Kavannoor Sands vs Sharafudheen
2022 Latest Caselaw 10760 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                        WP(C) NO. 10792 OF 2021
PETITIONER:

          M/S.KAVANNOOR SANDS
          PULLANJERI PARAMBU, PARAMMAL, KAVANNOOR P.O.,
          MALAPPURAM, REPRESENTED BY ITS PROPRIETOR, SUBAIR V.P.,
          S/O.MUHAMMED, AGED 36 YEARS, VELLARAMPARA,
          POOVATHIKKAL P.O., URANGATTIRI VILLAGE, ERANADU TALUK,
          MALAPPURAM DISTRICT.
          BY ADV P.M.ZIRAJ
RESPONDENTS:

    1     SHARAFUDHEEN
          AGED 38 YEARS
          S/O.MAMU, ILLICKAL HOUSE, KAVANUR P.O.,
          KULLANCHERIPARA, KAVANOOR VILLAGE, ERANADU TALUK,
          MALAPPURAM DISTRICT, PIN -673 639.
    2     THE DISTRICT GEOLOGIST
          MALAPPURAM DEPARTMENT OF MINING AND GEOLOGY,
          MINI CIVIL STATION, NEAR DISTRICT COURT, VELLARANGAL,
          MANJERI, MALAPPURAM DISTRICT, PIN- 676 517.
    3     INSPECTOR OF POLICE
          AREEKODE POLICE STATION, CAMP ROAD,
          MALAPPURAM DISTRICT, PIN - 673 639.
    4     DISTRICT POLICE CHIEF
          MALAPPURAM DISTRICT POLICE CHIEF BUILDING,
          FEROKH-PALAKKAD HIGHWAY, UP HILL,
          MALAPPURAM, PIN - 676 504.
          T.K.SHAJAHAN-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10792 OF 2021

                                        2



                                 JUDGMENT

Dated this the 21st day of October, 2022

This writ petition is filed seeking the following prayers:

"(i) Issue a writ of mandamus or any other appropriate writ, order or direction to the third and fourth respondent to grant sufficient and adequate police protection to the life and properties of the proprietor of petitioner, its employees, establishments, vehicles and machineries for loading and transporting M sand during night with valid pass issued by the department of mining and geology from the threat of first respondent.

(ii) Direct the third and fourth respondents to take proper preventive action against the first respondent and his henchmen from causing any untoward incident against the petitioner, it's proprietor, employees, vehicles, establishments and machineries."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader. Though notice was taken out to the 1 st respondent,

there is no appearance for the 1st respondent.

3. It is submitted by the learned counsel for the petitioner that the 1st

respondent has been obstructing the legally permitted activity carried

out by the petitioner for storing and transporting of M-sand.

4. The learned Government Pleader submits, on instructions, that the

parties had been summoned before the police station and the petitioner WP(C) NO. 10792 OF 2021

had been required to carry out his operations strictly in accordance with

the permits granted to him and complying with all the conditions

therein. It is submitted that the 1st respondent was also required not to

cause any illegal obstructions if the activity of the petitioner is in

accordance with the permissions granted. It is submitted that thereafter,

there is no law and order issue and no illegal obstruction being

complained of.

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

However, in case the petitioner's activity is being carried out strictly in

accordance with the licences and permissions granted and if there is

any further obstruction from the 1st respondent, the petitioner may

inform the Station House Officer who shall afford adequate protection

to the petitioner to carry out the activities as specifically permitted.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 10792 OF 2021

APPENDIX OF WP(C) 10792/2021

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE CONSENT TO OPERATE DATED 27/11/2019 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD.

EXHIBIT P2 TRUE COPY OF THE BUILDING PERMIT DATED 16/01/2019 ISSUED BY THE SECRETARY, KAVANNOOR GRAMA PANCHAYAT.

EXHIBIT P3 TRUE COPY OF THE DEALER'S LICENSE DATED 26/04/2021 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 20/12/2019 ISSUED BY THE DISTRICT FIRE OFFICER, FIRE AND RESCUE SERVICES, MALAPPURAM.

EXHIBIT P5 TRUE COPY OF THE D&O LICENSE DATED 4/12/2019 ISSUED BY THE SECRETARY, KAVANNOOR GRAMA PANCHAYAT.

EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 26/04/2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT WITH COPY TO THE FOURTH RESPONDENT.

RESPONDENTS' EXHIBITS: NIL