JUDGMENT :

M. NIRMAL KUMAR, J.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 3rd and 4th respondents to provide police protection to the petitioner to peacefully carryout the quarrying operations in 728/2, 729/1, 729/2, 729/3 for an extent of 2.78.5 Hectares at Sokkanur Village, Kinathukadavu Taluk, Coimbatore in accordance with the license issued to the petitioner by the 2nd respondent in Na. Ka. No. 267/Kanimam/2019, dated 20.11.2020 for a period of 5 years from 20.11.2020 to 19.11.2025 by considering the petitioner’s complaint in C.S.R. No. 95/2021, dated 19.06.2021.

1. This Writ Petition has been filed to direct the 3rd and 4th respondents to provide Police protection to the petitioner to peacefully carry out the quarry operations in 728/2, 729/1, 729/2, 729/3 for an extent of 2.78.5 Hectares at Sokkanur Village, Kinathukadavu Taluk, Coimbatore in accordance with the license issued to the petitioner by the 2nd respondent in Na. Ka. No. 267/Kanimam/2019, dated 20.11.2020 for a period of 5 years from 20.11.2020 to 19.11.2025 by considering the petitioner’s complaint in C.S.R. No. 95/2021, dated 19.06.2021.

2. The learned counsel for the petitioner submitted that the petitioner was granted quarry license for quarrying rough stone and gravel quarry at 728/2, 729/1, 729/2, 729/3 for an extent of 2.78.5 Hectares at Sokkanur Village, Kinathukadavu Taluk, Coimbatore by the 2nd respondent. The necessary environmental clearance is also granted vide LR. No. SEIAA-TN/F. No. 7214/1(a)/E.C. No. 4148/2020, dated 10.02.2020 by the Member Secretary, State Level Environment Impact Assessment Authority. Further to it, the 2nd respondent executed quarry cum lease agreement in document No. 7100 of 2020, dated 24.11.2020 on the file of the Sub-Registrar Office, Kinathukadavu for quarry purpose in the above said survey numbers for a period of five years from 20.11.2020 to 19.11.2025 for a seigniorage fee of Rs. 3,21,10,956/-. This being the case, the 5th respondent and his henchmen from Sokkanur Village used to stop the lorries carrying stones to pay mamool for them, since they are powerful persons and threatened that without their approval, no transportation can be done and also gave life threat to them. The lorry drivers informed the 5th respondent and his henchmen about the proper license and clearance obtained from all the authorities, but they failed to heed the same and continued their threat and illegally demanded mamool/protection money.

3. The learned counsel further submitted that on 19.06.2021, the petitioner approached the 4th respondent to take legal action against the 5th respondent and his henchmen and also to provide police protection. Though C.S.R. No. 95 of 2021 was assigned, no action taken. The respondents 3 and 4 are duty bound to consider the petitioner’s complaint and also to provide Police protection for unhindered quarry operation to be carried out by the petitioner who were granted license, approval and Environment Clearance Certificate by the respondents 1 and 2. The petitioner, due to the 5th respondent’s high handedness and obstruction, is undergoing huge loss of interest to the seigniorage fee of Rs. 3,21,10,956/-.

4. In support of his submission, the learned counsel for the petitioner produced the Environment Clearance Certificate, dated 10.02.2020, Quarry cum Lease Agreement, dated 20.11.2020, Certificate of Registration for Transport, dated 12.02.2021, the complaint dated 19.06.2021, the copy of C.S.R. No. 95 of 2021 issued by the 4th respondent Police and the orders passed by this Court in W.P. No. 1963 of 2021, dated 04.02.2021 and W.P. No. 9128 of 2021, dated 17.04.2021, wherein this Court on similar grounds had granted Police protection for quarrying of stones and transportation of the same.

5. The learned Additional Public Prosecutor appearing for the respondents 1 to 4 submitted that on the complaint of the petitioner, enquiry was conducted by