IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
W.P(C) No.28180 OF 2020(V)
PETITIONER:
INDIA GATEWAY TERMINAL PVT. LTD.,
ADMINISTRATION BUILDING, ICTT,
VALLARPADAM SEZ, ERNAKULAM-682 504
REPRESENTED BY ITS COMPANY SECRETARY,
MS. SREELA C.S.
BY ADVS.
SRI.E.K.NANDAKUMAR (SR.)
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
SRI.RAJA KANNAN
SMT.NAYANPALLY RAMOLA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001, KERALA.
2 THE STATION HOUSE OFFICER,
MULAVUKAD, ERNAKULAM-682 504.
3 COMMISSIONER OF CUSTOMS,
OFFICE OF THE COMMISSIONER OF CUSTOMS,
CUSTOM HOUSE, WILLINGTON ISLAND,
COCHIN-682 009.
4 COCHIN CONTAINER CARRIER OWNERS WELFARE ASSOCIATION,
D B KHONA BUILDING, SUBRAHMANIAN ROAD,
WILLINGTON ISLAND, KOCHI 682 003
REPRESENTED BY ITS SECRETARY, MR. TOMY THOMAS.
5 ISLAND CONTAINER CARRIER OWNERS WELFARE ASSOCIATION,
DOOR NO.317/XII, BASEMENT FLOOR,
GOSHREE TOWER, VALLARPADAM 682 504
REPRESENTED BY ITS PRESIDENT, MR. JAISON ANTONY.
W.P(C) No.28180 OF 2020(V)
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6 KERALA CONTAINER CARRIER OWNERS ASSOCIATION,
DOCK LABOUR BOARD BUILDING,
WILLINGTON ISLAND, KOCHI-682 003
REPRESENTED BY ITS GENERAL SECRETARY, MR.JOY K.J.
7 VALLARPADAM CONTAINER TRUCK OWNERS ASSOCIATION,
ROOM NO. 8, MARY JOSEPH BUILDING, KOCHUPPALLY ROAD,
REPRESENTED BY ITS GENERAL SECRETARY, MR. SHAMEER.
8 CONTAINER CARRIER OWNERS WELFARE ASSOCIATION IN
KERALA,
IIND FLOOR, GOSHREE TOWER, VALLARPADAM-682 504,
REPRESENTED BY ITS GENERAL SECRETARY, MR.
SUNILKUMAR.
R4-6, R8 BY ADV. SRI.PHILIP T.VARGHESE
R4-6, R8 BY ADV. SRI.THOMAS T.VARGHESE
R4-6, R8 BY ADV. SMT.ACHU SUBHA ABRAHAM
R4-6, R8 BY ADV. SMT.V.T.LITHA
R4-6, R8 BY ADV. SMT.K.R.MONISHA
R4-6, R8 BY ADV. SMT.SHRUTHI SARA JACOB
R1-R3 SMT. A.C.VIDHYA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C) No.28180 OF 2020(V)
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JUDGMENT
The petitioner Company, which is operating the International Container Transshipment Terminal at Vallarpadam, pursuant to an agreement with the Cochin Port Trust, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent to afford effective and adequate police protection for free ingress and egress of container trucks, customers, visitors, staff, other stakeholders, employees and vehicles to and from the International Container Transshipment Terminal at Vallarpadam. The petitioner has also sought for a writ of mandamus commanding the 2 nd respondent to ensure that law and order is strictly maintained in the periphery of the International Container Transshipment Terminal at Vallarpadam, in the event of any dharna or demonstration or protest taken out under the leadership of respondents 4 to 8 or any other trade union/association or any persons acting at their behest; a writ of mandamus commanding the 2 nd respondent to ensure that the trucks being operated/driven by the drivers/workmen of the members of respondents 4 to 8 are not W.P(C) No.28180 OF 2020(V) -4- unauthorisedly parked inside the petitioner's premises; and directing the 2nd respondent to ensure that no dharna or other demonstration or protest takes place within a radius of 500 meters from the entrance of the International Container Transshipment Terminal at Vallarpadam; and a writ of mandamus commanding the 2nd respondent to ensure that there is no threat to the property of the petitioner or to the life of the truck drivers, customers, visitors, other stakeholders and employees of the petitioner on account of actions/agitations by drivers/workmen of respondents 4 to 8 or any other trade union/association or anyone acting at their behest.
2. On 16.12.2020, when this writ petition came up for admission, this Court issued notice before admission to the respondents. The learned Government Pleader took notice for respondents 1 and 2. The learned Standing Counsel took notice for the 3rd respondent and urgent notice by special messenger was ordered to respondents 4 to 8.
3. On 16.12.2020, this Court passed an interim order which reads thus;
W.P(C) No.28180 OF 2020(V) -5- "Notice before admission to the respondents. The learned Government Pleader takes notice for respondent Nos.1 and
2. Sreelal N. Warrier, the learned Standing Counsel takes notice for respondent No.3. Issue urgent notice by special messenger to respondent Nos.4 to 8.
I have considered the submissions advanced by Sri.E.K.Nandakumar, the learned Senior Counsel appearing for the petitioner.
Having gone through the records and considering the submissions advanced, there will be a direction to the 2 nd respondent to initiate appropriate measures to ensure that the free ingress and egress of container trucks, officers, staff, customers, vehicles etc. To the International Container Transshipment Terminal at Vallarpadam is not obstructed by the respondents 4 to 8. The 2nd respondent shall also ensure that the respondents 4 to 8 or their members do not park vehicles inside the premises of the petitioner with a view to prevent free access to the Terminal."
4. Today, when this case is taken up for consideration, respondents 4, 5, 6 and 8 entered appearance through counsel.
5. The learned counsel for the petitioner would submit that at present, there is no obstruction from the side of the party respondents and as such, the petitioner do not want to prosecute this writ petition further. Therefore, the same may be dismissed as withdrawn, without prejudice to the right of the petitioner to W.P(C) No.28180 OF 2020(V) -6- approach this Court again, in case of any obstruction or threat to law and order.
Recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, reserving the aforesaid right of the petitioner.
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ANIL K. NARENDRAN JUDGE bpr