15.03.2018 ISSUED BY THE DEIAA, MALAPPURAM.

Exhibit P1(b) TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED IN FAVOUR OF THE 1ST PETITIONER BY THE PESO WHICH IS VALID UPTO 31.03.2025.

Exhibit P1(c) TRUE COPY OF THE CONSENT ISSUED BY THE KERALA POLLUTION CONTROL BOARD (THE PCB, FOR SHORT) DATED 03.04.2018 FOR THE QUARRY, WHICH IS VALID UPTO 28.02.2023.

Exhibit P1(d) TRUE COPY OF THE CONSENT DATED 16.10.2018 WHICH IS VALID UPTO 30.06.2023 ISSUED BY THE PCB FOR THE CRUSHER UNIT OF THE 1ST PETITIONER.

Exhibit P1(e) TRUE COPY OF THE COMPOSITE TRADE LICENSE ISSUED FOR THE QUARRY AND CRUSHER OF THE 1ST PETITIONER BY THE MALAPPURAM MUNICIPALITY. Exhibit P2 TRUE COPY OF THE DEALER'S LICENSE DATED 25.10.2021 WHICH IS VALID UPTO 24.10.2022, ISSUED BY THE GEOLOGIST, MALAPPURAM. Exhibit P2(a) TRUE COPY OF THE RENEWED CONSENT DATED 25.10.2019, WHICH IS VALID UPTO 18.10.2021 ISSUED BY THE PCB FOR THE CRUSHER UNIT. Exhibit P2(b) TRUE COPY OF THE TRADE LICENSE ISSUED BY THE MALAPPURAM MUNICIPALITY FOR THE CRUSHER UNIT, WHICH IS VALID UPTO 31.03.2022.

Exhibit P2(c) TRUE COPY OF THE PAYMENT RECEIPT GENERATED FROM THE K-SWIFT PORTAL ON 9.11.2021. Exhibit P2(d) TRUE COPY OF THE CONSENT DATED 23.11.2021 WHICH IS VALID UPTO 30.09.2026.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MINING AND GEOLOGY DATED 18.03.2021. Exhibit P3(a) TRUE COPY OF THE ENVIRONMENTAL CLEARANCE GRANTED BY SEIAA DATED 18.01.2020.

Exhibit P3(b) TRUE COPY OF THE CONSENT ISSUED BY THE PCB FOR THE QUARRY ON 18.02.2020, WHICH IS VALID UPTO 01.01.2025.

Exhibit P3(c) TRUE COPY OF THE EXPLOSIVE LICENSE ISSUED TO THE 3RD PETITIONER BY PESO DATED 15.02.2019, WHICH IS VALID UPTO 31.03.2023.

WP(C) NO. 9212 OF 2022

Exhibit P3(d) TRUE COPY OF THE TRADE LICENSE FOR THE QUARRY ISSUED BY THE MUNICIPALITY ON 20.04.2021, WHICH IS VALID UPTO 31.03.2023.

Exhibit P4 TRUE COPY OF THE RELEVANT PAGE OF THE ASSET REGISTER OF MALAPPURAM MUNICIPALITY. Exhibit P5 TRUE COPY OF THE F.I.R. IN CRIME NO.21/2020 AND THE FIRST INFORMATION STATEMENT. Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 09.03.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.

