K.MOHANA KUMAR Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE writ petition is filed seeking police protection for the peaceful conduct of the petitioner's crushing unit and quarrying operation and for the lives of the petitioner, Partner, staff and workers against illegal acts of respondents 5 to 12 and their henchmen. The averments in the writ petition are as follows:

(2.) THE petitioner's firm by name 'Sreesastha Blue Metals' is conducting a metal crushing unit situated in Re - surevey No. 260/16, 258/16 in Kunnathukal Panchayath. The unit was started after availing a loan of Rs.1,35,00,000.00 from State Bank of India. Thus the petitioner is required to repay huge amounts as instalments on monthly basis and the petitioner cannot afford to stop its business operation even for a short period. Exts.P1 to P3 are the documents pertaining to the loan transactions. The petitioner has already obtained all statutory permits/licences for conducting the unit. Ext.P4 is the licence issued by the Panchayath for conducting crusher unit. Ext.P5 is the true copy of the consent issued by the Pollution Control Board and Ext.P6 is the Explosive Licence issued by the Joint Chief Controller of Explosives. Ext.P7 is the certificate issued by the Controller of Explosives, Ernakulam and Ext.P8 is the certificate of registration issued by the Authority under Central Sales Tax (Registration and Turnover) Rules, 1957. Ext.P9 is the licence for quarrying issued by the Panchayath. Ext.P10 is the quarrying permit issued by Geologist, Department of Mining & Geology, Thiruvananthapuram for quarrying in Survey No.263/3 of Anavoor Village. Ext.P11 is the quarrying permit issued in favour of the petitioner for quarrying in Re -Survey No.260/20, 263/5, 5 -1 of Anavoor Village. Exts.P12 and P13 are the agreements entered into by the petitioner with the owners of the land in Survey Numbers mentioned above.

(3.) AGGRIEVED by the unlawful obstruction caused by respondents 5 to 12, the petitioner filed Ext.P12 complaint before the second respondent. Again the petitioner has filed Ext.P15 complaint complaining the unlawful act of respondents 5 to 12. Though by Exts.P14 and P15, the petitioner requested respondents 2 to 4 to extent sufficient protection against the illegal act perpetrated by respondents 5 to 12, respondents 1 to 4 have not taken any action on the above said complaints. In the above circumstances, the petitioner filed this writ petition with the aforementioned reliefs.