This Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the respondent herein to give protection to the petitioner herein, as prayed for in the representation, dated 26.08.2009.
2. The learned counsel for the petitioner had stated that the petitioner firm had engaged in mining of beach minerals containing Garnet, Ilmenite and Rutile. In accordance with the provisions of Mines and Minerals(Development and Regulation)Act, the petitioner Firm was granted a mining lease, in respect of the mines of the petitioner in Midalam and Keezhamidalam Village, Vilavankode Taluk, Kanyakumari District.
3. It has also been stated that the petitioner has obtained the mining lease for a period of thirty years, in the patta lands belonging to the petitioner at Midalam Village and Keezhmidalam Village, Vilavankode Taluk, Kanyakumari District. Even though, the petitioner is carrying on the lawful mining activity, as per the lease granted to the petitioner, certain anti-social elements are attempting to thwart the mining activities of the petitioner. Hence, the petitioner has made a representation to the respondent, on 22.09.2006, and thereafter, several reminders had been made on 25.04.2007, 19.09.2007, 12.03.2008, 10.11.2008, 22.04.2009 and 26.08.2009. Inspite of the representation and several reminders made to the respondent, the petitioner has not been given police protection, as requested by him.
4. A counter affidavit has been filed on behalf of the respondent, denying that the claims made by the petitioner. The statement of the petitioner that he had submitted a representation, dated 22.09.2006, to the respondent, is contrary to the facts, as the petitioner had obtained two mining lease deeds, only on 17.03.2008. Moreover, the Writ Petitioner had not produced the relevant records to establish his ownership of the patta land, situated in Midalam and Keezhmidalam Village of Vilavankode Taluk, Kanyakumari District. It is further stated that since the police force had to be deployed for escorting prisoners to the Central Prison located in Palayamkottai, VIP escorts and other such duties, the request of the petitioner cannot be complied with. It has also been stated by the learned counsel for the respondent that the mining lease granted to the petitioner had expired on 10.09.2009, since, the validity period was between 12.08.2009 and 10.09.2009. In such circumstances, the request of the petitioner is to be rejected.
5. In view of the averments made in the affidavit filed in support of the writ petition, and in the counter affidavit filed on behalf of the respondent and in view of the submissions made by the learned counsel for the respondent, this Court is of the considered view that the petitioner has not shown sufficient cause or reason to grant the relief as prayed for, in the Writ Petition. In such circumstances, the Writ Petition stands dismissed. No costs.
Sd/-
To The Superintendant of Police, Office of the Superintendant of Police, Kanyakumari District.