Valid permits for quarrying activities cannot be obstructed by local residents without evidence of statutory violations.

JUDGMENT :

N.Nagaresh, J.

W.P.(C) No.44783/2024 and Contempt of Court Case No.331/2025 have been filed by the petitioner who has obtained requisite licences for conducting laterite stone quarrying in Chekyad Village of Vatakara Taluk in Kozhikode District. W.P.(C) No.9014/2025 is filed by a resident of Chekyad area, aggrieved by the proposed quarrying activities. The parties and exhibits are referred to in this judgment as they are described and marked in W.P.(C) No.44783/2024, unless otherwise specified.

2. The petitioner states that he has obtained permission from the Department of Mining and Geology, Government of Kerala to conduct laterite stone quarrying in the 0.9714 Hectares of property comprised in Survey No.34/2 in Chekyad Village of Vatakara Taluk as per Ext.P1 quarrying permit. The State Environment Impact Assessment Authority (SEIAA), Kerala has issued Environmental Clearance for the laterite as per Ext.P2.

3. After obtaining necessary permits, when the petitioner and his workers went to the proposed quarrying area, respondents 5 to 14 trespassed into the property and obstructed the operations. Respondents 5 to 14 are local residents. Respondents 5 to 14 are capable of causing harm to the petitioner and his workmen. The petitioner therefore filed Ext.P3 complaint before the 2^nd respondent-District Police Chief on 05.12.2024. However, the police authorities refused to afford effective police protection. Hence, the petitioner has filed this writ petition seeking to direct respondents 1 to 4 to give adequate police protection to the life of the petitioner and his employees.

4. When this writ petition came up for admission, this Court passed an interim order dated 24.12.2024 directing the 3^rd respondent-Circle Inspector of Police to afford sufficient and adequate police protection to the life of the petitioner and his employees for carrying out quarrying operations strictly in accordance with the permission granted by the authorities.

5. The 14^th respondent in W.P.(C) No.44783/2024 has filed W.P.(C) No.9014/2025 seeking to command the respondents to take necessary action to stop the quarrying activities of the petitioner. According to the 14^th respondent, he has filed Ext.P3 complaint before the District Collector, the Environmental Engineer and the District Geologist against the improper quarrying and mining by the petitioner. Those complaints are not properly considered. The statutory authorities have to stop the illegal functioning of the quarry, causing hazard and danger to the life of the general public.

6. The 14^th respondent urged that Chekyad and adjacent areas are environmentally sensitive and are prone to landslides and floods. The adverse environmental impact has been ignored while granting permit to the petitioner. The entire population in Chekyad area are aggrieved by and agitated against the quarrying activities of the petitioner. This is evident from large number of newspaper reports.

7. The 14^th respondent further argued that environmental clearance has been given subject to specific conditions as contained in Ext.P2. The petitioner has violated most of the conditions as contained in Ext.P2. The statutory authorities are therefore compellable to interfere in the matter and stop quarrying activities by the petitioner.

8. I have heard the learned counsel for the petitioner and the learned counsel appearing for respondents 5 to 14. I have also heard the learned Standing Counsel appearing for the Pollution Control Board, the learned Standing Counsel appearing for SEIAA and the learned Senior Government Pleader representing the State of Kerala.

9. It is evident from Ext.P1 that the petitioner has been granted quarrying permit on 29.11.2024 by the District Geologist as per Ext.P1. The quarrying permit has been issued under Rules 3(1) and 9 of the Kerala Minor Mineral Concession Rules , 2015. Ext.P1 is valid till 28.11.2025. The quantity of extraction of mineral permitted is indicated in Ext.P1.

10. The SEIAA has granted