Kerala High Court
C.G.George vs The District Police Chief on 23 November, 2016
Author: Antony Dominic
Bench: Antony Dominic, Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY, THE 9TH DAY OF OCTOBER 2017/17TH ASWINA, 1939
WP(C).No. 13291 of 2017 (J)
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PETITIONER(S):
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C.G.GEORGE,
S/O.GEORGE, CHITTATH VEEDU,
KUTHUPARAMBA, KANNUR.670 643.
BY ADVS.SRI.P.K.SURESH KUMAR (SR.)
SRI.RAJU K.MATHEWS
SRI.GEORGE MECHERIL
SRI.JOBY JOSEPH
SRI.M.A.FIROZ
RESPONDENT(S):
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1. THE DISTRICT POLICE CHIEF,
KANNUR.670 002.
2. THE DEPUTY SUPERINTENDENT OF POLICE,
THALASSERY, KANNUR DISTRICT.670 301.
3. THE CIRCLE INSPECTOR OF POLICE,
PANOOR, KANNUR DISTRICT.670 361.
4. THE STATION HOUSE OFFICER,
KOLAVALALUR, KANNUR DISTRICT.
5. THE STATION HOUSE OFFICER
PANOOR, KANNUR DISTRICT.670 592.
6. P.K.CHATHU @ ALAKKADAN CHATHU,
S/O.KRISHNAN, PUTHALATHU KUNIYIL HOUSE,
CHENDAYADU P.O., PANOOR (VIA),
KANNUR DISTRICT.670 592.
WP(C).No. 13291 of 2017 (J)
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7. MANEESH
V/127, ETTUVETTIL HOUSE,
CHAMPAD (P.O), THALASSERRY,
KANNUR DISTRICT.670 694.
R7 BY ADV. SRI.C.P.PEETHAMBARAN
R6 BY ADV. SRI.G.SREEKUMAR (CHELUR)
R BY SRI P.P. THAJUDEEN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13291 of 2017 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED ON
8.4.2016 IN FAVOUR OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 23.11.2016
NO.PCB/RO/KNR/IC/114/2011.
EXHIBIT P3 TRUE COPY OF THE D & O LICENCE ISSUED BY THE GRAMA
PANCHAYAT ON 11.4.2016 VALID UPTO 30.3.2017.
EXHIBIT P4 A TRUE COPY OF THE ORDER NO.609/2016-17/10762/M3/2015
DATED 21.12.2016.
EXHIBIT P5 A TRUE COPY OF THE QUARRYING LEASE DEED EXECUTED ON
28.12.2016.
EXHIBIT P6 A TRUE COPY OF THE LICENCE IN FORM LE-3 LICENCE UNDER THE
EXPLOSIVE RULES ON 23.8.2016 ISSUED BY THE JOINT CONTROLLER OF
EXPLOSIVES.
EXHIBIT P7 A TRUE COPY OF THE D & O LICENCE FOR CONDUCTING QUARRY IN
THE LAND COVERED BY EXHIBIT P5 LEASE DEED UP TO 31.3.2017 ISSUED BY THE
GRAMA PANCHAYAT.
EXHIBIT P8 A TRUE COPY OF THE ENVIRONMENTAL CLEARANCE CERTIFICATE
NO.75/2016 ISSUED TO THE PETITIONER.
EXHIBIT P9 A TRUE COPY OF THE QUARRYING LEASE EXECUTED ON 16.1.2010
FOR A PERIOD OF 12 YEARS VALID UP TO 15.1.2022.
EXHIBIT P10 TRUE COPY OF THE ORDER OF THE DIRECTOR OF MINING AND
GEOLOGY VIDE HIS PROCEEDINGS NO.504/2009-10/9868/M3/2009 DATED
5.1.2010.
EXHIBIT P11 A TRUE COPY OF THE EXPLOSIVE LICENCE OBTAINED FROM THE
DEPUTY CHIEF CONTROLLER OF EXPLOSIVE ON 11.1.2010 IN FORM LE-3.
