RAJU T T Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The petitioner extracted clay on the basis of Ext.P1 Mining Permit issued to him under the Kerala Minor Mineral Concession Rules. The complaint of the petitioner is that respondents 2 to 4 are obstructing the mining activities which are being done strictly in accordance with Ext.P1-permit. The respondents 2 to 4 appears through counsel and contest the writ petition. Although they would assert that they are not in any way obstructing the petitioner in his mining activities, they would submit that the petitioner is conducting mining activities without complying with the conditions in Ext.P1. They would submit that they have approached the Panchayat and the Revenue Divisional Officer against the illegal activities of the petitioner in the matter of extracting clay.

(2.) After hearing both sides, we are of the opinion that although the respondents 2 to 4 have a right to approach the appropriate authorities to point out any illegality committed by the petitioner if the petitioner is conducting mining activities against the Rules, they have no right to obstruct the petitioner from exercising his right under Ext.P1- permit. In the above circumstances, recording the submission of respondents 2 to 4 that they are not obstructing the petitioner in the mining of clay as per Ext.P1, we direct the 1st respondent to afford adequate police protection to the petitioner to conduct mining activities as per Ext.P1, if the petitioner is conducting the mining activities in accordance with Ext.P1 permit issued to him and the rules governing such permit as per the current permit or as per the renewed permit, if the petitioner gets the same renewed after its expiry. The Sub Inspector, if necessary, may get assistance from the concerned Geologist to ensure that the petitioner conducts the mining strictly in accordance with Ext. P1.

(3.) The Writ Petition is disposed of as above This judgment shall not stand in the way of any authority either under the Kerala Mining and Mineral Concession Rules or the Kerala Panchayat Raj Act taking any action if they find any illegal activity by the petitioner in the matter of mining clay.