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2007 Supreme(Ker) 579

T.R.RAMACHANDRAN NAIR, K.BALAKRISHNAN NAIR
Thilakan – Appellant
Versus
C. I. Of Police – Respondent


Judgment :-

Balakrishnan Nair, J.

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 in 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.P-1 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 me















































































































































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