EXHIBIT P12 A TRUE COPY OF THE D & O LICENCE FOR THE PERIOD FROM
27.2.2017 TO 31.3.2017 ON 27.2.2017 ISSUED BY THE GRAMA PANCHAYAT.
EXHIBIT P13 A TRUE COPY OF THE CONSENT TO OPERATE THE QUARRY UPTO
31.7.2019.
EXHIBIT P14 A TRUE COPY OF THE ORDER OF THE TAHSILDAR, THALASSERRY
DATED 16.6.2016.
WP(C).No. 13291 of 2017 (J)
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EXHIBIT P15 A TRUE COPY OF THE G.O.(RT.)NO.367/16/ID DATED 14.4.2016.
EXHIBIT P16 A TRUE COPY OF THE ORDER DATED 29.4.2016 IN W.A.NO.885/2016
OF THIS HON'BLE COURT.
EXHIBIT P17 A TRUE COPY OF THE COMPLAINT AGAINST RESPONDENTS 6 AND 7
EXPLAINING THE MODE OF THREAT EXERTED AT THEIR INSTANCES ON 20.3.2017
FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P18 A TRUE COPY OF THE COMPLAINT DATED 5.4.2017 FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT AND COPY TO RESPONDENTS 3 TO 5.
EXHIBIT P19: TRUE COPY OF THE D&O LICENCE FOR THE CURRENT FINANCIAL YEAR
VIDE ORDER DATED 27.04.2017.
EXHIBIT P20: TRUE COPY OF THE D&O LICENCE ISSUED FOR THE PERIOD FROM
01.04.2017 TO 31.03.2018.
EXHIBIT P21: TRUE COPY OF THE D&O LICENCE ISSUED FOR RUNNING THE
CRUSHER UNIT.
EXHIBIT P22: TRUE COPY of the ORDER DATED 11.04.2017 IN I.A. NO.1072/2017 IN
O.S.NO. 112/2017 OF THE MUNSIFF'S COURT, KUTHUPARAMBA.
EXHIBIT P23: TRUE COPY OF THE JUDGMENT DATED 23.05.2017 IN W.A. NO.
885/2016.
EXHIBIT P24: TRUE COPY OF THE COUNTER AFFIDAVIT FILED ON 16.03.2015
AGAINST R6(h) COMPLAINT.
EXHIBIT P25: TRUE COPY OF THE JUDGMENT DATED 16.08.2013 IN O.S. NO.
418/2011.
EXHIBIT P26: TRUE COPY OF THE JUDGMENT DATED 03.04.2014 IN O.S.NO. 4/2012.
EXHIBIT P27: TRUE COPY OF THE JUDGMENT IN O.S. NO. 128/2014.
RESPONDENT(S)' EXHIBITS
EXT.R6(a) : TRUE COPY OF THE JUDGMENT DATED 30.03.2015 IN O.S.NO.
342/1991 PASSED BY THE COURT OF THE SUBORDINATE
JUDGE, THALASSERY.
WP(C).No. 13291 of 2017 (J)
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EXT.R6(b) : TRUE COPY OF THE C11 PLAN DATED 10.10.2013 FILED BY THE
ADVOCATE COMMISSION IN OS 342/1991.
EXT.R6(c) : TRUE COPY OF THE C12 PLAN DATED 10.10.2013 SUBMITTED
BY THE ADVOCATE COMMISSIONER IN OS 342/1991.
EXT.R6(d) : TRUE COPY OF THE C13 PLAN DATED 23.07.2014 SUBMITTED
BY THE ADVOCATE COMMISSIONER IN OS 342/1991.
EXT.R6(e) : TRUE COPY OF THE MINING LEASE AGREEMENT DATED
16.01.2010 EXECUTED BETWEEN PETITIONER AND
GEOLOGIST, DISTRICT OFFICE, KANNUR.
EXT.R6(f) : TRUE COPY OF THE INTERIM ORDER DATED 26.04.2016 IN
W.P.(C) NO. 15700/2016.
