Shaffique, J Petitioner has approached this court seeking police protection for removing 600 metric tons of ordinary earth from the property in survey No.415/2-4 of Kodumon Village of Adoor Taluk. The requirement for removal of ordinary earth was for construction of a building as per the Certificate issued by the authority as Ext.P1. Ext.P9 permit is issued by the senior Geologist, Department of Mining and Geology granting time up to 30.12.2014 for removal of ordinary earth. According to the petitioner though earlier by Ext.P3 order was issued, due to the obstruction from respondents 4 to 6, the petitioner was unable to remove the earth. Therefore, the petitioner has obtained extension of time by Ext.P9 order. 2. Though notice was issued to party respondents, there is no appearance. Having regard to the aforesaid factual situation, the party respondents have no right to obstruct the removal of WP(C).No. 32870/14 2 earth from his property, especially when it is permitted by Ext.P9. On account of such obstruction, the police authorities are bound to ensure that no such obstruction is caused and law and order is maintained at the time of removal of earth as per Ext.P9.
The writ petition is disposed of as under :
Respondents 1 and 2 shall ensure that no obstruction is created by party respondents in the matter of removal of ordinary earth from his property as per Ext.P9 permit and maintain law and order.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.