Kerala High Court
S. Udayan vs District Superintendent Of Police on 5 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:18827
W.P.(C)No.43120 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
WP(C) NO. 43120 OF 2024
PETITIONER:
S. UDAYAN
AGED 48 YEARS
S/O SUKUMARAN, NAVAMI, KAYILA, POOYAPPALLY,
KOLLAM, PIN - 691537
BY ADVS.
SREERAJ M.D.
RAHUL S.R.
NEELANJANA NAIR
RESPONDENTS:
1 DISTRICT SUPERINTENDENT OF POLICE
KOLLAM RURAL, TB JUNCTION, KOTTARAKKARA,
PIN - 691506
2 THE STATION HOUSE OFFICER
POOYAPPALLY POLICE STATION, POOYAPPALLY, KOLLAM,
PIN - 691537
3 JALEEL
AGED 50 YEARS
S/O ABDUL KAREEM, ASIYA MANZIL, MUTHAYIL,
MANKODU, CHITHARA, KOLLAM, PIN - 691559
4 SAJEER
AGED 44 YEARS
S/O IZAHAK, SEENA MANZIL, THUMBODU, KALLARA,
VAMANAPURAM, THIRUVANANTHAPURAM, PIN - 695608
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W.P.(C)No.43120 of 2024
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5 SULAIMAN
AGED 47 YEARS
SO/ ALIYARKUNJU, SAFEELA MANZIL, RANOOR,
VELINALLOOR, KOLLAM, S/O ALIYARKUNJU, SAFEELA
MANZIL, RANOOR, VELINALLOOR, KOLLAM,
PIN - 691510
6 IRSHAD
AGED 34 YEARS
S/O HAMID, NELLIKKATTIL PUTHEN VEEDU, KONDODI,
KUMMIL, MANKODU, KOLLAM, PIN - 691536
7 ANZAR
S/O NAZARUDEEN, ANZAR MANZIL, MEEYANA,
VELINALLOOR, KOLLAM, PIN - 691510
8 MUHAMMAD NABEEL
S/O IBRAHIMKUTTY, NABEEL MANZIL, NETTAYAM,
VELINALLOOR, KOLLAM, PIN - 691510
9 MUHAMMAD SUHAIL
AGED 22 YEARS
S/O SHIBU,. DARUL SALAM, MEEYANA, VELINALLOOR,
KOLLAM., PIN - 691510
10 SIYAD
AGED 34 YEARS
S/O USMAN, MAVILA HOUSE, MEEYANA, VELINALLOOR,
KOLLAM, PIN - 691510
11 YOUNUS KUNJU
AGED 48 YEARS
S/O ALIYARU, POYKAVILA VEEDU, AMBALAMKUNNU,
VELINALLOOR, KOLLAM, PIN - 691537
12 NOUSHAD
AGED 44 YEARS
S/O MUSTHAFA, VILAYIL VEEDU, MEEYANA,
VELINALLOOR, KOLLAM, PIN - 691510
13 SANOJ SETTU
AGED 47 YEARS
S/O ISMAYIL SETTU, DARUL AMAN, KS PURAM,
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W.P.(C)No.43120 of 2024
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KARUNAGAPPALLY, KS PURAM, KOLLAM., PIN - 690528
14 NAFEER
AGED 44 YEARS
S/O SAINULABUDEEN, NAFEER MANZIL, ADAYARA,
OYOOR, VELINALLOOR, KOLLAM, PIN - 691510
15 RIYAS
S/O JALALUDEEN, KIZHAKKUMKARA, PUTHEN VEEDU,
KARINGANOOR, VELINALLOOR, KOLLAM, PIN - 691510
16 ANSHAD
AGED 30 YEARS
S/O HAKKIM, ANSHAD MANZIL, OYOOR, VELINALLOOR,
KOLLAM., PIN - 691510
17 SHAJAD
AGED 43 YEARS
S/O ABDUL AZEEZ, CHARUVILA VEEDU, NETTAYAM,
VELINALLOOR, KOLLAM., PIN - 691537
18 SHAHEER
AGED 43 YEARS
S/O NAZARUDEEN, SALSABEEL, KALAVAYAL, OYOOR,
VELINALLOOR, KOLLAM, PIN - 691510
19 SHAIJU S
AGED 44 YEARS
S/O BASHEER, PANAYIL VEEDU, CHENKOOR,
AMBALAMKUNNU, VELINALLOOR, KOLLAM, PIN - 691537
20 ADDL.R20
CHAIRMAN,
KERALA HEAD LOAD WORKERS WELFARE BOARD, KOLLAM
DISTRICT COMMITTEE II FLOOR, USHUS BLDG, NEAR
STONE BRIDGE, CHAMAKKADA, KOLLAM, PIN - 691001
(ADDL.R20 IS IMPLEADED AS PER ORDER DATED 03-02-
2025, IN IA 1/2025, IN WPC 43120/2024)
BY ADVS.
