Shaffique,J
Petitioner is running a quarry with all necessary licence/permission from the statutory authorities. He has also obtained environmental clearance to the quarries lying in Sy.No.1094/1A, 1094/1-A1 of Marady Village in Muvattupuzha Taluk of Ernakulam District. The complaint of the petitioner is that the party respondents are obstructing the functioning of the quarry. They have indulged in criminal acts against which a crime has already been registered and they are presently obstructing the functioning of the quarry. According to the petitioner, he has already filed a suit against the 2nd respondent and his brother for specific performance of an agreement for sale of property and in the alternative, for refund of the advance amount paid to the defendants. That apart, complaint has been filed for certain criminal offences against which a crime has been registered by the police. Party respondents insist that unless the cases are withdrawn, the petitioner will not be permitted to run the quarry.
2. On the other hand, the 4th respondent, having filed a Counter affidavit, submits that the issue is not with reference to the functioning of the quarry. It is stated that the 4th respondent has 20 cents of property and on account of the petitioner constructing a fencing in the pathway which leads to the quarry, petitioner is not having an entry to his property and his entire right of way has been affected on account of the petitioner using the pathway which leads to the quarry. The suit already filed by him before the civil court claiming right over the pathway is still pending.
3. The learned Government Pleader, on instructions, would submit that police had already registered a crime in respect of the alleged criminal acts and as matters stand now, there is no law and order situation. It is also submitted that if there is any law and order situation, the police shall interfere in the matter and do the needful.
4. Having regard to the aforesaid submissions, it is clear that there is a civil dispute between the parties and the 4th respondent is claiming right over the pathway which leads to the quarry. Such issues are to be adjudicated by the civil court and the right to use the said pathway always depends upon the decision by the civil court in the pending suit. Police cannot interfere in the civil dispute.
5. But, as far as the functioning of the quarry is concerned, party respondents or their men cannot obstruct to the functioning of the quarry and they cannot take law into their hands. If such a situation arises, police is bound to interfere and provide adequate protection to the petitioner.
In the result, this writ petition is disposed of as under:
1st respondent shall ensure that no law and order situation is created in the functioning of the quarry either by the party respondents or their men and if any such incident happens, police shall interfere in the matter and do the needful, without prejudice to the civil rights of the parties which are pending consideration before the civil court.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr