RAHUL P. THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Writ Petition is filed for police protection for transport of machinery to petitioners' site for starting production of m -sand. The petitioners' case is that the m -sand unit is set up in 18 acres of land belonging to them. Learned counsel appearing for respondents 8 to 10 submitted that the petitioners do not have approval from the Municipality to start the m -sand unit. Learned counsel for the petitioners submitted that vide Ext.P8 interim order, this Court granted police protection for the initial work in the factory.

(2.) WE do not think the respondents have any right to object transport of machinery to petitioners' site. The petitioners are free to transport machinery without any interference and if there is any interference by anyone, the Police should give sufficient protection to transport equipments to the site. We feel, when there is scarcity of river sand and prohibition against collection of the same from rivers, the only substitute is m -sand which is sand produced from rock, and in our view, the municipal and government authority should encourage production of m -sand to meet the needs of the people for construction of house and other buildings. Therefore, we dispose of the WP(C) directing the Police to grant protection, if necessary, in the event of obstruction for transport of machinery by the petitioners. Certainly, the petitioners should ensure that the Company operates without causing any pollution particularly sound and dust pollutions to the neighboring residents. It is also for the petitioners to construct sufficiently wide road to ensure that transport of sand in heavy trucks does not cause any kind of obstruction or inconvenience to the traveling public.