Kerala High Court
M.S.Biju, S/O.C.Muraleedharan vs State Police Chief on 3 June, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:39014
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947
WP(C) NO. 36254 OF 2024
PETITIONER:
M.S.BIJU, S/O.C.MURALEEDHARAN
AGED 53 YEARS
ASWATHY, VELIYAM WEST P.O,
VELIYAM VILLAGE, KOTTARAKARA TALUK,
KOLLAM, PIN - 691540
BY ADVS.
SRI.B.MOHANLAL
SMT.P.S.PREETHA
SRI.ASWIN V. NAIR
SRI.KARTHIK J SEKHAR
SRI.ABIJITH M.
SMT.JAYAPRABHA ARJUN
SMT.PRAVEENA T.
RESPONDENTS:
1 STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
2 THE DISTRICT POLICE CHIEF
KOLLAM RURAL, KOTTARAKKARA P.O.,
KOLLAM, PIN - 691506
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2
3 THE DEPUTY SUPERINTENDENT OF POLICE
KOLLAM RURAL, KOTTARAKKARA P.O.,
KOLLAM, PIN - 691506
4 THE STATION HOUSE OFFICER
POOYAPPALLY POLICE STATION,
POOYAPPALLY P.O., KOLLAM,
PIN - 691537
5 JALALUDEEN K.,
S/O.KUNJU MAIDEENKUNJU
CHARUVILA PUTHEN VEEDU,
VELIYAM (WEST) P.O., KOLLAM,
PIN - 691509
6 K.ASSANARU KUNJU,S/O.KUNJETHU KUNJU
GARDEN HILL, ALIMUKKU,
VELIYAM WEST P.O., VELIYAM VILLAGE,
KOTTARAKKARA, KOLLAM,
PIN - 691540
7 A.SABU, S/O.ASSANARU KUNJU
GARDEN HILL, ALIMUKKU,
VELIYAM WEST P.O., VELIYAM VILLAGE,
KOTTARAKKARA, KOLLAM, PIN - 691540
BY ADV.
SRI.JOBI JOSE KONDODY
SRI.RAJEEV JYOTHISH GEORGE,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO.36254 of 2024
3
JUDGMENT
Dated this the 3rd day of June, 2025
The petitioner states that the petitioner and his family is
residing adjacent the quarry run by the 5th respondent. The
Statutory Authorities issued permission and clearance to the
5th respondent to conduct the quarrying operations, contrary to
the provisions of the Kerala Minor Mineral Construction Rules,
Kerala Irrigation and Water Conservation Act, 2003, the
Kerala Panchayath Raj Act and other statutory provisions.
2. The petitioner along with Sri.Shaji filed
W.P.(C) No.17994/2023 against the Environmental Clearance
dated 01.12.2022 issued by the State Level Environment
Impact Assessment Authority, Kerala. This Court by Ext.P2
judgment disposed the writ petition directing the State Level
Environment Impact Assessment Authority to take up the
request submitted by the petitioner and Sri.Shaji in the writ
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petition and place the matter on the next meeting of the
authority and to take a decision on the application within two
months after hearing the parties.
3. The State Level Environment Impact Assessment
Authority took up the matter in the 144th meeting and passed
Ext.P3 order holding that the 5th respondent shall commence
the mining activity only after getting No Objection Certificate
from the Irrigation / Water Authority Department in compliance
of Section 40(2) of the Kerala Irrigation and Water
Conservation Act, 2003 as ordered by this Court.
4. The petitioner along with Sri.Shaji are agitating
against the conduct of quarrying operations of the 5th
respondent. The 5th respondent is having criminal background
and has dubious track records. He assaults and threatens the
life of the persons, using goondas. Respondents 6 and 7 and
other anti-social elements in the locality attacked the petitioner
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with deadly weapons.
5. The 4th respondent registered Ext.P7 crime against
respondents 5 to 7 and other identified persons. The petitioner
and his family is under threat from respondents 5 to 7 and
their henchmen. Though the petitioner filed Exts.P8 and P9
before respondents 2 and 4 requesting to grant police
protection to the life of the petitioner and his family, no action
is forthcoming, contends the petitioner.
6. Government Pleader entered appearance on behalf
of respondents 1 to 4 and resisted the writ petition. The
Government Pleader submitted that there is a dispute relating
to conduct of quarry by the 5th respondent. There are a large
number of criminal complaints and counter cases are also
registered.
7. Heard.
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8. The allegation of the petitioner is that respondents
5 to 7 and their henchmen are threatening the petitioner.
According to the petitioner, the conduct of the quarry is illegal.
It is evident from the pleadings that on receipt of complaints,
the police is registering FIR and causing investigation into the
crimes. In the circumstances, I do not find any necessity to
give a direction to afford police protection to the life of the
petitioner.
The writ petition is disposed of directing the 4 th
respondent to ensure law and order in the area. If the
petitioner brings to the notice of the 4 th respondent any
specific instance of crime, the 4th respondent shall take
necessary action in accordance with law.
Sd/-
N.NAGARESH
JUDGE
hmh
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APPENDIX OF WP(C) 36254/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMMUNITY
CERTIFICATE NO:29055986 DATED
23/11/2017 ISSUED BY THE TAHASILDAR,
TALUK OFFICE, KOLLAM TO THE PETITIONER
Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED
11/04/2024 IN W.P.(C)NO:17994/2023 OF
THIS HON'BLE COURT
Exhibit P3 THE TRUE COPY OF THE RELEVANT PAGES OF
THE MINUTES IN ITEM NO:147.21 IN THE
144TH MEETING HELD ON 27, 28 AUGUST
2024 OF THE STATE LEVEL ENVIRONMENT
IMPACT ASSESSMENT AUTHORITY KERALA,
THIRUVANANTHAPURAM
Exhibit P4 THE TRUE COPY OF THE APPLICATION DATED
09/10/2024 FILED BY THE PETITIONER
BEFORE THE SENIOR GEOLOGIST, MINING
AND GEOLOGY DEPARTMENT, ASRAMAM,
KOLLAM
Exhibit P5 THE TRUE COPY OF THE APPLICATION DATED
09/10/2024 FILED BY THE PETITIONER
BEFORE THE DIRECTOR, MINING AND
GEOLOGY, THIRUVANANTHAPURAM
Exhibit P6 THE TRUE COPY OF THE APPLICATION DATED
09/10/2024 FILED BY THE PETITIONER
BEFORE THE EXECUTIVE ENGINEER, MINOR
IRRIGATION, KOLLAM
Exhibit P7 THE TRUE COPY OF THE FIR IN CRIME
NO:1143/2024 OF POOYAPPALLY POLICE
STATION DATED 08/10/2024
Exhibit P8 THE TRUE COPY OF THE COMPLAINT DATED
10/10/2024 FILED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT AND ITS
RECEIPT
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Exhibit P9 THE TRUE COPY OF THE COMPLAINT AND
10/10/2024 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT AND ITS
RECEIPT
