Kerala High Court

B.M.Salim vs The Circle Inspector Of Police on 23 March, 2023

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                 WP(C) NO. 40305 OF 2022
PETITIONERS:

    1    B.M.SALIM,
         AGED 54 YEARS
         S/O.B.K.MUHAMMED, RESIDING AT 36/2150A,
         SHENOY'S ROAD, KALOOR, KOCHI-682017.
    2    SAJNA SALIM,
         AGED 46 YEARS
         D/O.MAJEED, RESIDING AT 36/2150A,
         SHENOY'S ROAD, KALOOR, KOCHI-682017.

         BY ADV I.SHEELA DEVI


RESPONDENTS:

    1    THE CIRCLE INSPECTOR OF POLICE,
         RAMAMANGALAM POLICE STATION,
         RAMAMANGALAM P.O.,
         ERNAKULAM DISTRICT, PIN -686663.
    2    THE STATION HOUSE OFFICER,
         RAMAMANGALAM POLICE STATION,
         RAMAMANGALAM P.O., ERNAKULAM DISTRICT,
         PIN -686663.
    3    THE DISTRICT COLLECTOR,
         ERNAKULAM, COLLECTORATE,
         CIVIL STATION, KAKKANAD P.O.,
         KOCHI-682030.
    4    JOSEPH.V.J,
         VAKKANAL HOUSE, EZHAKKARANAD SOUTH,
         VETTITHARA P.O., PIRAVOM,
         ERNAKULAM DISTRICT, PIN-682308.
 WP(C) No.40305 of 2022

                            2


     5      MOLLY THOMAS,
            KADAMPUZHA HOUSE, NECHOOR P.O.,
            PIRAVOM, ERNAKULAM DISTRICT, PIN-686664.
     6      PAUL VARGHESE,
            PULICKAL HOUSE, EZHAKKARANAD NORTH,
            VETTITHARA P.O., PIRAVOM,
            ERNAKULAM DISTRICT, PIN-682308.
     7      SOJAN,
            APPATTU KUZHIYIL HOUSE,
            EZHAKKARANAD, VETTITHARA P.O.,
            PIRAVOM, ERNAKULAM DISTRICT, PIN-682308.

            BY ADVS.
            PAUL ABRAHAM VAKKANAL
            VINEETHA SUSAN THOMAS(K/310/2006)
            ROHITH C.(K/110/2021)
            ABRAHAM VAKKANAL (SR.)(A-101)
            SRI.E.C BINEESH, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 23.03.2023, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 WP(C) No.40305 of 2022

                               3




                            JUDGMENT

Dated this the 23rd day of March, 2023

The petitioners, who had earlier obtained permission

from the District Geologist for excavation of ordinary earth

from a land in Maneed Village of Muvattupuzha Taluk, are

before this Court seeking to direct respondents 1 and 2 to

prevent respondents 4 to 7 from entering into the property of

the petitioners in Maneed Village and to direct respondents 1

and 2 to grant adequate and effective police protection to the

petitioners to remove ordinary earth as per Ext.P21 order of

the District Collector, Ernakulam.

2. From the pleadings and arguments made at the

Bar, it is evident that the petitioners were granted a Quarrying

Permit by the District Geologist. By Ext.P21, the District

Collector has also requested the District Police Chief to

provide necessary police protection for quarrying activity in WP(C) No.40305 of 2022

the site.

3. It is disclosed during the argument that subsequent

to the issuance of Quarrying Permit, the Panchayat

Authorities had issued a Stop Memo. There were complaints

from residents of nearby Scheduled Caste Colony alleging

environmental issues. The residents of Scheduled Caste

Colony approached this Court filing W.P.(C) No.3549 of 2023

and interim orders have been passed staying the operation of

the Quarrying Permit and activities pursuant to therein. The

said writ petition is still pending before this Court. In view of

the above, the question whether an Environmental Clearance

is required or not for the petitioners to quarry the permitted

area is a matter to be decided in the said writ petition. The

petitioners submit that the petitioners still have threats to their

life from respondents 4 to 7 and persons claiming under them.

4. Taking into consideration the facts of the case, it is

clear that the issue has to be finally decided in W.P.(C)

No.3549 of 2023, to which the petitioners are parties. WP(C) No.40305 of 2022

The writ petition is therefore disposed of holding that the

quarrying operations of the petitioners will be in accordance

with the decision to be taken in W.P.(C) No.3549 of 2023. In

the meanwhile, if the petitioners face any threat to their life,

the petitioners will be at liberty to approach the

2nd respondent, who shall enquire into the matter and take

appropriate steps in accordance with law.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.40305 of 2022

APPENDIX OF WP(C) 40305/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT KL07070807588/2022 DATED 11.08.2022 ISSUED BY THE VILLAGE OFFICER, MANEED FOR THE YEAR 2022-23 IN RESPECT OF THE PROPERTY IN THANDEPER NO.9428/A TO THE 1ST PETITIONER.

Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT KL07070807591/2022 DATED 11.08.2022 ISSUED BY THE VILLAGE OFFICER, MANEED FOR THE YEAR 2022-23 IN RESPECT OF THE PROPERTY IN THANDEPER NO.8833 TO THE 1ST PETITIONER.

Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT KL07070807590/2022 DATED 11.08.2022 ISSUED BY THE VILLAGE OFFICER, MANEED FOR THE YEAR 2022-23 IN RESPECT OF THE PROPERTY IN THANDEPER NO.8895 TO THE 1ST AND 2ND PETITIONERS.

Exhibit P4 TRUE COPY OF THE LAND TAX RECEIPT KL07070807587/2022 DATED 11.08.2022 ISSUED BY THE VILLAGE OFFICER,U MANEED FOR THE YEAR 2022-23 IN RESPECT OF THE PROPERTY IN THANDEPER NO.10084 TO THE 2ND PETITIONER.

