K.M. Varghese and Others v. Circle Inspector of Police, Meenangadi, S.I.O. of Police, Meenangadi, Roy K. Mathew, Mohanan and Meenangadi Grama Panchayat

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 15927 of 2008(U) -------------------------- PETITIONERS: ------------ 1. K.M.VARGHESE, AGED 42, S/O.MATHAI, KUNNUMPURATH, RATTAKUNDU, KUMBLERI P.O., PIN 673 591. 2. K.GOPALAKRISHNAN, AGED 51, S/O. AYYAPPAN, KARUKULATHIL, MUTTIL P.O, PIN 673 521. 3. K.P. JOY, AGED 38, S/O. PAULOSE, KAROTTEKUZHUVELI, KRISHNANGIRI, KUMBLERI P.O. BY ADV. SRI.ABRAHAM P.GEORGE SMT.K.V.LEKSHMY RESPONDENTS: ------------- 1. CIRCLE INSPECTOR OF POLICE , MEENANGADI, WAYANAD DISTRICT. 2. S.I.OF POLICE, MEENANGADI, WAYANAD DISTRICT. 3. ROY K.MATHEW, AGED ABOUT 36 YEARS S/O. MATHAI, KOZHALIL HOUSE, KUMBLERI P.O. PIN 673 591. 4. MOHANAN, AGED ABOUT 34 YEARS, S/O. KUTTAPPAN, EALUKUNNEL, KUMBLERI P.O. ADDL. RESPONDENT: 5. THE MEENANGADI GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY-IN-CHARGE, MEENANGADI P.O., WAYANAD DISTRICT. (IMPLEADED AS PER ORDER DT. 17.6.2008 IN IA 7131/2008) WPC 15927/2008 BY ADV. SRI.T.R.RENJITH FOR R3 & 4 SRI.ASOK M.CHERIAN FOR ADDL.R5 GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 15927/08 ## APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE PHOTO COPY OF THE NO OBJECTION CERTIFICATE DATED 13.3.2008 TO THE FIRST PETITIONER. EXT.P2 - THE TRUE PHOTO COPY OF THE PERMIT ISSUED BY THE MINING AND GEOLOGY DEPARTMENT TO THE FIRST PETITIONER DATED 7.4.2008. EXT.P3 - THE TRUE PHOTO COPY OF THE CONSENT ISSUED TO THE FIRST PETITIONER FROM THE POLLUTION CONTROL BOARD. EXT.P4 - TRUE PHOTO COPY OF THE NO OBJECTION CERTIFICATE DATED 13.3.2008 TO THE SECOND PETITIONER. EXT.P5 - THE TRUE PHOTO COPY OF THE PERMIT ISSUED BY THE MINING AND GEOLOGY DEPARTMENT TO THE SECOND PETITIONER DATED 7.4.2008. EXT.P6 - THE TRUE PHOTO COPY OF THE CONSENT ISSUED TO THE SECOND PETITIONER FROM THE POLLUTION CONTROL BOARD. EXT.P7 - TRUE PHOTO COPY OF THE NO OBJECTION CERTIFICATE DATED 13.3.2008 TO THE 3RD PETITIONER. EXT.P8 - THE TRUE PHOTO COPY OF THE PERMIT ISSUED BY THE MINING AND GEOLOGY DEPARTMENT TO THE 3RD PETITIONER DATED 7.4.2008. EXT.P9 - THE TRUE PHOTO COPY OF THE CONSENT ISSUED TO THE 3RD PETITIONER FROM THE POLLUTION CONTROL BOARD. EXT.P10 - TRUE PHOTO COPY OF THE RENEWAL OF LICENCE ISSUED TO WAYANAD GRANITES BY THE DY. CONTROLLER OF EXPLOSIVES. EXT.P11 - TRUE PHOTO COPY OF THE AGREEMENT BETWEEN THE WAYANAD GRANITES AND ITS MEMBERS INCLUDING THE PETITIONERS. EXT.P12 - TRUE PHOTO COPY OF THE SHOT FIRERS PERMIT ISSUED BY THE JT.CONTROLLER OF EXPLOSIVES, SOUTH CIRCLE, CHENNAI-6. EXT.P13(a) - (c ) - THE TRUE PHOTO COPY OF THE AGREEMENT WITH THE SHOT FIRER AND THE PETITIONERS. EXT.P14 - TRUE PHOTO COPY OF THE CERTIFICATE ISSUED BY THE ASST. LABOUR OFFICER, SULTHANBATHERY, DATED 14.5.2008. EXT.P15 - TRUE PHOTO COPY OF THE COMPLAINT LODGED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT DATED 21.5.2008. EXT.P16 - THE TRUE PHOTO COPY OF THE PERMIT DATED 9.6.2008. EXT.P17 - THE TRUE PHOTO COPY OF THE PERMIT DATED 11.6.2008. WPC 15927/08 RESPONDENTS' EXTS. ANNEXURE I – A TRUE COPY OF THE RESOLUTION PASSED BY THE MEENANGADI GRAMA PANCHAYAT ON 18.9.2007. ANNEXURE II – A TRUE COPY OF THE LETTER OF THE REVENUE MINISTER DATED 2.11.2007 ADDRESSED TO THE PRESIDENT OF MEENANGADI GRAMA PANCHAYAT. ANNEXURE III – A TRUE COPY OF THE RESOLUTION ADOPTED BY THE PANCHAYAT ON 9.4.2008. ANNEXURE IV SERIES – TRUE COPIES OF REPORTS PUBLISHED ON THE MATTER IN VARIOUS NEWSPAPERS. /TRUE COPY/ ## K.BALAKRISHNAN NAIR & ## M.C.HARI RANI, JJ. ----------------------------------------- ## W.P.