P.K.IBRAHIM
K.P.AMBIKA(A-656)
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W.P.(C)No.43120 of 2024
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ZEENATH P.K.(K/001999/2023)
JABEENA K.M.(K/002008/2023)
ANAZ BIN IBRAHIM(K/2796/2023)
PRADEEP KUMAR A.(K/001196/2024)
K.SIJU
GP - SRI AJITH VISWANATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C)No.43120 of 2024
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C.S.DIAS,J
--------------------------------------------
W.P.(C).No. 43120 of 2024
---------------------------------------------
Dated this the 5th day of March, 2025
JUDGMENT
The writ petition is filed to direct the
respondents 1 and 2 to afford adequate police
protection to the life and property to the petitioner to
carry on the quarrying operations from the
obstructions being made by the party respondents.
2. When the writ petition came up for
consideration on 20.02.2025, this Court directed the
learned Government Pleader to ascertain whether
any stop memo has been issued by the Geologist
against the quarrying activities.
3. Heard; the learned counsel for the
petitioner and the learned Government Pleader.
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4. The learned Government Pleader handed
over the report of the District Geologist dated
24.02.2025, wherein it is stated that, based on the
complaint received by him and after conducting the
site inspection, it was found that, the permit holder
had violated the permit conditions of Form M of the
Kerala Minor and Mineral Concession Rules 2015.
Accordingly, on 18.01.2025, a stop memo has been
issued to the permit holder because the permit
holder has mined more granite from the area. The
concession is suspended and will be renewed only
after all pending dues are paid to towards the
Government.
5. In the light of the above report, the writ
petition is dismissed, without prejudice to the right
of the petitioner to approach this Court again once
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his permit is renewed and if the quarrying activities
are obstructed by the party respondents.
The writ petition is ordered accordingly.
Sd/-
C.S. DIAS, JUDGE
SCB.05.03.25.
2025:KER:18827
APPENDIX OF WP(C) 43120/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PERMIT ISSUED BY
THE DEPARTMENT OF MINING AND GEOLOGY,
KOLLAM DISTRICT DATED 15.10.2024
Exhibit P2 THE TRUE COPY OF THE VALID CONSENT
ISSUED TO THE PETITIONER BY THE
POLLUTION CONTROL BOARD DATED
06.05.2024
Exhibit P3 THE TRUE COPY OF THE VALID LICENSE
ISSUED BY THE PANCHAYATH IN FAVOUR OF
THE PETITIONER DATED 10.07.2024
Exhibit P4 THE TRUE COPY OF THE E-MINERAL TRANSIT
PASS DATED 29.10.2024
Exhibit P5 THE TRUE COPY OF THE FIR REGISTERED
AGAINST RESPONDENTS 3 TO 19 HEREIN AS
CRIME NO. 1282/2024 OF POOYAPPALLY
POLICE STATION DATED 09.11.2024
Exhibit P6 THE TRUE COPY OF THE COMPLAINT
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 12.11.2024
Exhibit P7 THE TRUE COPY OF THE COMPLAINT RECEIPT
DATED 13.11.2024
RESPONDENT EXHIBITS
Exhibit-R3(A) True copy of the Request dated
02.11.2024 made by the SDTU
Chadayamangalam Area Committee
Exhibit-R3(B) True copy of the photographs taken in
the incident happened on 09.11.2024
Exhibit-R3(C) True copy of the FIR No.1284/2024 dated
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09.11.2024 registered by the
Pooyappally Police Station
Exhibit-R3(D) True copy of the judgement dated
07.08.2024 in W.A.No.1089/2024