Exhibit P5 TRUE COPY OF THE LAKU ( KL07070807584/2022 DATED 11.08.2022 ISSUED BY THE VILLAGE OFFICER, MANEED FOR THE YEAR 2022-23 IN RESPECT OF THE PROPERTY IN THANDEPER NO.11650 TO THE 1ST PETITIONER.

Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPT KL07070807581/2022 DATED 11.08.2022 ISSUED BY THE VILLAGE OFFICER, MANEED FOR THE YEAR 2022-23 IN RESPECT OF THE PROPERTY IN THANDEPER NO.12788 TO THE 1ST PETITIONER.

WP(C) No.40305 of 2022

Exhibit P7 TRUE COPY OF THE LAND TAX RECEIPT KL07070807582/2022 DATED 11.08.2022 ISSUED BY THE VILLAGE OFFICER, MANEED FOR THE YEAR 2022-23 IN RESPECT OF THE PROPERTY IN THANDEPER NO.12443 TO THE 2ND PETITIONER.

Exhibit P8 TRUE COPY OF THE LAND TAX RECEIPT KL07070807577/2022 DATED 11.08.2022 ISSUED BY THE VILLAGE OFFICER, MANEED FOR THE YEAR 2022-23 IN RESPECT OF THE PROPERTY IN THANDEPER NO.13735 TO THE 1ST PETITIONER.

Exhibit P9 TRUE COPY OF THE POSSESSION CERTIFICATE NO.67734941 DATED 31.08.2022 IN RESPECT OF THANDEPER NO.8833 ISSUED BY THE VILLAGE OFFICER, MANEED VILLAGE TO THE 1ST PETITIONER. Exhibit P10 TRUE COPY OF THE POSSESSION CERTIFICATE NO.67734836 DATED 31.08.2022 IN RESPECT OF THANDEPER NO.8833 ISSUED BY THE VILLAGE OFFICER, MANEED VILLAGE TO THE 1ST PETITIONER. Exhibit P11 TRUE COPY OF THE POSSESSION CERTIFICATE NO.67734110 DATED 31.08.2022 IN RESPECT OF THANDEPER NO.8895 ISSUED BY THE VILLAGE OFFICER, MANEED VILLAGE TO THE 1ST AND 2ND PETITIONERS.

Exhibit P12 TRUE COPY OF THE POSSESSION CERTIFICATE NO.67734884 DATED 31.08.2022 IN RESPECT OF THANDEPER NO.12788 ISSUED BY THE VILLAGE OFFICER, MANEED VILLAGE TO THE 1ST PETITIONER.

Exhibit P13 TRUE COPY OF THE POSSESSION CERTIFICATE NO.67733752 DATED 31.08.2022 IN RESPECT OF THANDEPER NO.11650 ISSUED BY THE VILLAGE OFFICER, MANEED VILLAGE TO THE 1ST PETITIONER.

WP(C) No.40305 of 2022

Exhibit P14 TRUE COPY OF THE POSSESSION CERTIFICATE NO.67733504 DATED 31.08.2022 IN RESPECT OF THANDEPER NO.13735 ISSUED BY THE VILLAGE OFFICER, MANEED VILLAGE TO THE 1ST PETITIONER.

Exhibit P15 EXHIBIT-P15: TRUE COPY OF THE CONSENT LETTER DATED 26.08.2022 GIVEN BY PETITIONERS 1 AND 2 TO M/S. ORIENTAL STRUCTURAL ENGINEERS PVT. LTD.

Exhibit P16              TRUE COPY OF THE LEASE AGREEMENT DATED
                         27.08.2022          EXECUTED          BETWEEN

PETITIONERS 1 AND 2 AND M/S. ORIENTAL STRUCTURAL ENGINEERS PVT. LTD. Exhibit P17 TRUE COPY OF THE NON-ASSIGNMENT CERTIFICATE FILE NO.184/22 DATED 11.10.2022 ISSUED BY DISTRICT GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM TO THE PETITIONERS 1 AND 2.

Exhibit P18              TRUE    COPY     OF      THE     DEMARCATION
                         CERTIFICATE      NO.       185/22       DATED
                         11.10.2022    ISSUED     BY    THE    VILLAGE

OFFICER, MANEED TO THE PETITIONERS 1 AND 2.

Exhibit P19 TRUE COPY OF THE CHALLAN RECEIPT DATED 18.10.2022 ISSUED BY THE DISTRICT TREASURY OFFICE, ERNAKULAM TO M/S. ORIENTAL STRUCTURAL ENGINEERS PVT. LTD.

Exhibit P20 TRUE COPY OF THE QUARRYING PERMIT FOR ORDINARY EARTH ISSUED IN FORM-N AS PER ORDER NO.01/22-23/MM/QP/OE/DOE/2539/E2/2022 DATED 07.11.2022 BY THE DISTRICT GEOLOGIST, DEPARTMENT OF MINING & GEOLOGY, ERNAKULAM.

Exhibit P21 TRUE COPY OF THE ORDER NO.DCEKM/ 11400/2022-M7 DATED 29.11.2022 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM TO M/S.ORIENTAL STRUCTURAL ENGINEERS PVT. LTD.

WP(C) No.40305 of 2022

RESPONDENT EXHIBITS EXHIBIT R4(A) TRUE COPY OF THE ORDER IN WP(C).NO.

3549/2023 DATED 01-02-2023 EXHIBIT R4(B) TRUE COPY OF THE ORDER IN WP(C).NO.

3549/2023 DATED 09-03-2023