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2025 DAILYLAW 7583 (KER)

L.SUDHAKARAN v. STATE OF KERALA

WP(C)/23708/2023 · 2025-03-26

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27455 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. 23708 OF 2023 PETITIONER: L.SUDHAKARAN AGED 54 YEARS S/O LEKSHMANA PANICKER, SUCHITHRA BHAVAN, MALAYIKADA, MANCHAVILAKOM P.O., THIRUVANANTHAPURAM, PIN - 695503 BY ADVS. SABU GEORGE P.B.KRISHNAN P.B.SUBRAMANYAN MANU VYASAN PETER RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695001 2 THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA KATTAKKADA ROAD, ALUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121 3 STATION HOUSE OFFICER, MARAYAMUTTAM POLICE STATION, THIRUVANANTHAPURAM, PIN - 695124 4 AMAL RATHEESH MARAYAMUTTOM, MAHANEEYAM, PRA-3, ERAPPAKUZHY, KUDAPPANAKUNNU, THIRUVANANTHAPURAM. (VEHICLE REG.NO.KL-01-CT 6481), PIN - 695043 5 AJITH S.L SL BHAVAN, ANAYIKONAM, MANCHAVILAKAM P.O, THIRUVANANTHAPURAM. (VEHICLE REG.NO.KL-01-BB 7515), PIN - 695503 WP(C) No.23708 of 2023 2 2025:KER:27455 6 AJEESHKUMAR THOPPIL ARAPPURAPUTHEN VEEDU, VADAKARA MARAYAMUTTAM P.O, THIRUVANANTHAPURAM. (VEHICLE REG.NO.KL-01-BD 9286), PIN - 695132 7 LALKRISHNA KRISHNA BHAVAN, MANNADI, MANCHAVILAKAM P.O, THIRUVANANTHAPURAM. (VEHICLE REG.NO.KL-01-V-2714)., PIN - 695503 8 RENJITH RENJITH NIVAS, KAKKAVILAKATH, THATHIYOOR, MANCHAVILAKAM P.O, THIRUVANANTHAPURAM- (VEHICLE REG.NO.KL-02-AM-8145), PIN - 695503 9 MANIKANDAN 7/1039, ATHIRA NIVAS, THATHIYOOR, MANCHAVILAKAM P.O, THIRUVANANTHAPURAM. (VEHICLE REG.NO.KL-20-B 9700)., PIN - 695503 10 ABHILASH K KAKKAVILAKATH, ADJACENT TO ROAD,THATHIYOOR MANCHAVILAKAM P.O, THIRUVANANTHAPURAM. (VEHICLE REG.NO.KL-01-BB 7515, PIN - 695503 BY ADVS. V.G.ARUN V.JAYA RAGI(K/3390/1999) R.HARIKRISHNAN (KAMBISSERIL)(K/993/2012) NEERAJ NARAYAN(K/332/2016) GP – AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.23708 of 2023 3 2025:KER:27455 JUDGMENT Dated this the 26th day of March, 2025 The writ petition is filed to direct the respondents 2 and 3 to afford adequate police protection to the petitioner and his workers for the purpose of transporting the materials from the petitioner’s quarry described in the writ petition. 2. When the writ petition came up for consideration on 21.07.2023, this Court had directed the 3rd respondent to ensure that the law and order is maintained in the petitioner’s locality. 3. Heard; the learned counsel for the petitioner and the learned Government Pleader. 4. The learned Government Pleader submits that, subsequent to the passing of the interim order dated 21.07.2023, there has been no law and order problem in the petitioner’s locality. However, the petitioner shall be permitted to transport the materials subject to the condition that he has all the requisite statutory licences. 5. In the above said circumstances, I dispose of the WP(C) No.23708 of 2023 4 2025:KER:27455 writ petition, by directing the 3rd respondent to ensure that the law and order is maintained in the petitioner’s locality, for the purpose of transporting the materials from his quarry unit subject to the condition that he has all the requisite statutory licences and permissions. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE AJ WP(C) No.23708 of 2023 5 2025:KER:27455 APPENDIX OF WP(C) 23708/2023 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF ENVIRONMENTAL CLEARANCE NO.34/18 DATED 07-12-2018 Exhibit-P2 A TRUE COPY OF THE PROCEEDING NO.549/2019-20/805/M3/2016/DMG DATED 18-12-2019 OF THE ADDL. DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM Exhibit-P3 A TRUE COPY OF THE QUARRYING LEASE DATED 01-01- 2020 Exhibit-P4 A TRUE COPY OF THE CONSENT TO OPERATE NO.PCB/TVM- DO/ICO/QRY-578/2018 ISSUED ON 27-12-2018 Exhibit-P5 A TRUE COPY OF THE EXPLOSIVES LICENSE NO.E/SC/KL/22/1278 (E63208) DATED 12-02-2021 Exhibit-P6 A TRUE COPY OF THE D & O LICENSE, DATED 03-04-2021 Exhibit-P7 A TRUE COPY OF THE COMPLAINT DATED 10-07-2023 ADDRESSED TO THE DISTRICT POLICE SUPERINTENDENT (RURAL) Exhibit-P8 A TRUE COPY OF THE RECEIPT DATED 11-07-2023 ISSUED FROM MARAYAMUTTAM POLICE STATION IN THE NAME OF 1ST PETITIONER IN EXT-P7