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2008 Supreme(Ker) 105

K.BALAKRISHNAN NAIR, P.N.RAVINDRAN
Gem Granites – Appellant
Versus
Deputy Supdt. of Police – Respondent


Advocates Appeared:For the Petitioners:M.K. Damodaran (Sr.), P.K. Vijayamohanan, Advocate. For the Respondents:P.A. Salim, Government Pleader, Gopakumar thaliyil, r. gopan, G.P. Shinod, G. Rammohan, Advocates.

Judgment :

K. Balakrishnan Nair, J.

This is a writ petition filed under Article 226 of the Constitution of India, praying that the police may be directed to grant protection to the quarrying operations in the petitioner’s property, for which it has obtained quarrying lease from the Director of Mining and Geology, as evident from Exts.P1 and P2 proceedings of the said officer. The respondents resisted the application, contending that the petitioner does not have the statutory licences/clearances under other relevant statutes and therefore, it is not entitled to do any quarrying. That being so, according to them, its prayer for police protection is untenable. But, according to the petitioner, once it has got the lease under the Kerala Minor Mineral Concession Rules, nothing more is required to run the quarry. The above dispute is the point that arises for decision in this case.

2. The brief facts of the case pleaded by the petitioner are the following: The petitioner firm, represented by its Manager, submits that it is engaged in the quarrying, transportation and exporting of Dimension and Decorative Stones. The quarrying is done using the mechanical devices of “Diamond Wire Saw” and


























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