IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 13511 of 2007(H)
1. RAJU.T.T., PALAZHI THACHAMPARAMBIL
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. V.CHANDRASEKHARAN NAIR,
3. T.RAGHUNATHAN, THIRUTHIKADU,
4. MANOJ.S., PATHIYAMPARAMBIL HOUSE,
For Petitioner :SRI.P.RAMAKRISHNAN
For Respondent :SRI.K.A.SREEJITH
The Hon'ble MR. Justice K.R.UDAYABHANU
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :24/04/2007
O R D E R
S. SIRI JAGAN & K.R. UDAYABHANU, JJ
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W.P.(C) NO. 13511 OF 2007
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Dated this the 24th day of April 2007
JUDGMENT
Siri Jagan,J
The petitioner extracted clay on the basis of Ext.P1 Mining
Permit issued to him under the Kerala Minor Mineral Concession
Rules. The complaint of the petitioner is that respondents 2 to 4
are obstructing the mining activities which are being done strictly
in accordance with Ext.P1-permit. The respondents 2 to 4
appears through counsel and contest the writ petition. Although
they would assert that they are not in any way obstructing the
petitioner in his mining activities, they would submit that the
petitioner is conducting mining activities without complying with
the conditions in Ext.P1. They would submit that they have
approached the Panchayat and the Revenue Divisional Officer
against the illegal activities of the petitioner in the matter of
extracting clay.
W.P.(C) NO. 13511 OF 2007 : 2 :
2. After hearing both sides, we are of the opinion that
although the respondents 2 to 4 have a right to approach the
appropriate authorities to point out any illegality committed by
the petitioner if the petitioner is conducting mining activities
against the Rules, they have no right to obstruct the petitioner
from exercising his right under Ext.P1- permit. In the above
circumstances, recording the submission of respondents 2 to 4
that they are not obstructing the petitioner in the mining of clay
as per Ext.P1, we direct the 1st respondent to afford adequate
police protection to the petitioner to conduct mining activities as
per Ext.P1, if the petitioner is conducting the mining activities in
accordance with Ext.P1 permit issued to him and the rules
governing such permit as per the current permit or as per the
renewed permit, if the petitioner gets the same renewed after
its expiry. The Sub Inspector, if necessary, may get assistance
from the concerned Geologist to ensure that the petitioner
conducts the mining strictly in accordance with Ext. P1.
3. The Writ Petition is disposed of as above
W.P.(C) NO. 13511 OF 2007 : 3 :
This judgment shall not stand in the way of any authority
either under the Kerala Mining and Mineral Concession Rules or
the Kerala Panchayat Raj Act taking any action if they find any
illegal activity by the petitioner in the matter of mining clay.
K.R. UDAYABHANU, JUDGE.
S. SIRI JAGAN, JUGE.
RV
W.P.(C) NO. 13511 OF 2007 : 4 :