Country Governs On Rule Of Law, Every Citizen Has Right To Do Any Business Permissible Under Law: Kerala High Court

The Kerala High Court observed that every citizen has a right to do any business or pursue any avocation permissible under law, following the provisions of law.

The Petitioner filed a Writ Petition seeking adequate police protection to the petitioner and the scientific survey team of Geological Survey of India to conduct inspection and study in the quarrying land.

The Bench of Justice N. Nagaresh observed, “In our country governed by Rule of Law, every citizen has a right to do any business or pursue any avocation permissible under law, following the provisions of law. Whether such an avocation/business is to be permitted or not, is for the competent authorities under the State to decide.”

Case Brief

The Petitioner took on lease certain land for the purpose of conducting quarrying activities. However, it was contended by the Petitioner that the Respondents are attempting to get rid of the petitioner in order to start the quarrying operations themselves.

Besides, it was also alleged that if quarrying operations are conducted by the petitioner, it would damage a water tank owned by the Kerala Water Authority.

While the Respondents contended that the vehicle traffic to and from the quarry would cause damage to the water pipes. The blasting operations would cause damage to the water tank. Therefore, the proposed quarry will be against the interest of the general public. Furthermore, a new water tank has also been proposed which would be less than 50 metres away from the site in question.

Court’s Analysis

The Court took into account the fact of the study of Geological Survey of India which provides that the proposed quarrying site is not vulnerable to landslides in and around,hence, the site appears to be suitable for quarrying activities.

With regard to the obstructions created by the Respondents in study, the Court observed that India is governed by Rule of Law, every citizen has a right to do any business or pursue any avocation permissible under law, following the provisions of law. The Court further remarked that the Respondent concerned or anyyone claiming under him cannot take law into their hand and obstruct such study.

Accordingly, the Writ Petition was allowed.

Cause Title: Sobin P K V. State of Kerala & Ors (Neutral Citation:2025:KER:52364)

Appearance:

Petitioner: Advocates Shri.Vijay Sankar and V.H. Smt.Mintu Cheriyan

Respondents: Advocates Shri.P.M.Joshi, Sri.Peeyus A.Kottam, Smt.Siji K.Paul, Shri.Bonny Baby, Smt.Sruthi Sunilkumar, Shri. C. Gokulkrishnan, Shri.V.V.Joshi, Sri.Dheeraj A.S., Government Pleader

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