Muhammed vs State Of Kerala

N.Nagaresh, J

The petitioners state that they are engaged in mining activities and are excavating ordinary soil. The excavation made by the petitioners is intended for aiding the widening of National Highway Project in Palakkad. Respondents 5 to 8 are causing unnecessary and illegal obstruction to the mining activities, contend the petitioners.

Counsel for respondents 5 to 8 appeared in the writ petition and resisted the writ petition vehemently. It is stated by respondents 5 to 8 that the deep mining activity carried out by the petitioners in a hilly area is adversely affecting the environment. The mining area is surrounded by more than 100 houses. About 100 Metres far from the area, a Government School is situated. There is also an Anganvadi 150 Metres away. Extraction of ordinary earth will cause danger to the existence of the School and Anganavadi. It will adversely affect the environment.

The counsel for respondents 5 to 8 further submitted that there is certain objection raised by the Geologist also in respect of the excavation being carried out by the petitioners. The counsel for respondents 5 to 8, however, submits that respondents 5 to 8 have no intention to physically cause obstruction to the activities of the petitioners.

In that view of the matter, the writ petition is disposed of with the following directions:-

(1) Respondents 2 to 4 shall extend adequate police protection to the petitioners, if there is illegal physical obstruction caused to the activities of the petitioners.

(2) Respondents 5 to 8 will be at liberty to take up any legal grievance with regard to the mining activity before the competent authorities, in accordance with law.