Kerala High Court
Sudheer.R vs District Police Chief on 3 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 28201 OF 2023
PETITIONER:
SUDHEER R.,
AGED 48 YEARS, S/O. RAVEENDRAN,
RAVI BHAVANAM,
CHEPPAD, ALAPPUZHA, PIN-690 507.
BY ADVS.
R.SUNIL KUMAR
A.SALINI LAL
RESPONDENTS:
* 1 DISTRICT POLICE CHIEF,
SUPERINTENDENT OFFICE ALAPPUZHA-690 001)
* CORRECTED AS:-
DISTRICT POLICE CHIEF,
SUPERINTENDENT OFFICE,
PATHANAMTHITTA-689 585.
* 2 DEPUTY SUPERINTENDENT OF POLICE
DY.S.P OFFICE, CHENGANNUR- 689121
* CORRECTED AS:-
DEPUTY SUPERINTENDENT OF POLICE,
DY.S.P OFFICE, PATHANAMTHITTA-689 645
(ADDRESS OF RESPONDENTS 1 AND 2 CORRECTED AS PER ORDER
DATED 21/12/23 IN IA/1/23 IN WP (C) 28201/23)
3 THE STATION HOUSE OFFICER,
ELAVUMTHITTA POLICE STATION, ELAVUMTHITTA,
PATHANAMTHITTA, PIN-689 625.
4 THE DISTRICT GEOLOGIST,
DEPARTMENT OF MINING AND GEOLOGY,
DISTRICT OFFICE, PATHANAMTHITTA, PIN-691 523.
5 SANTHOSH,
MAVUNILKUNNATHIL, KAIPPUZHA NORTH P.O.,
KULANADA, PATHANAMTHITTA, PIN-689 503.
W.P.(C) No.28201 of 2023
-:2:-
*ADDL.R6 THE DISTRICT COLLECTOR,
COLLECTORATE, PATHANAMTHITTA-689 645.
*ADDL.R7 THE VILLAGE OFFICER,
KULANADA VILLAGE OFFICE, KULANADA-689 503.
* ADDL R6 & ADDL R7 IMPLEADED AS PER ORDER DATED
20-11-2023 IN IA 2/2023 IN WP(C) 28201/2023.
BY ADVS.
K.SASIKUMAR
S.ARAVIND(K/1206/2006)
P.S.RAGHUKUMAR(K/500/2015)
R1-R4,
ADDL.R6
SRI.P.M. SHAMEER, GOVERNMENT PLEADER
&
ADDL.R7
R5 SRI.T.H. ARAVIND
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.28201 of 2023
-:3:-
JUDGMENT
Dated this the 3rd day of April, 2024
The petitioner is stated to be a contractor, engaged to
supply ordinary earth for the construction of the National
Highway between Paravoor and Kottukulangara. He says that
he obtained Ext.P3 Quarrying Permit for such purpose, as also
a Mineral Transit Pass; but that, when he attempted to
transport ordinary soil on 20.08.2023 at 10.00 p.m., the 5 th
respondent, who claims to be a Ward Member, along with his
"Henchmen", obstructed the lorries from leaving the site,
thus constraining him to prefer Ext.P4 complaint before the
3rd respondent. He says that this exaggerated the issue
because the 5th respondent, on being aware of the said
complaint, threatened the petitioner, his workmen as also the
owner of the property that, if they try to continue the work,
they would face serious consequences, being even done away
with it. He, therefore, prays that the 3 rd respondent be
directed to offer him and his employees sufficient police
protection, when they attempt to transport ordinary soil from
the property, on the strength of Ext.P3 quarrying permit.
2. In response of the afore submissions of the learned
counsel for the petitioner - Smt.Salini Lal, the learned counsel
for respondent No.5 - Sri.S.Aravind submitted that this Writ
Petition is no longer relevant because, the petitioner is not in
possession of a valid Transport Pass as of now, nor is he a
position to excavate soil because the Local Self Government
Institutions and the Geologist have already issued Stop
memos. He thus prayed that this writ petition be dismissed.
3. Sri.P.M.Shameer - learned Government Pleader,
submitted that the Police will act as and when the petitioner
obtains necessary Permit for transport of soil and that any
action from the 5th respondent or any other person in violation
of law will be dealt with to the fullest warrant. He added that
law and order in the area has been maintained by the Police
on a continual basis, and that the petitioner and his men will
also be afforded necessary protection to their lives when they
continue with their work, provided they act as per law.
4. In response, Smt.Salini Lal submitted that the Stop
Memo issued by the Local Self Government Institutions has
already been stayed by this Court; while the Geologist did not
issue any such, but only required her client to make certain
modifications to the Mining Plan. She submitted that, as soon
as this is done, her client would obtain the Transit Pass and
thus argued that this Writ Petition is still relevant.
5. It is evident from the afore narrative that, as
matters now stand, the petitioner will not be in a position to
transport ordinary soil, though Ext.P3 Quarrying Permit may
be in force. If he is able to obtain necessary Transit Passes,
based on the modifications to the Mining Plan, as required by
the Geologist, a fresh cause of action may arise.