EXT.R6(g) : TRUE COPY OF THE COMPLAINT DATED 16.03.2017 TOGETHER
WITH RECEIPT.
EXT.R6(h) : TRUE COPY OF THE COMPLAINT NO.299/15 FILED BEFORE THE
LOK AYUKTHA FILED BY THE 6TH RESPONDENT.
EXT.R6(i) : TRUE COPY OF THE REPLY ISSUED BY THE GEOLOGIST, MINING
AND GEOLOGY DEPARTMENT, DISTRICT OFFICE, KANNUR TO
SRI KUNHIKRISHNAN NAMBIAR.
EXT.R7(a) : TRUE COPY OF THE ORDER DATED 25.04.2016 IN CMP
NO.12/2016 OF ENQUIRY COMMISSIONER AND SPECIAL
JUDGE, THALASSERY.
EXT.R7(b) : TRUE COPY OF THE ORDER DATED 23.02.2016 IN CMP
NO.1/2016 OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE,
THALASSERY.
EXT.R7(c) : TRUE COPY OF THE ORDER DATED 08.06.2016 IN CMP
NO.407/2016 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT,
THALASSERY.
EXT.R7(d) : TRUE COPY OF THE REPORT OF THE SECRETARY, DISTRICT
LEGAL SERVICE AUTHORITY, KANNUR.
EXT.R7(e) : TRUE COPY OF THE REPORT APPEARED IN DECCAN CHRONICLE
DATED 22.03.2017.
EXT.R7(f) : TRUE COPY OF THE PLAINT IN O.S. NO. 112/2017 OF MUNSIFF
COURT, KUTHUPARAMBA.
EXT.R7(g) : TRUE COPY OF COMMISSIONER'S REPORT DATED 29.03.2017
IN THE ABOVE O.S. NO.112/2017
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
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W.P.(C) No. 13291 of 2017 (J)
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Dated this the 9th day of October, 2017.
JUDGMENT
Antony Dominic,J.
The petitioner is a lessee of two quarries. Exts.P5 and P9 are the lease deeds. He has also obtained necessary licences for the quarries in question. In addition to the quarries, there is also a crusher unit, which also is operated on the strength of necessary licences. He has filed this writ petition contending that the functioning of the quarries and the crusher unit are being obstructed by respondents 6 and 7 and their men.
2. We heard the learned Senior Counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the party respondents. The grievance of the party respondents appears to be that insofar as Ext.P9 lease deed is concerned, the lessor did not have title over the property comprised in Survey No. 151/1 of Puthoor Village of Thalassery Taluk. Insofar as the property in Survey No. 150/1 of the aforesaid village is concerned, it W.P.(C) No. 13291/2017 -2- is contended that the neighbouring property belongs to the 6th respondent, and that he has certain disputes with the lessor. Further it is submitted that he has already instituted proceedings seeking cancellation of the licences that are granted to the quarries.
3. As things now stand, the petitioner is operating the quarries on the strength of Exts.P5 and P9 lease deeds and the licences that are granted by the statutory authorities. Similar is the case with respect to the crusher unit also. If with regard to the property where these activities are carried on the party respondents have any dispute, it is up to them to get their grievances worked out in accordance with law either by moving statutory authorities or the civil court as the case may be. Until such remedies are worked out in accordance with law, they cannot cause any obstruction to the normal functioning of the quarries and the crusher unit of the petitioner. Accordingly, it is directed that while it will be open to respondents 6 and 7 to have their grievances worked out in accordance with law, if the functioning of the quarries or the crusher unit is obstructed by the party respondents or their men, it would be open to the petitioner to report W.P.(C) No. 13291/2017 -3- the matter to respondents 2, 3 or 4, who thereupon shall afford adequate and effective police protection to the petitioner.
With the above observations, this writ petition is disposed of.
ANTONY DOMINIC, JUDGE.
DAMA SESHADRI NAIDU, JUDGE.
Rv W.P.(C) No. 13291/2017 -4-