Abdu Haji vs. Sub Inspector Of Police - Kerala High Court, 13 July 2021

DATED 20.11.2019) R4-R6 & R8 BY SRI.K.MOHANAKANNAN R1 TO R3 BY SRI.N.B.SUNIL NATH, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).No.25871/2019 3 P.V.KUNHIKRISHNAN, J. ------------------------------- W.P.(C).No.25871 of 2019 ---------------------------------------------- Dated this the 13th day of July, 2021 JUDGMENT This writ petition is filed with following prayers: i. Direct the respondents I to 3 to afford adequate and sufficient police protection for petitioner and his workers. ii. Direct the respondents 1 to 3 to afford adequate and sufficient police protection for the life of the petitioner and his workers.

iii. Direct the respondents to take action on Exhibits P1 to P-3 representations without any delay. iv. Issue a writ in the nature of mandamus directing 1st respondent to conduct the investigation in the illegal quarrying operations by the 4 to 8 respondents and book the culprits. v. Issue any other Writ, Order or direction that this Hon'ble court deems fit and proper in the facts and circumstances of the case.

W.P.(C).No.25871/2019 4

The petitioner, who is a senior citizen aged 76 years, filed a complaint before the District Collector, Malappuram and geologist, alleging that there is illegal quarrying conducted by respondents 4 to 8. It is also stated in the writ petition that there is apprehension of danger from respondents 4 to 8 towards the petitioner. When this writ petition came up for consideration on 27.09.2019, this Court issued notice by special messenger to respondents 4 to 8. Thereafter on 20.11.2019, this Court directed the Government Pleader to ascertain and report from the additional 9th respondent as to whether respondents 4 to 8 are conducting quarrying operation with the requisite permissions and licences. Thereafter the matter again came up on 29.11.2019 on which date this Court observed that if the petitioner prefers complaints pointing out any threat to his life, the 1st respondent shall take immediate remedial measures, if circumstances warrant. Thereafter the matter again came up for consideration on 11.08.2020. On that day, this Court passed the following order: “Read interim order dated 20.11.2019. 2. The learned Government Pleader on instructions submitted that no quarrying operation is being

W.P.(C).No.25871/2019 5 carried out by the party respondents 4 to 8. 3. The learned counsel for the party respondents also submitted that no quarrying operation is being carried out. It is further submitted that the party respondents are operating only a Metal Crusher Unit with all requisite permits and licences.

In view of the disputed questions of fact, the Taluk Legal Services Committee, Perinthalmanna, shall conduct a discrete inquiry as to the veracity of the allegations of the conduct of the quarrying by the party respondents 4 to 8 in Vadakkangara Village and, report before this Court by the next posting. The Kerala Legal Services Authority is directed to intimate this order to the Taluk Legal Services Committee, Perinthalmanna. Post on 26.08.2020.”

Based on the direction of this Court, the Kerala Legal Services Authority submitted a detailed report before this Court on 25.08.2020. In the report it is stated that in the local enquiry conducted by a Para Legal Volunteer (PLV) and the Secretary in charge revealed that quarrying operation is being conducted in the said quarry. Thereafter the matter again came up for consideration before this Court on 26.08.2020. On that day, this Court ordered enquiry by the Director of Vigilance & Anti Corruption Bureau. The order dated 26.08.2020 is extracted hereunder:

W.P.(C).No.25871/2019 6 “This writ petition is filed for police protection. According to the petitioner, the party respondents are conducting illegal quarrying. This was denied by the party respondents. According to the party respondents, they only carrying the activities of metal crusher unit.

In this matter, the District Geologist was impleaded. On instructions from the District Geologist, the learned Special Government Pleader submitted that no quarrying activities being carried out by the party respondents at present. So the quarry remained abandoned.

Taking note of the above, this Court directed the Taluk Legal Services Authority to conduct a discrete inquiry and submit a report. The report of the Taluk Legal Services Authority is on board. The report shows that quarrying operation is being conducted in the Vadakkangara Village.

It is appropriate, in such circumstances, a Vigilance Inquiry is initiated in regard to the illegal quarrying operation. The Director of Vigilance & Anti Corruption Bureau shall depute a competent officer to inquire into the veracity of this allegation. It is to be noted if there is any illegal quarrying, there will be a huge loss of the Revenue to the State. The report of the Taluk Legal Services Authority shall be appended with this order. The copies of the order along with the report shall be given to both sides and also to the learned Government Pleader. The learned

W.P.(C).No.25871/2019 7 Government Pleader shall forward this order to the Director of Vigilance & Anti Corruption Bureau. Post for further consideration on 23.09.2020.” The Inspector of Vigilance submitted a report before this Court stating that there is illegal quarrying conducted by the party respondents. Thereafter, when the matter came up for consideration on 15.12.2020, this Court passed the following order: “During the course of arguments, the learned counsel for the petitioner would assert that even now illegal quarrying operations are being undertaken by respondents 4 to 8. The learned counsel for respondents 4 to 6 and 8 would submit that the said respondents are not undertaking any illegal quarrying operations. Having considered the submission made by the learned counsel on both sides and also the learned Senior Government Pleader, this Court deem it appropriate to direct the 3rd respondent to depute a competent Police Officer to conduct an inspection and submit a report before this Court as to the quarrying activities undertaken by respondents 4 to 8. List on 15.01.2021.”

Based on the order dated 15.12.2020, a report is filed by the 3rd respondent Deputy Superintendent of Police, Narcotic Cell, Malappuram. It will be better to extract

W.P.(C).No.25871/2019 8 paragraphs 7, 11 and 12 of the statement dated 12.01.2021 of the Deputy Superintendent of Police, Narcotic Cell, Malappuram: “7) As per the report submitted by Geologist it is evident that the mining activities in survey number 93/1 as stated by the fourth respondent Abdul Razzaq quoting Government Gazette Publication G.O (P) No.16/202/ID of Kerala Micro Small and Medium Enterprises Facilitation Act 2019 that no special sanction is required for mining activities for new building activities proved to be false and his quarrying activities carrying out there is illegal. 11) During my spot visit no quarrying activities could be found in survey number 95/9 possessed by the 7th respondent Abdul Majeed and in survey number 95/7 possessed by the 8th respondent Ramla. 12) It is humbly submitted before the Hon: Court that during my visit to the place mentioned in the petition, two magazines were found near to the first old abandoned quarry. On verification of the explosive stock register of Abdul Rassaq who is the fourth respondent. On verifying the stock register it is found that due to the non issuance of Environmental certificate the explosive license became invalid since 08.09.2017 and even after the expiry period explosives are found purchased from A.M.Associates, Vallappuzha, Palakkad (DT) and kept in stock. On perusing the stock register, it could be inferred that

W.P.(C).No.25871/2019 9 explosives were purchased and kept in stock and utilized for mining activities illegally.”

Heard the counsel for the petitioner, the counsel for the contesting respondents and the Government Pleader.

The counsel for the petitioner reiterated his contention based on the averments in the writ petition and other statements filed by the authorities. The counsel for the contesting respondents submitted that the allegation against the contesting respondents are absolutely incorrect. The counsel submitted that three counter affidavits are filed by the contesting respondents. According to the contesting respondents, there is no quarrying operation as alleged and only a metal crusher unit is functioning with valid licence from the authorities. The counsel submitted that proceedings is initiated by the geologist as evident by Ext.R4(q). The contesting respondents submitted a detailed reply as evident by Ext.R4(s). The counsel submitted that if any order is passed by this Court in this writ petition, that will affect the proceedings already initiated by the geologist. The counsel submitted that, let the geologist consider the matter after considering the entire facts and circumstances of the case. The Government Pleader submitted that from the report

W.P.(C).No.25871/2019 10 submitted by the 3rd respondent, it is clear that the contesting respondents are conducting illegal quarrying in the premises.

Therefore the Police may be given liberty to act in accordance to law, if there is any criminal offence is made out.

Admittedly a proceedings is initiated by the geologist as evident by Ext.R4(q). According to me, the geologist can conclude the same after hearing the petitioner and the contesting respondents and all other affected parties. In the meanwhile, if any criminal offence is made out against the contesting respondents, the Police Officer concerned will take stringent action against them. Moreover, if there is any apprehension of danger to the life of the petitioner, the Police will do the needful to protect his life.

Therefore this writ petition is disposed in the following manner:

If there is any apprehension of danger to the life of the petitioner, the petitioner is free to approach the Station House Officer concerned with a representation/complaint.

If such a representation/complaint is received, the Station House Officer will do the needful to

W.P.(C).No.25871/2019 11 protect the life of the petitioner.

The geologist concerned will hear the contesting respondents and all other affected parties and conclude the proceedings initiated as per Exts.R4(q). The above proceedings should be concluded as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

Consequential action in accordance to law also should be done by the geologist.

All other contentions of the petitioner and the contesting respondents are left open.

