Kerala High Court
Habeeb Rahman P.M vs The District Police Chief on 6 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 14206 OF 2024
PETITIONER:
HABEEB RAHMAN P.M.
AGED 45 YEARS
S/O.P.M. MUHAMMED, PUTHOORMADATHIL HOUSE, MUKKOM P.O.,
KOZHIKKODE DISTRICT, PIN - 673602
BY ADVS.
BABU S. NAIR
SMITHA BABU
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
VADAKARA RURAL, KOZHIKKODE DISTRICT, PIN - 673101
2 THE STATION HOUSE OFFICER
MUKKOM POLICE STATION, KOZHIKKODE DISTRICT, PIN - 673602
3 VELAYUDHAN T.K.
S/O.KEERAN T.K., THAYATHUMKAVIL HOUSE, KAKKAD,
NELLIKKAPARAMBU P.O., KOZHIKKODE DISTRICT, PIN - 673602
4 SHIJU K.K.
S/O.KEERANKUTTY, ELLANGAL HOUSE, KARUTHAPRAMBA,
NELLIKKAPARAMBA P.O., KAKKAD, KARASSERY, KOZHIKKODE
DISTRICT, PIN - 673602
5 ABDURAHIMAN T.P.
S/O.USSAIN T.P., THARIPALAPARAMBIL HOUSE, KARUTHAPARAMBU,
NELLIKKAPARAMBU P.O., MUKKOM, KOZHIKKODE DISTRICT, PIN -
673602
6 BABU P
S/O.VELAYUDHAN, PANNIKKOTTUTHODI HOUSE, KULANGARA,
KODIYATHOOR, KOZHIKKODE DISTRICT, PIN - 673602
7 MAMMAD K.P.
S/O.AYISHAKUTTY, KOODAMPOYIL, KARASSERY, KAKKAD,
KOZHIKKODE DISTRICT, PIN - 673602
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14206 OF 2024
2
JUDGMENT
The petitioner says that even though he is
operating a stone quarry on the strength of
Exts.P1 to P6 licences/permits, respondents 3 to
7 are obstructing the same illegally and making
certain untenable grounds, which he cannot
accede to. He says that he has, therefore,
preferred Ext.P7 complaint before the 2nd
respondent - Station House Officer, seeking
protection, but which has not been acceded to;
thus constraining him to approach this Court
through this Writ Petition.
2. The files indicate that service of
summons from this Court to respondents 3 to 7
has been validly completed. They, however, have
chosen not to be present in person before this
Court today, or not to be represented through
counsel; and am, therefore, forced to dispose of
WP(C) NO. 14206 OF 2024
this Writ Petition in their absence.
3. The learned Senior Government Pleader -
Smt.Rekha C.Nair, submitted that the police have
already taken cognizance of Ext.P7 complaint and
have made enquiries to discern that the quarry
of the petitioner is not operating now. She
added that, there are certain other issues with
respect to the permits and that the petitioner
has been directed by the competent Authorities
to take and complete rectificatory actions.
She, however, added that the petitioner and
their employees will be given adequate and
effective protection from every threat - be that
the party respondents or otherwise - and that
they can continue with the quarrying operations,
provided they follow law and on the strength of
all licences and consents.
4. In response, however, Sri.Babu S.Nair -
WP(C) NO. 14206 OF 2024
learned counsel for the petitioner, submitted
that every consent as is required for his
client, is already available with him; and
therefore, that the afore submissions of the
learned Government Pleader are not accurate.
Taking note of the afore submissions, I
allow this Writ Petition, directing the 2nd
respondent - Station House Officer, to ensure
that the lives of the petitioner and their
employees are adequately protected from every
threat be that from the party respondents or any
other persons. He shall also ensure that the law
and order is always maintained and that no one
is allowed to take law into their own hands.
As far as the operation of the quarry is
concerned, the police will ensure that it is
being done on the strength of all valid licences
and consents; and should they find any
WP(C) NO. 14206 OF 2024
violation, they will be at liberty to report it
to the competent Authorities for necessary
action.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 14206 OF 2024
APPENDIX OF WP(C) 14206/2024
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE QUARRYING LEASE ISSUED TO
THE PETITIONER DATED, 8-2-2021
Exhibit P2 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE
NO.23/2018 ISSUED BY THE STATE ENVIRONMENT
IMPACT ASSESSMENT AUTHORITY, KERALA DATED, 23-
2-2018
Exhibit P3 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE
ISSUED BY THE KERALA STATE POLLUTION CONTROL
BOARD DATED, 13-3-2023
Exhibit P4 A TRUE COPY OF THE LICENCE ISSUED TO THE
PETITIONER BY THE KODIYATHOOR GRAMA PANCHAYATH
DATED, 14-3-2023
Exhibit P5 A TRUE COPY OF THE EXPLOSIVE LICENCE ISSUED BY
THE DEPUTY CHIEF CONTROLLER OF EXPLOSIVES,
KOCHI DATED, 28-10-2019
Exhibit P6 A TRUE COPY OF THE ORDER OF THE GEOLOGIST,
ISSUING MOVEMENT PERMIT TO THE PETITIONER
DATED, 27-2-2023
Exhibit P7 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED, 2-
4-2024
Exhibit P8 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE
2ND RESPONDENT ON RECEIPT OF EXHIBIT P7,
DATED, 2-4-2024
