Kerala High Court
WP(C)/40753/2017 of V.K. JANARDHANAN NAIR Vs THE SUB INSPECTOR OF POLICE on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(C).No. 40753 of 2017 (T) ---------------------------- PETITIONER(S): ------------- V.K. JANARDHANAN NAIR AGED 47
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939WP(C).No. 40753 of 2017 (T) ---------------------------- PETITIONER(S):-------------
V.K. JANARDHANAN NAIR AGED 47 YEARS, S/O. KESAVAN NAIR, VADAKKEPUTHENPURA HOUSE, VARAPPETTI (P.O.), KOTHAMANGALAM, ERNAKULAM DISTRICT.
BY ADVS.SRI.JOBI JOSE KONDODY SRI.P.DEEPAK
RESPONDENT(S):--------------
1. THE SUB INSPECTOR OF POLICE POTHANIKKAD POLICE STATION, POTHANIKKAD (P.O.), KOTHAMANGALAM, ERNAKULAM DISTRICT - 686 671.
2. PALLARIMANGALAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PALLARIMANGALAM GRAMA PANCHAYAT OFFICE, KOOVALLOOR (P.O.), ERNAKULAM DISTRICT - 686 671.
3. THE GEOLOGIST, MINING AND GEOLOGY DISTRICT OFFICE, CIVIL STATION P.O.), KAKKANAD, ERNAKULAM DISTRICT - 682 030. 4. THE ENVIRONMENTAL ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM DISTRICT OFFICE - 2, PERUMBAVOOR (P.O.), ERNAKULAM - 683 542. 5. ABRAHAM VARGHESE, MAMBILLIKUDY HOUSE, PALLARIMANGALAM (P.O.), KOTHAMANGALAM, ERNAKULAM DISTRICT - 686 671. 6. E.S. IBRAHIM, EERAKKAL HOUSE, PIDAVOOR (P.O.), KOTHAMANGALAM, ERNAKULAM DISTRICT - 686 671. 7. NAZAR, MANGALATH HOUSE, PIDAVOOR (P.O.), KOTHAMANGALAM, ERNAKULAM - 686 671.
R4 BY ADV. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, BY GOVERNMENT PLEADER SRI.P.G.PRAMOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS----------------------- EXHIBIT P1 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE ISSUED BYTHE DISTRICT ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, ERNAKULAM TOTHE PETITIONER DATED 09.08.2017.
EXHIBIT P2 A TRUE COPY OF THE CONSENT TO OPERATE ISSUED BY THEFOURTH RESPONDENT TO THE PETITIONER DATED 23.11.2017 VALID UPTO16.11.2018.
EXHIBIT P3 A TRUE COPY OF THE FORM LE-3 LICENSE DATED 22.02.2017VALID UPTP 31.03.2019 ISSUED BY THE JOINT CHIEF CONTROLLER OFEXPLOSIVES, SOUTH CIRCLE, CHENNAI TO THE PETITIONER UNDER THEPROVISIONS OF THE EXPOLOSIVES RULES, 2008.
EXHIBIT P4 A TRUE COPY OF THE D & O LICENSE DATED 07.12.2017VALID UPTO 31.03.2018 ISSUED BY THE SECOND RESPONDENT TO THEPETITIONER FOR OPERATING THE QUARRY OF THE PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE QUARRYING PERMIT IN FORM M DATED11.12.2017 VALID UPTO 10.12.2018 ISSUED BY THE THIRD RESPONDENT TOTHE PETITIONER UNDER THE PROVISIONS OF THE KERALA MINOR MINERALCONCESSION RULES, 2015.
EXHIBIT P6 A TRUE COPY OF THE PETITION DATED 13.12.2017 FILED BYTHE PETITIONER BEFORE THE FIRST RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED13.12.2017 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONEREVIDENCING RECEIPT OF EXHIBIT P6 PETITION.
RESPONDENT(S)' EXHIBITS NIL----------------------- //True Copy//
PS to Judge
A.M. SHAFFIQUE & ASHOK MENON, JJ.
===========================W.P(C) No.40753 of 2017
==================
Dated this, the 29[th] day of December, 2017
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J U D G M E N T
Shaffique, J.
This writ petition has been filed seeking for policeprotection inter alia alleging that though the petitioner has allnecessary licence/permission for conducting a quarry and fortransporting the materials, respondents 5 to 7 are obstructingmovement of goods. Initially, they were obstructing the ingressand egress of vehicles and machineries to and fro to thequarry. Later they started obstructing the vehicle. The buildingstone aggregates are required for PWD works and therefore thepetitioner has approached this Court seeking for policeprotection.
2. Learned Government Pleader submits that the policewill take appropriate action to ensure free movement of goodsfrom the petitioner's quarry.
Writ petition is closed recording the above submission.
Sd/-
A.M. SHAFFIQUE, JUDGE
Sd/-
ASHOK MENON, JUDGE