If any illegal quarrying is being conducted without any licence or permit by the contesting respondents, respondents 1 to 3 will see that the same is prohibited. With the above observations, this writ petition is disposed of. P.V.KUNHIKRISHNAN JV JUDGE

W.P.(C).No.25871/2019 12 APPENDIX OF WP(C) 25871/2019 PETITIONER ANNEXURE EXHIBIT P1 AOF THE REPRESENTATIONS FILED BEFORE THE 1ST RESPONDENT DATED 24.09.2019. EXHIBIT P2 AOF THE REPRESENTATIONS FILED BEFORE THE 2ND RESPONDENT DATED 24.09.2019. EXHIBIT P3 AOF THE REPRESENTATIONS FILED BEFORE THE 3RD RESPONDENT DATED 24.09.2019. RSPONDENTS' ANNEXURE: EXHIBIT R1(a):OF REPORT DATED 22.09.2020 EXHIBIT R1(b):OF MAHAZAR PREPARED BY ASSISTANT GEOLOGIST, MALAPPURAM DATED 17.09.2020 EXHIBIT R1(C):OF THE LOCATION MAP PREPARED BY THE TALUK SURVEYOR, PERINTHALMANNA EXHIBIT R1(D):OF SURVEY MAP OF PLOT NO.1 PREPARED BY THE TALUK SURVEYOR, PERINTHALMANNA EXHIBIT R1(E):OF SURVEY MAP OF PLOT NO.2 PREPARED BY THE TALUK SURVEYOR, PERINTHALMANNA EXHIBIT R1(F):OF SURVEY MAP OF PLOT NO.3 PREPARED BY THE TALUK SURVEYOR, PERINTHALMANNA EXHIBIT R1(G):OF THE LAST PAGE OF STOCK REGISTER MAINTAINED BY THE 4TH RESPONDENT EXHIBIT R1(H):OF THE LAST PAGE OF STOCK REGISTER MAINTAINED BY THE 4TH RESPONDENT EXHIBIT R4(a):OF THE REPORT SUBMITTED BY THE VIGILANCE IN CRIMINAL M.C.3235/2017. EXHIBIT R4(b):OF THE JUDGMENT IN CRIMINAL MC.3532/2017 DATED 09/03/2018. W.P.(C).No.25871/2019 13 EXHIBIT R4(C):OF THE FACTORIES AND BOILERS LICENCE DATED 19.8.2020 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT R4(D):OF THE REGISTRATION CERTIFICATE UNDER THE GST (GENERAL SALES TAX)ISSUED BY THE GOVERNMETN OF INDIA DATED 24.3.2020 EXHIBIT R4(E):OF THE CONSENT ISSUED BY THE POLLUTION CONTROL BOARD DATED 7.5.2020 VALID UPTO 1.5.2025 EXHIBIT R4(F):OF THE PERMIT ISSUED BY THE GEOLOGIST FOR SELLING AND PROCESSING MENRALS DATED 2.12.2019 EXHIBIT R4(G):OF THE DEALERS LICENCE ISSUED BY THE MINING AND GEOLOGY EXHIBIT R4(H):OF THE D& O LICENCE ISSUED BY MAKKARAPARAMBU GRAMA PANCHAYAT WHICH IS VALID UPTO 31.3.2025 DATED 28.9.2020 EXHIBIT R4(I):OF THE STOCK REPORT DATED 8.10.2020 EXHIBIT R4(J):OF ORDINANCE NO.12/2020 EXHIBIT R4(K):OF THE RECEIPT SHOWING PAYMENT OF RS.2,84,200/- DATE 13.10.2020 EXHIBIT R4(L):OF THE PROCEEDINGS ISSUED BY THE MINING AND GEOLOGY DIRECTOR ON 6.1.2011 EXHIBIT R4(M):OF THE LICENCE ISSUED BY THE MINING AND GEOLOGY TO THE 4TH RESPONDENT DATED 9.9.2016 EXHIBIT R4(N):OF THE LICENCE UNDER THE EXPLOSIVE RULES ON 27.8.2018 ISSUED BY THE 4TH RESPONDENT EXHIBIT R4(O):OF THE JUDGMENT DATED 3.12.2019 IN WPC 34298/2011 EXHIBIT R4(P):OF THE JUDGMENT IN CRIMINAL MC 2158/2020 DATED 11.9.2020 EXHIBIT R4(Q):OF THE NOTICE DATED 22.09.2020, ISSUED TO THE 4TH RESPONDENT EXHIBIT R4(R):OF THE NOTICE DATED 22.09.2020, ISSUED TO THE 47H

W.P.(C).No.25871/2019 14 RESPONDENT EXHIBIT R4(S):OF THE OBJECTION FILED BY THE 4TH RESPONDENT BEFORE THE GEOLOGIST EXHIBIT R4(T):OF THE NOC ISSUED BY THE VILLAGE OFFICER DATED 15.3.2019 EXHIBIT R4(U):OF THE NOC ISSUED BY THE VILLAGE OFFICER DATED 23.9.2020 EXHIBIT R4(V):OF THE PASS ISSUED BY THE MINING AND GEOLOGY DEPARTMENT DATED 23.6.2020 FOR LOADING MINERALS 3.125 TONNES EXHIBIT R4(W):OF THE PASS ISSUED BY THE MINING AND GEOLOGY DEPARTMENT DATED 23.6.2020 FOR LOADING MINERALS 2.43 TONNES