M/S Brothers Stone Crusher vs The State Of Kerala
2025 Latest Caselaw 247 Ker

Kerala High Court

M/S Brothers Stone Crusher vs The State Of Kerala on 2 June, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2025:KER:38427




        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

 MONDAY, THE 2ND DAY OF JUNE 2025 / 12TH JYAISHTA, 1947

                WP(C) NO. 12171 OF 2025

PETITIONER:

         M/S BROTHERS STONE CRUSHER
         KALLARATTIKKAL, URANGATTIRI POST,
         AREACODE VIA, MALAPPURAM DISTRICT,
         REPRESENTED BY ITS PARTNER RISHAD. K.V
         AGED 42 YEARS, S/O ALI K.V, MUTHOD HOUSE,
         VALILAPUZHA POST, AREECODE VIA,
         MALAPPURAM DISTRICT., PIN - 673639


         BY ADV SRI.JESWIN P.VARGHESE


RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
         TRIVANDRUM, PIN - 695001

    2    THE DISTRICT POLICE CHIEF
         MALAPPURAM POST, ERNAKULAM DISTRICT.,
         PIN - 676505

    3    THE DEPUTY SUPERINTENDENT OF POLICE
         (LAW & ORDER)
         KONDOTTY POST, MALAPPURAM POST.,
         PIN - 673638

    4    THE STATION HOUSE OFFICER
         AREECODE POLICE STATION, AREECODE POST,
         MALAPPURAM DISTRICT, PIN - 673639
                                            2025:KER:38427
WP(C) No.12171 of 2025
                          2
    5    SREEDHARAN. C
         AGED 44 YEARS
         S/O CHELLY. C, CHERUVADY HOUSE,
         VADAKKUM MURI, URANGATTIRI POST,
         AREACODE VIA, MALAPPURAM DISTRICT.,
         PIN - 673639

    6    SHERIFF. K. KALAMPARAMBIL
         AGED 46 YEARS
         S/O SAIDALAVI. K, KALAMPARAMBIL HOUSE,
         PAROTTICHALIL, URANGATTIRI POST, AREACODE VIA,
         MALAPPURAM DISTRICT., PIN - 673639

         BY ADV.
         SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 02.06.2025, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
                                                        2025:KER:38427
WP(C) No.12171 of 2025
                                 3

                            JUDGMENT

Dated this the 2nd day of June, 2025

The petitioner, who is holding licence to run a

Crusher Unit, has approached this Court seeking the

following relief:

"Issue a writ of mandamus or any other appropriate writ or order directing respondents 2 to 4 to provide meaningful and effective police protection to ensure free and comfortable movement of goods vehicles through Kallarittikkal- Kinaradappan Road which are moving from and towards petitioner's Crusher Unit, from the threats raised by respondents 5 and 6 and their associates."

2. When this writ petition came up for

admission, this Court passed an interim order on 01.04.2025

to the following effect:

"The learned Government Pleader submits that the petitioner has all the requisite licences and since Ext.P9 order has been stayed by this Court as per Ext.P12 interim order, there is no legal impediment for the petitioner to function the metal crusher unit.

In the light of the above submission, issue notice by speed post to the respondents 5 and 6.

On a consideration of the facts and the materials on record, I am satisfied that the 2025:KER:38427

petitioner is entitled for an ad-interim order. Hence, I direct the 4th respondent to afford adequate police protection to the petitioner to transport the materials through the Kallarittikkal- Kinaradappan Road, without any threats being caused by the party respondents."

3. Counsel for the petitioner would urge that the

petitioner is holding all requisite licences to run the Crusher

Unit and respondents 5 and 6 have no right to obstruct the

activities of the petitioner.

4. Though notice was issued to respondents 5

and 6, there is no appearance for the respondents when the

case is called today.

Considering the facts of the case, the writ petition is

disposed of confirming the interim order dated 01.04.2025.

Sd/-

N.NAGARESH JUDGE spk 2025:KER:38427

APPENDIX OF WP(C) 12171/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF LICENSE NO.

400862/RPTL20/GPO/ 2023/2675 ISSUED BY 1ST RESPONDENT PANCHAYAT DATED 08.05.2023 Exhibit P2 A TRUE COPY OF CERTIFICATE OF REGISTRATION NO. 03/2024-25/DOMAL- DMG/2434-M ISSUED BY THE DISTRICT GEOLOGIST, MALAPPURAM DATED 12.07.2024 Exhibit P3 A TRUE COPY OF DEALERS LICENSE NO.

48/2024-25/ GR/DOMAL-DMG/2483-M ISSUED BY DISTRICT GEOLOGIST, MALAPPURAM DATE 17.07.2024 Exhibit P4 A TRUE COPY OF LICENSE ISSUED BY THE DEPARTMENT OF FACTORIES & BOILERS UNDER REGISTRATION NO. N/D15/MLP/ 08/1599/2017 DATED 02.08.2017 Exhibit P5 A TRUE COPY OF INTEGRATED CONSENT TO OPERATE ISSUED BY ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, MALAPPURAM UNDER FILE NO. PCB/MLPM/ICO /R2/6202/2023 DATED 20.09.2023 Exhibit P6 A TRUE COPY OF THE FIR REGISTERED AS CRIME NO. 159/2025 AT AREECODE POLICE STATION IN MALAPPURAM DISTRICT DATED 08.02.2025 Exhibit P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 10.03.2025 Exhibit P8 A TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10.03.2025 Exhibit P9 A TRUE COPY ORDER NO.

400862/DGOP03/GPO/ 2025/571(1) PASSED BY URANGATTIRI GRAMA PANCHAYAT DATED 12.03.2025 Exhibit P10 A TRUE COPY GOVT. ORDER (P) NO.

59/2015/TRAN DATED 29.09.2015 2025:KER:38427

Exhibit P11 A TRUE COPY RELEVANT PAGE OF THE ASSET REGISTER OF URANGATTIRI GRAMA PANCHAYAT Exhibit P12 A TRUE COPY THE INTERIM ORDER PASSED IN WP(C) NO. 11097/2025 DATED 20.03.2025