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2025 DAILYLAW 7234 (KER)

MATHEW DANIEL v. THE STATION HOUSE OFFICER (CIRCLE INSPECTOR)

WP(C)/16216/2023 · 2025-03-26

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26023 W.P.(C)No.16216 of 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 16216 OF 2023 PETITIONER: MATHEW DANIEL AGED 45 YEARS S/O. DANIEL, MANGALATHU PADINJATTETHIL, PARAKOOTTAM. P . O., PALLICKAL VILLAGE, ADOOR, PATHANAMTHITTA, PIN - 691551 BY ADVS. MATHEW KURIAKOSE K.R.ARUN T.G.SUNIL (PERUMBAVOOR) J.KRISHNAKUMAR (ADOOR) C.N.PRAKASH MONI GEORGE SHAJI P.K. RESPONDENTS: 1 THE STATION HOUSE OFFICER (CIRCLE INSPECTOR) ADOOR POLICE STATION, ADOOR, PATHANAMTHITTA, PIN - 691523 2 AMAL PRASAD AMRITHA KRIPA, MARUR P.O., PATHANAMTHITTA, PIN - 691524 3 WILSON MELOTTUVILA KIZHAKETHIL, KURUMBAKARA P.O., PATHANAPURAM, PATHANAMTHITTA, PIN - 689695 2025:KER:26023 W.P.(C)No.16216 of 2023 2 4 VISHNU KAILASAMANGALAM, ELAMANNUR P.O., PATHANAMTHITTA, PIN - 691524 5 ANEESH KUMAR SRIRAGAM, PUTHAMKARA, ELAMANNUR P.O., PATHANAMTHITTA, PIN - 691524 6 SUJITH SOMANA, NISHABHAVAN, MARUR P.O., PATHANAMTHITTA, PIN - 691524 GP.SMT.K.B.SONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26023 W.P.(C)No.16216 of 2023 3 C.S.DIAS,J -------------------------------------------- W.P.(C).No. 16216 of 2023 --------------------------------------------- Dated this the 26th day of March, 2025 JUDGMENT The writ petition is filed to direct the 1st respondent to afford adequate police protection to the life of the petitioner and his workers to function his quarry. 2. When the writ petition came up for consideration on 23.05.2023, this Court directed the 1st respondent to afford adequate police protection to the petitioner to function his quarry and to transport materials as per the statutory licenses produced with the writ petition, without any obstruction being caused by the party respondents. 3. The above interim order has been extended from time to time. 2025:KER:26023 W.P.(C)No.16216 of 2023 4 4. Today, when the writ petition was taken up for consideration, the learned counsel for the petitioner and the learned Government Pleader submitted that all the licenses are still valid. On a consideration of the pleadings and the materials on record, I am of view that the writ petition is only to be allowed. Accordingly, I direct 1st respondent to afford adequate police protection to the petitioner from any obstruction being caused by the party respondents, subject to the condition that the petitioner has all the requisite licenses and permissions to function the quarry. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE SCB.26.03.25. 2025:KER:26023 W.P.(C)No.16216 of 2023 5 APPENDIX OF WP(C) 16216/2023 PETITIONER EXHIBITS Exhibit P 1 A TRUE COPY OF THE RELEVANT PAGES OF THE ENVIRONMENTAL CLEARANCE NO. 79/Q/2022 DATED 20.07.2022 ISSUED BY THE STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (SEIAA), KERALA TO THE PETITIONER Exhibit P 2 A TRUE COPY OF THE CONSENT NO. KSPCB/PT/ICO/10009720/2022 DATED 14.09.2022 ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER Exhibit P 3 A TRUE COPY OF THE LICENSE DATED 14.11.2022 ISSUED BY THE ENADIMANGALAM GRAMA PANCHAYAT TO THE PETITIONER WITH ITS TRUE ENGLISH TRANSLATION Exhibit P 4 A TRUE COPY OF THE COMMUNICATION DATED 13.06.2018 ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM TO THE PETITIONER REGARDING THE LETTER OF INTENT OF QUARRYING LEASE (WITHOUT ENCLOSURE) Exhibit P 5 A TRUE COPY OF THE COMPLAINT DATED 10.05.2023 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT WITH ITS TRUE ENGLISH TRANSLATION AND ITS RECEIPT Exhibit P6 TRUE COPY OF THE LICENSE DATED 01.04.2024 ISSUED BY THE ENADIMANGALAM GRAMA PANCHAYAT TO THE PETITIONER Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 23.02.2023 ISSUED BY THE DIRECTOR OF MINING & GEOLOGY, THIRUVANANTHAPURAM TO THE PETITIONER (WITHOUT ENCLOSURE) Exhibit P8 TRUE COPY OF THE RELEVANT PAGES OF THE QUARRYING LEASE DEED DATED 08.03.2023 2025:KER:26023 W.P.(C)No.16216 of 2023 6 IN RESPECT OF THE PETITIONER’S QUARRY Exhibit P9 TRUE COPY OF THE RELEVANT PAGE OF THE EXPLOSIVE LICENSE DATED 15.06.2015 ISSUED BY THE DY. CHIEF CONTROLLER OF EXPLOSIVES TO THE PETITIONER