Kerala High Court
Kannankulavan Kunhumuhammed vs The District Police Chief on 26 October, 2015
Author: A.M.Shaffique
Bench: Ashok Bhushan, A.M.Shaffique
IN THE HIGH COURT OF KERALAATERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2016/21ST MAGHA, 1937
WP(C). No.1875 of 2016 (H)
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PETITIONER(S):-
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KANNANKULAVAN KUNHUMUHAMMED,
S/O.ALAVI HAJI, KOTTEKKAT HOUSE, PULIYAKKODE,
KUZHIMANNA, MALAPPURAM DISTRICT.
BY ADVS.SRI.BABU S. NAIR
SMT.SMITHA BABU
RESPONDENT(S)/RESPONDENTS:-
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1. THE DISTRICT POLICE CHIEF, MALAPPURAM - 676 505.
2. THE CIRCLE INSPECTOR OF POLICE
MANJERI, MALAPPURAM DISTRICT - 676 121.
3. THE SUB INSPECTOR OF POLICE,
AREACODE POLICE STATION,
MALAPPURAM DISTRICT - 679 329.
4. ABOOBACKER SIDDIQUE,
KARIKUNNAN HOUSE, PULIYAKKODE P.O., KUZHIMANNA,
MALAPPURAM DISTRICT - 673 641.
5. IBRAHIM,
S/O.ABDURAHIMAN, PAIKATTUCHALI HOUSE, PULIYAKKODE P.O.,
KUZHIMANNA, MALAPPURAM DISTRICT, PIN - 673 641.
6. K.K.ABDUL SALIM,
S/O.KUNHARAMU, KOTTEKKADAN HOUSE, PUTHIYAKODE P.O.,
KUZHIMANNA, MALAPPURAM DISTRICT - 673 641.
7. ABDUL NAZAR T.K., S/O.MUHAMMED HAJI,
THARUVAKKODAN HOUSE, PULIYAKKODE P.O.,
KUZHIMANNA, MALAPPURAM DISTRICT- PIN - 673 641.
R4 TO R7 BY ADVS. SRI.GILBERT GEORGE CORREYA
SRI.NISHIL.P.S.
........2/-
WP(C). No.1875 of 2016 (H)
:2:
SRI.J.VIMAL
SRI.A.VELAPPAN NAIR
SRI.ANTONY ROBERT DIAS
R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-02-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 1875 of 2016 (H)
APPENDIX
PETITIONER(S)' EXHIBITS:-
P1. TRUE COPY OF THE ORDER ISSUED BY THE SECRETARY TO THE
GOVERNMENT, DEPARTMENT OF INDUSTRIES (A) AS NO.G.O.(MS)153/2014/ID
DATED, 13.11.2014.
P2. TRUE COPY OF THE DEALERS LICENCE ISSUED TO THE PETITIONER BY THE
GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, MANJERI AS
NO.72/2015-16/GR/DOM/M-2409/2015 DATED, 16.10.2015.
P3. TRUE COPY OF THE INDENTURE EXECUTED BY THE PETITIONER DATED,
28.03.2015 AND A COVERING LETTER ISSUED BY THE DIRECTOR OF MINING
AND GEOLOGY, ACKNOWLEDGING THE EXECUTION OF MINING LEASE
DATED, 21.04.2015.
P4. TRUE COPY OF THE CONSENT ISSUED BY THE KERALA STATE POLLUTION
CONTROL BOARD DATED, 07.01.2015.
P5. TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENTS 1 TO 3 DATED, 06.01.2016.
P6. TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 2ND RESPONDENT
DATED, 08.01.2016.
P6(A).TRUE ENGLISH TRANSLATION OF EXHIBIT P6.
P7. TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE 3RD RESPONDENT
DATED, 06.01.2016.
P7(A).TRUE ENGLISH TRANSLATION OF EXHIBIT P7.
RESPONDENT(S)' EXHIBITS:-
R5(A):- TRUE COPY OF MASS PETITION DATED 26.10.2015.
R5(B):- TRUE ENGLISH TRANSLATION OF RELEVANT PORTION EXT.R5(A).
R5(C):- TRUE COPY OF THE PLAN SHOWING THE PROPOSED LATERATE MINING IN R.S
NO.261/3 IN KUZHIMANNA GRAMA PANCHAYAT.
R5(D):- TRUE COPY OF THE RESOLUTION NO.1 OF THE KUZHIMANNA GRAMA
PANCHAYATDATED 4.1.2015.
R5(E):- TRUE ENGLISH TRANSLATION OF EXT.R5(D) RESOLUTION DATED 4.1.2015.
KRJ
//true copy// P.A to Judge
ASHOK BHUSHAN, C.J&
A.M.SHAFFIQUE, J
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W.P(C) No.1875 of 2016
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Dated this the 10th day of February, 2016
JUDGMENT
Shaffique, J This writ petition was filed seeking police protection alleging that obstruction is being caused by respondents 4 to 7 and their men in the matter relating to mining of laterite from the property belonging to the petitioner. The petitioner submits that he is owner in possession of an extent of 1.2850 hectares of land comprised in Sy. No.261/3 part in Block No.33 of Kuzhimanna village, Kondotty taluk, Malappuram district. He had obtained permit from the Mining and Geology Department as per order dated 13.11.2014 by which, he was granted a mining lease. He has also obtained permit for dealers licence in terms of Ext.P2 dated 16.10.2015. Ext.P3 is the letter issued by the Director of Mining and Geology by which, mining lease has been sanctioned in favour of the petitioner. The petitioner WP(C).1875/16 -:2:- has produced mining lease and also other relevant documents to indicate that he is in possession of valid necessary licence for carrying on mining activity. Ext.P4 is the consent to operate issued by the Pollution Control Board. When obstruction was caused, petitioner submitted Ext.P5 complaint to the police authorities and since no action has been taken in the matter, this writ petition has been filed.
2. Counter affidavit has been filed by respondents 4 to 7, inter alia, stating that if the mining activity takes place in the locality it will cause environmental issues and it will also cause depletion of water source. That apart, there are residential buildings within 50 metres of the mining place and that there is a Panchayat road as well. The people in the locality have given a mass representation to the District Collector which is pending consideration and the issue had been taken before the local Panchayat as well. According to the respondents, the Panchayat is taking a serious view in the matter and, WP(C).1875/16 -:3:- therefore, no direction should be issued as prayed for.
3. We have heard learned counsel for the petitioner, learned Government Pleader appearing on behalf of respondents 1 to 3 and the learned counsel appearing for respondents 4 to 7.
4. Having regard to the aforesaid factual situation, it is borne out from the records that the petitioner is having necessary licence/ permission for mining laterite from the property in question. If respondents 4 to 7 have any complaint with reference to the aforesaid licence/permission, they have every right to approach the competent authorities or to challenge the same in appropriate proceedings. They cannot take law into their hands and physically prevent the activities for which the petitioner has necessary permission. If there is any such obstruction it is for the police to ensure maintenance of law and order and also to prevent any such obstruction.
Hence, reserving the right of respondents 4 to 7 to challenge the licence/permission in appropriate proceedings, this writ WP(C).1875/16 -:4:- petition is disposed of as under:
If there is any obstruction from respondents 4 to 7 or their men in the matter relating to mining of laterite and transportation of same by the petitioner, respondents 2 and 3 shall ensure maintenance of law and order and also ensure that no obstruction is caused to the said activity.
Sd/-
ASHOK BHUSHAN CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE JUDGE krj.11/2/16