THILAKAN Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) Though, this is one of the run-of-the-mill police protection cases being filed every day before this Court, it throws up certain questions relating to environmental protection. The main point that arises for decision is whether the police should stand guard against the protesters when the petitioner removes ordinary earth from a plot of land in a remote village, on the strength of an agreement entered into by him with the owner of the property.

(2.) The brief facts of the case are the following : The petitioner makes a living by engaging in the business of supplying ordinary earth for land filling is connection with various developmental activities. M/s. Goodway Business Corporation Limited own a plot of land having an extent of 91 cents in re-survey No. 62/2 of Vallachira village in Vallachira Grama Panchayat, Thrissur District. The said Corporation by Ext. P1 agreement, granted the right to cut and remove the trees standing in the said plot, to dismantle and take away the old building in the said property and also to remove the ordinary earth from the surface till the level of the said property reaches the road level, subject to payment of the amounts mentioned therein. On the strength of the agreement, the petitioner has already cut and removed the trees and dismantled the old building. When he started removing the upper soil, engaging workmen and using equipments like J. C. B., the people of the locality led by respondents 3 and 4 obstructed the same. The petitioner submits ordinary earth does not come under the definition of minor mineral as per the notification issued under the Mines and Minerals (Regulation and Development) Act, 1957. In support of this submission, he relies on the communication issued by the Geologist of Ernakulam district to one Mr. K.K. Khaleel, a copy of which is produced as Ext. P2. Against the obstruction of the local people, the petitioner submits, he filed Ext. P3 representation dated 26-7-2007 before respondents 1 and 2, seeking police protection for removal of the ordinary earth from the aforementioned plot of land. When the police did not extend any helping hand, this writ petition is filed, seeking the following relief:

(3.) The 2nd respondent police officer has filed a statement, stating that the removal of earth is obstructed by the general public. The respondents 3 and 4, who are the owners of the nearby properties, are also among them. The Panchayat has taken a decision at its meeting held on 5-12-2005, to prevent illegal removal of earth. The resolution passed by it has been forwarded to the 2nd respondent also. The copy of that resolution received from the Panchayat is produced at Annexure-R2(a). The translation of Annexure-R2(a) reads as follows: