Akash James vs The Station House Officer
2023 Latest Caselaw 2040 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                     WP(C) NO. 30505 OF 2022
PETITIONER:

          AKASH JAMES,
          AGED 29 YEARS
          S/O. JAMES PAUL, MANAGING PARTNER,
          SANDROCK ASSOCIATES,
          EDATHALA BUILDINGS, NEELESWARAM PO,
          ERNAKULAM DISTRICT, PIN-683 574,
          RESIDING AT KACHAPPILLY HOUSE,
          ANGAMALY SOUTH P.O., ANGAMALY SOUTH,
          ERNAKULAM DISTRICT, PIN-683 573.

          BY ADV O.D.SIVADAS


RESPONDENTS:

    1     THE STATION HOUSE OFFICER,
          ANGAMALY POLICE STATION,
          ANGAMALY PO, ERNAKULAM -683 573.

    2     SUBRAMANYAN ALIES SAJI,
          PUZHAMALAYIL HOUSE KARUKUTTY.P.O.,
          MAMBRA, ERNAKULAM - 680308.

          SRI.E.C.BINEESH - GP.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                       2


W.P.(C) No.30505 of 2022




                              JUDGMENT

Dated this the 3rd day of February, 2023

The petitioner, who is the Managing Partner of Sandrock

Associates, Nileswaram P.O, Ernakulam District, holding a

Quarrying Licence dated 01.04.2022, has approached this Court

alleging that the 2nd respondent is causing obstruction to the

quarrying activities of the petitioner.

2. When this writ petition came up for admission, this

Court passed an interim order on 30.09.2022, directing the

1st respondent to afford adequate protection to the petitioner in

case of any illegal obstruction from the 2 nd respondent to the

legally permissible activities of the petitioner.

3. Though notice was served on the 2nd respondent, there

is no appearance of the 2nd respondent.

W.P.(C) No.30505 of 2022

Taking into consideration the facts of the case, the writ

petition is disposed of confirming the interim order dated

30.09.2022 passed by this Court.

Sd/-

N. NAGARESH JUDGE ams

W.P.(C) No.30505 of 2022

APPENDIX OF WP(C) 30505/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE QUARRYING LICENCE NO.A4-

1613/2022- 23 -237 DATED 1.4.2022, UNDER ISSUED BY THE PARAKKADAVU GRAMA PANCHAYAT TO THE PETITIONER'S QUARRY.

Exhibit P2 TRUE COPY OF THE MOVEMENT PERMIT DATED 2.4.2022, UNDER THE KERALA MINOR MINERAL CONCESSION RULES, 2015 ISSUED BY THE GEOLOGIST, GEOLOGY DEPARTMENT. Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 3.8.2022 SUBMITTED BY THE PETITIONER, BEFORE THE 1ST RESPONDENT WITH ACKNOWLEDGMENT RECEIPT.