M/S. City Crushers vs District Police Chief
2023 Latest Caselaw 6691 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                    WP(C) NO. 18984 OF 2023
PETITIONER:

         M/S. CITY CRUSHERS,
         MEHFIL, TC 16/772-1,
         ULRA-36, ULLOOR LANE, J
         AGATHY, THIRUVANANTHAPURAM
         REPRESENTED BY ITS MANAGING PARTNER,
         SRI. DHANAJAYAN UNNITHAN., PIN - 695014

         BY ADVS.
         ENOCH DAVID SIMON JOEL
         S.SREEDEV
         RONY JOSE
         LEO LUKOSE
         KAROL MATHEWS SEBASTIAN ALENCHERRY
         DERICK MATHAI SAJI


RESPONDENTS:

    1    DISTRICT POLICE CHIEF,
         THIRUVANANTHAPURAM (RURAL),
         THIRUVANANTHAPURAM, PIN - 695033
    2    DEPUTY SUPERINTENDENT OF POLICE,
         KATTAKADA SUB DIVISION,
         THIRUVANANTHAPURAM, PIN - 695572
    3    STATION HOUSE OFFICER,
         ARYANADU POLICE STATION,
         THIRUVANANTHAPURAM, PIN - 695542
    4    STATION HOUSE OFFICER,
         NEYYARDAM POLICE STATION,
         THIRUVANANTHAPURAM, PIN - 695542
    5    RATHEESH KUMAR,
         S/O. K. SOMAN,
         RODARIKATHU VEEDU,
         IRAPPILMUKHAM,
         PANNIYODE P.O, KATTAKADA,
         THIRUVANANTHAPURAM, PIN - 695575
 WP(C) No.18984 of 2023
                             :2 :


     6      SHAJI KUMAR C.,
            NAGACHERI, KALLAMAM,
            PANNIYODE P.O, KATTAKADA.
            THIRUVANANTHAPURAM, PIN - 695575
     7      AZEEM M.N.,
            CV HOUSE,
            VANCHUVAM,
            CHULLIMANOOR P.O,
            KATTAKADA,
            THIRUVANANTHAPURAM, PIN - 695541


            BY SRI. PREMCHAND.R.NAIR(GP)

     THIS WRIT PETITION       (CIVIL) HAVING COME UP   FOR
ADMISSION ON 20.06.2023,      THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) No.18984 of 2023
                                    :3 :




                            JUDGMENT

-----------------------

Dated this the 20th day of June, 2023

The petitioner seeks effective police protection for

life and for carrying out work at petitioner's quarrying unit

without any illegal interference and obstruction from

respondents 5 to 7 or anybody acting under them.

2. The petitioner states that he has been operating a

quarry on the basis of all valid licences and permits.

Respondents 5 to 7 who are local residents demanded huge

sum of money from the petitioner for operating the quarry.

When the petitioner refused to yield to their demand, the

petitioner was threatened that the quarry will not be permitted

to function. Respondents 5 to 7 and their henchmen have

been continuously causing nuisance by disrupting the works at WP(C) No.18984 of 2023

the quarry unit and has also been threatening the petitioner and

his staff with the intention to compel the petitioner to yield to

their illegal monetary demands.

3. Respondents 5 to 7 and their henchmen are

trespassing into the unit on a constant basis and are causing

constant interference with the preliminary works in the property.

Even though by Exts.P2 to P4 the respondents 2 to 4 have

been appraised about the situation and police protection was

sought for, no action is seen forthcoming on their part.

4. Government Pleader entered appearance and

resisted the writ petition. The Government Pleader denied all

the allegations made by the petitioner in the writ petition. It is

submitted that there was an untoward incident on 04.06.2023

and the police authorities interfered in the matter. Thereafter,

there is no law and order issue and the quarry is functioning

peacefully. The General Manager of the petitioner's unit has

also given a statement that now there is no law and order

issue.

WP(C) No.18984 of 2023

Taking into consideration the afore facts, I am of the view

that no mandatory orders are required in the writ petition at this

stage. The writ petition is therefore disposed of granting liberty

to the petitioner to approach respondents 3 and 4, if there is

any further obstruction in future and in such eventuality,

respondents 3 and 4 shall take necessary action in accordance

with law.

Sd/-

N. NAGARESH JUDGE

sss WP(C) No.18984 of 2023

APPENDIX OF WP(C) 18984/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE QUARRYING LEASE DATED 06.01.2022 VALID TILL 05.01.2034. EXHIBIT P1(A) A TRUE COPY OF THE TRANSFER OF EXT.P1 LEASE DEED DATED 25.08.2022 .

EXHIBIT P1(B)            TRUE   COPY    OF    THE   ENVIRONMENTAL
                         CLEARANCE          NUMBERED           AS

1261/EC2/2019/SEIAA AND DTD. 22.07.2021 ISSUED BY THE SEIAA.

EXHIBIT P1(C) TRUE COPY OF THE ORDER BEARING PROPOSAL NUMBER SIA/KL/MIN/266793/2022 AND DATED 24.06.2022 ISSUED BY THE SEIAA.

EXHIBIT P1(D)            A TRUE COPY OF THE CONSENT TO OPERATE
                         DATED   22.06.2022    AND   VALID   TILL

21.07.2026 ISSUED BY THE POLLUTION CONTROL BOARD.

EXHIBIT P1(E) A TRUE COPY OF THE TRADE LICENCE DATED 26.10.2022 AND VALID TILL 31.03.2024 ISSUED BY THE AARYANAD PANCHAYAT .

EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DTD.

06.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT .

EXHIBIT P2(A) A TRUE COPY OF RECEIPT DATED 07.06.2023 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DTD.

06.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P3(A) A TRUE COPY OF RECEIPT DATED 07.06.2023 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DTD.

06.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P4(A) A TRUE COPY OF RECEIPT DATED 07.06.2023 ISSUED BY THE 4TH RESPONDENT.