Muhammed vs The State Of Kerala
2023 Latest Caselaw 1814 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                       WP(C) NO. 40176 OF 2022
PETITIONERS:

    1     MUHAMMED,
          AGED 63 YEARS
          S/O KOYAMUTTI MUSLIYAR, R/O POTTENGAL,
          THIRUMITTACODE-II, PALAKKAD -679 535.
    2     SHIVALAYA CONSTRUCTION COMPANY PVT. LTD.,
          PLOT NO. 137, AVTAR ENCLAVE, PASCHIM VIHAR,
          NEW DELHI- 110 063.

          REPRESENTED BY ITS AUTHORISED REPRESENTATIVE,
          MANI SURESH (SR. LIAISON MANAGER),S/O V. MANI, R/O 165,
          PUTHEN VEEDU, KUNDUKKAD, VADAVANNUR PALAKKAD-678 504.
          BY ADVS.
          HARIKRISHNAN M.S.
          K.DHRUV KUMAR
          SHAKTHI PRAKASH
          VISHNU VIJAYAN


RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          HOME DEPARTMENT MAIN BLOCK, SECRETARIAT,
          THIRUVANANTHAPURAM- 695 001.
    2     THE DISTRICT POLICE CHIEF
          OFFICE OF THE DISTRICT POLICE CHIEF, PALAKKAD- 678 014.
    3     THE DEPUTY SUPERINTENDENT OF POLICE
          OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
          SHORNUR, PALAKKAD- 679 121.
    4     THE STATION HOUSE OFFICER
          CHALLISSERRY POLICE STATION CHALLISSERRY,
          PALAKKAD- 679 536.
    5     SUDHEER.M.G,
          S/O GIRIJAN NAIR, MANNERETH HOUSE, NAGALASSERY P.O,
          KOTTANAD, PATTAMBI,
          PALAKKAD- 679 533.
    6     FAISAL,
          S/O SULAIMAN, CHOLAKKAL HOUSE, NAGALASSERY P.O,
          PALAKKAD- 679 533.
 WP(C) NO.40176 OF 2022
                                         2

    7          MANIKANDAN,
               S/O GOPI NAIR,R/O 08/358,
               KADUMCHEERAMATHU VALAPPIL HO,
               NAGALASSERY, KOTTANAD, PALAKKAD-679533.
    8          NAUSHAD
               S/O MUHAMMAD, R/O 191, PARAPPURATH HOUSE,
               NAGALASSERY,
               PATTAMBI PALAKKAD-679 545.
               BY ADVS.
               K.S.ARUN KUMAR
               SRUTHY UNNIKRISHNAN
               VIJAY SANKAR V.H.
               AMRUTHA P S
               ANANDALAKSHMI SANKARARAMAN
               SRI.E.C.BINEESH-GP


        THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   01.02.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.40176 OF 2022
                                        3


                           JUDGMENT

Dated this the 1st day of February, 2023

The petitioners state that they are engaged in mining

activities and are excavating ordinary soil. The excavation

made by the petitioners is intended for aiding the widening of

National Highway Project in Palakkad. Respondents 5 to 8 are

causing unnecessary and illegal obstruction to the mining

activities, contend the petitioners.

2. Counsel for respondents 5 to 8 appeared in the writ

petition and resisted the writ petition vehemently. It is stated

by respondents 5 to 8 that the deep mining activity carried out

by the petitioners in a hilly area is adversely affecting the

environment. The mining area is surrounded by more than 100

houses. About 100 Metres far from the area, a Government

School is situated. There is also an Anganvadi 150 Metres

away. Extraction of ordinary earth will cause danger to the

existence of the School and Anganavadi. It will adversely WP(C) NO.40176 OF 2022

affect the environment.

3. The counsel for respondents 5 to 8 further

submitted that there is certain objection raised by the

Geologist also in respect of the excavation being carried out

by the petitioners. The counsel for respondents 5 to 8,

however, submits that respondents 5 to 8 have no intention to

physically cause obstruction to the activities of the petitioners.

4. In that view of the matter, the writ petition is

disposed of with the following directions:-

(1) Respondents 2 to 4 shall extend adequate police

protection to the petitioners, if there is illegal physical

obstruction caused to the activities of the petitioners.

(2) Respondents 5 to 8 will be at liberty to take up any

legal grievance with regard to the mining activity before the

competent authorities, in accordance with law.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.40176 OF 2022

APPENDIX OF WP(C) 40176/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER OF AUTHORISATION DATED 10.12.2022 EXECUTED BY THE 2ND PETITIONER IN FAVOUR OF MR. MANI SURESH Exhibit P2 TRUE COPY OF THE LETTER OF AWARD DATED 24.09.2022 ISSUED BY THE NATIONAL HIGHWAY AUTHORITY OF INDIA Exhibit P3 TRUE COPY OF THE QUARRYING PERMIT DATED 03.12.2022 ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 09.12.2022 SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 11.12.2022 SUBMITTED BEFORE THE 3RD AND 4TH RESPONDENTS Exhibit P6 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 11.12.2022.

RESPONDENT'S EXHIBITS: NIL