Exhibit P6(a) TRUE COPY OF THE RECEIPT DATED 15.03.2022 ISSUED FROM MALAPPURAM POLICE STATION. Exhibit P7 TRUE COPY OF THE WRITTEN REPLY DATED 21/12/2021 BEFORE THE 4TH RESPONDENT, BY THE 1ST PETITIONER Exhibit P8 TRUE COPY OF THE WRITTEN REPLY DATED 27/12/2021 BEFORE THE 4TH RESPONDENT, BY THE 2ND PETITIONER Exhibit P9 PHOTOGRAPHS SHOWING THE SPRINKLING OF WATER IN THE ROAD Exhibit P10 TRUE COPY OF THE UNDERTAKING DATED 4/4/2022 AND SUBMITTED ON 6/4/2022 BY THE PETITIONERS BEFORE THE SECRETARY OF THE 4TH RESPONDENT MUNICIPALITY Exhibit P10(A) TRUE COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONDENT MUNICIPALITY Exhibit P11 TRUE COPY OF E-PASSES ISSUED FOR THE UNIT OF THE 1ST PETITIONER ON 12/4/2022 Exhibit P11(a) TRUE COPY OF E-PASSES ISSUED FOR THE UNIT OF THE 1ST PETITIONER ON 13/4/2022 Exhibit P12 TRUE COPY OF E-PASSES ISSUED FOR THE 2ND PETITIONER'S UNIT ON 7/4/2022 Exhibit P12(a) TRUE COPY OF E-PASSES ISSUED FOR THE 2ND PETITIONER'S UNIT ON 12/4/2022 Exhibit P12(b) TRUE COPY OF E-PASSES ISSUED FOR THE 2ND PETITIONER'S UNIT ON 13/4/2022 Exhibit P13 TRUE COPY OF LIST OF E-PASSES ISSUED FOR THE 3RD PETITIONERS UNIT ON 7/4/2022 Exhibit P13(a) TRUE COPY OF LIST OF E-PASSES ISSUED FOR THE 3RD PETITIONERS UNIT ON 12/4/2022 Exhibit P13(b) TRUE COPY OF LIST OF E-PASSES ISSUED FOR THE 3RD PETITIONERS UNIT ON 13/4/2022 RESPONDENTS' EXHIBITS Exhibit R5(A) TRUE PHOTOGRAPH INDICATING THE DESTRUCTION OF COMPOUND WALL AND PROPERTY BY TIPPER LORRY WP(C) NO. 9212 OF 2022

Exhibit R5(B) TRUE COPY OF THE MASS PETITION SUBMITTED BY THE PEOPLE IN THE LOCALITY TO THE DISTRICT COLLECTOR Exhibit R5(C) TRUE COPY OF THE JOINT INSPECTION CONDUCTED BY VARIOUS DEPARTMENT OBTAINED UNDER THE R.T ACT DATED 02/02/2022 Exhibit R5(D) TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY, MALAPPURAM MUNICIPALITY TO ALL THE QUARRY AND CRUSHER UNITS INCLUDING THE PETITIONER DATED 13/12/2021 Exhibit R5(E) TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY, MALAPPURAM MUNICIPALITY TO ALL THE QUARRY AND CRUSHER UNITS INCLUDING THE PETITIONER DATED 13/12/2021 Exhibit R5(F) TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY MALAPPURAM MUNICIPALITY TO ALL THE QUARRY AND CRUSHER UNITS INCLUDING THE PETITIONER DATED 13/12/2021 Exhibit R5(G) TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY MALAPPURAM MUNICIPALITY TO ALL THE QUARRY AND CRUSHER UNITS INCLUDING THE PETITIONER DATED 13/12/2021 Exhibit R5(H) TRUE COPY OF THE G.O(P) NO. 59/2015/TRAN.

ISSUED BY THE TRANSPORT DEPARTMENT DATED 29/09/2015 PROHIBITING THE GOODS VEHICLE HAVING LOADING CAPACITY MORE THAN 10 TONES FROM PLYING THROUGH THE ROAD HAVING WIDTH LESS THAN 6 METERS Exhibit R5(I) TRUE PHOTOGRAPHS SHOWING THE WIDTH AND TRAFFIC CONJUNCTION IN THE ROAD Exhibit R5(J) TRUE COPY OF THE MASS PETITION SUBMITTED BY THE PEOPLE IN THE LOCALITY INCLUDING THE PETITIONER DATED 25/03/2022 Exhibit R5(k) PHOTOGRAPH SHOWING THE VIOLATION OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 04/04/2022.

Exhibit R5(l) PHOTOGRAPH SHOWING THE VIOLATION OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 04/04/2022.

Exhibit R5(m) PHOTOGRAPH SHOWING THE VIOLATION OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 04/04/2022.

Exhibit R5(n) TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT DATED 21/05/2022 REQUESTING AN IMMEDIATE INTERVENTION.