Ramachandra Menon,J
The petitioner has obtained Ext.P1 permit under the relevant provisions of Kerala Minor Mineral Concession Rules, 1967 to extract laterite stone from the concerned property. It is stated that the petitioner is having all the requisite clearance/licence from the authorities concerned including the local authority on the strength of which the petitioner was pursuing the quarrying operations. But the respondents 4 to 8, who are actually not the residents of the locality, are trying to intercept the proceedings and have caused forceful obstruction to the quarrying operations being carried out by the petitioner by taking the law into their own hands. This was brought to the notice to the police by filing necessary petition but the same was not acceded to and was kept in cold storage, which made the petitioner to approach this Court by filing the present writ petition.
W.P.(C) No.15024 of 2014 2
2. The learned Government Pleader submits that, on enquiry it has been revealed that no quarrying operation is being pursued now. The party respondents made some apprehension with regard to the course and proceedings being pursued by the petitioner, which may adversely affect the rights and interest of the party respondents, particularly the probable damage to the buildings owned and occupied by them.
3. The learned counsel for the petitioner submits that, it was only because of forceful obstruction from the part of the respondents 4 to 8 that the petitioner was not in a position to carry out the quarrying operations. It is also pointed out that the nature of quarry being a laterite quarry, there is no question of explosion and that the petitioner is making use of safe mechanical device to extract laterite stones without causing damage to the property of any of the neighbours.
4. Despite the completion of service of notice, respondents 4 to 8 have not chosen to appear before this Court.
5. In the above circumstances, so far as the petitioner is having all valid requisite license/permit to conduct the laterite quarrying operations, the same cannot be forcefully obstructed W.P.(C) No.15024 of 2014 3 by anybody. If there is any threat to the law and order situation, it shall be brought to the notice of the police, who shall take appropriate steps so as to meet the need of the hour.
The writ petition is disposed of accordingly.
MANJULA CHELLUR, CHIEF JUSTICE
P.R.RAMACHANDRA MENON,
JUDGE.
sj 27/06