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Judgment
N. Nagaresh, J
The petitioner is aggrieved by the obstruction allegedly caused by respondents 6 and 7 in removing red earth from the property of the petitioner.
The petitioner states that the petitioner has all statutory permissions and Mineral Transit Passes have been issued to the petitioner for removal of red earth. This was issued after the District Geologist made a site inspection. But, respondents 6 and 7 along with one Santhosh have openly declared that they will not allow the petitioner to remove red earth from the property. On 14.01.2023, respondents 6 and 7 came to the property and openly threatened the petitioner with dire consequences.
Counsel entered appearance on behalf of respondents 6 and 7. Respondents 6 and 7 controverted all the material allegations made by the petitioner against them in the writ petition. It is submitted on behalf of respondents 6 and 7 that they have not caused any physical threat or obstruction to the petitioner. However, the petitioner’s vehicles are plying with heavy load of red earth, damaging the road, which is recently renovated by the Local Self Government Institution. Unless some regulations are made regarding the transportation of red earth by the petitioner, the public interest will suffer, contend respondents 6 and 7.
I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 3, the learned Standing Counsel representing the 5th respondent and the learned counsel appearing for respondents 6 and 7.
The petitioner states that the petitioner wanted to remove the red earth from his property for construction of a residential building. The petitioner will be removing only a limited quantity of red earth, for which the District Geologist has already issued Mineral Transit Passes. Unless the petitioner transports red earth during the currency of the Mineral Transit Passes, the petitioner will be put to untold hardship.
I find that if respondents 6 and 7 or anybody else has any grievance regarding plying of the vehicles by the petitioner with heavy load, respondents 6 and 7 or such other person shall approach the competent authorities with complaints and they are not expected to take law into their hands.
In the facts of the case, the writ petition is disposed of directing the 3rd respondent-Station House Officer to grant protection to the petitioner for removal of red earth, from the threat of respondents 6 and 7. It is made clear that respondents 6 and 7 will be entitled to take up their grievance, if any, against transportation of red earth on vehicles before appropriate statutory authorities. This judgment will not restrain respondents 1 to 3 in regulating the traffic in accordance with law, if the same is found necessary.