(C) NO.15927 OF 2008-U ----------------------------------------- Dated 17[th] June, 2008. ## JUDGMENT ## Balakrishnan Nair, J. The petitioners are running granite quarries in Sy. No.349/1 of Krishnagiri Village in Sulthanbatheri Taluk. They have got all the statutory clearances/permits/licences, for running them. The quarrying was going on smoothly for the last five years. While so, the respondents 3 and 4 came to the site and demanded employment for their party members. They also demanded Rs.50/- for each load of granite transported from the site. Since the petitioners declined to oblige them, they started causing obstruction. Therefore, the petitioners filed Ext.P15 representation before the police, seeking necessary protection. Since the police did not take any effective action, this writ petition was filed, seeking appropriate reliefs. 2. The respondents 3 and 4 have filed a counter affidavit, denying all the allegations against them. In the said affidavit, they have stated as follows: WPC 15927/2008 2 “It is humbly submitted that the petitioners seek police protection for quarrying a rocky hill in Sy. 349/1 of Krishnagiri Village which is situated in revenue land, alleging that myself and the 4[th] respondent along with a group of persons obstructed them from carrying out the quarrying, with the intention to extract money from them. The allegation is false. We have never caused any obstruction to the petitioners as alleged. The petitioners propose to blast the rock situated in revenue land, which would destroy the landscape of the locality, which has enormous potential for tourism development. The public has protested against quarrying the hilly rock, which the Grama Panchayat has already proposed to develop into a tourist spot, jointly with DTPC. Hence when the petitioners attempted to blast the rock, the people in the locality under the leadership of the local MLA and President and members of the Grama Panchayat prevented them from doing so. Though myself and the 4[th] respondent also have objection in destroying the landscape by blasting the rock, we were not available when the local people under the leadership of the local MLA and others collectively prevented the petitioners from conducting the quarrying operations. The allegations made against us are without any bona fides and those are made with mala fide intention to mislead this Hon'ble Court.” The petitioners have filed a reply affidavit, in which they have denied the averments in the counter affidavit of respondents 3 and 4. 3. The local Grama Panchayat, which was impleaded as additional 5[th] respondent in this Writ Petition, along with its impleading application, has produced Annexure-I resolution passed by its Committee on 18.9.2007, proposing to convert the rock formation, in which quarrying is undertaken, into a tourist spot. Later, by Annexure-III resolution, the Panchayat decided to move the District Collector and the Mining and Geology WPC 15927/2008 3 Department, requesting those authorities not to permit quarrying in the above said rock formation. The Panchayat has also produced Annexure-IV series newspaper reports, wherein quarrying in the above area is strongly condemned. 4. We heard the learned counsel on both sides. The possession of various permits/licences/clearances will make the quarrying done by the petitioners legal. But,if the local people, including the Panchayat are opposing the same, on the ground that the quarrying may cause ecological imbalance or environmental degradation, the said contention cannot be met by saying that the petitioners have got all the statutory clearances etc. Such a contention or objection raised against the quarrying cannot be dealt with by the police also. The petitioners remedy lies before the civil court. This view taken by us, is supported by the decision of this Court in **Thilakan v. C.I of Police** [2008(1) KLT 141]. In view of the above position, we feel that this is not a fit case, where this Court should invoke the discretionary jurisdiction under Article 226 of the Constitution of India and grant protection to the petitioners for running their quarries. Accordingly, the Writ Petition is dismissed without prejudice to the contentions of the WPC 15927/2008 4 petitioners and their right to move the competent civil court for appropriate reliefs. **K.BALAKRISHNAN NAIR, JUDGE** . **M.C.HARI RANI, JUDGE** . Nm/