6. However, that being said, whatever be the cause,
the 5th respondent or any other person acting under him
cannot take law into their own hands, or cause any threat or
intimidation to the petitioner or his workmen. Since this has
been undertaken to be ensured by the learned Government
Pleader, I do not think that this Court is required to issue any
further orders.
7. In the afore circumstances, leaving full liberty to
the petitioner to approach this Court again, as and when he
obtains the Mineral Transit Pass in future, I dispose of this
Writ Petition; directing the 3rd respondent to ensure that law
and order is always maintained in the area in question and
that the petitioner and his workmen are protected from any
threat or intimidation or attack from any person, including the
5th respondent and his men.
Needless to say, any action being carried out by the
petitioner on the strength of valid permits, including Ext.P3,
will also be protected by the Police; though the liberty of the
party respondents to invoke remedies against the same is
fully left open.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
bpr
APPENDIX OF WP(C) 28201/2023
PETITIONER'S EXHIBITS
Exhibit P1 COPY OF THE PURCHASE ORDER ISSUED BY
THE M/S VISWA SAMUDRA ENGINEERING PVT
LTD DATED 9/1/23
Exhibit P2 COPY OF THE LETTER ISSUED BY THE
NATIONAL HIGHWAY AUTHORITIES TO THE
4TH RESPONDENT DATED 11/1/23
Exhibit P3 COPY OF THE QUARRYING PERMIT ISSUED BY
THE 4TH RESPONDENT TO THE PETITIONER
DATED 8/8/23
Exhibit P4 COPY OF THE COMPLAINT BEFORE THE 3RD
RESPONDENT DATED 20/8/23
RESPONDENTS' EXHIBITS
Exhibit R5(e) A TRUE COPY OF THE LETTER DATED
9-2-2015 FORWARDED BY THE REVENUE
DIVISIONAL OFFICER, THRISSUR TO THE
DISTRICT COLLECTOR, PATHANAMTHITTA
Exhibit R5(a) A TRUE COPY OF THE RESOLUTION DATED
30-09-2014 PASSED BY THE KULANADA
GRAMA PANCHAYAT
Exhibit R5(d) A TRUE COPY OF THE LETTER DATED
2-12-2014 FORWARDED BY THE DISTRICT
COLLECTOR, PATHANAMTHITTA TO THE
REVENUE DIVISIONAL OFFICER, ADOOR
Exhibit R5(f) A TRUE COPY OF THE REPRESENTATION
DATED 3-2-2023 FORWARDED BY THE 5TH
RESPONDENT TO THE 4TH RESPONDENT
Exhibit R5(g) A TRUE COPY OF THE REPRESENTATION
DATED 4-2-2023 SUBMITTED BY THE 5TH
RESPONDENT ENDORSED BY OTHER WARD
MEMBERS AND SUBMITTED BEFORE THE
KULANADA GRAMA PANCHAYAT
Exhibit R5(h) A TRUE COPY OF THE RESOLUTION DATED
7-2-2023 PASSED BY THE KULANADA GRAMA
PANCHAYAT
Exhibit R5(i) A TRUE COPY OF THE LETTER DATED
10-02-2023 FORWARDED FROM THE KULANADA
GRAMA PANCHAYAT TO THE DISTRICT
COLLECTOR, PATHANAMTHITTA
Exhibit R5(b) A TRUE COPY OF THE LETTER DATED
4-12-2014 FORWARDED BY THE KULANADA
GRAMA PANCHAYAT TO THE REVENUE
DIVISIONAL OFFICER ADOOR
Exhibit R5(j) A TRUE COPY OF THE LETTER DATED
10-2-2023 FORWARDED BY THE PANCHAYAT
TO THE 4TH RESPONDENT
Exhibit R5(k) A TRUE COPY OF THE LETTER DATED
24-08-2023 FORWARDED BY THE KULANADA
GRAMA PANCHAYAT TO THE DISTRICT
COLLECTOR, PATHANAMTHITTA
Exhibit R5(l) A TRUE COPY OF THE RESOLUTION DATED
22-08-2023 PASSED BY THE KULANADA
GRAMA PANCHAYAT
Exhibit R5(m) A TRUE COPY OF THE RESOLUTION PASSED
IN THE MEETING OF THE BIOLOGICAL
DIVERSITY MANAGEMENT COMMITTEE DATED
23-08-2023
Exhibit R5(n) A TRUE COPY OF THE STOP ORDER DATED
24-8-2023 ISSUED BY THE KULANADA GRAMA
PANCHAYAT TO THE PETITIONER
Exhibit R5(c) A TRUE COPY OF THE REPRESENTATION
DATED 18-11-2014 FORWARDED BY THE
PETITIONER TO THE SECRETARY TO
GOVERNMENT, ENVIRONMENT DEPARTMENT,
THIRUVANANTHAPRUAM
