Kerala High Court
Kerala State Beverages (Manufacturing ... vs State Of Kerala on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 6478 OF 2024
PETITIONER:
KERALA STATE BEVERAGES
(MANUFACTURING & MARKETING) CORPORATION LTD.,
BEVCO TOWER, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS
CHAIRMAN AND MANAGING DIRECTOR., PIN - 693033.
BY ADV NAVEEN.T
SMT.CHITHRA CHANDRASEKHARAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
TAXES DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.,
PIN - 695001.
2 THE DISTRICT POLICE CHIEF,
ERNAKULAM RURAL, ALUVA,
ERNAKULAM DISTRICT., PIN - 683101.
3 THE STATION HOUSE OFFICER
EDATHALA POLICE STATIION,
EDATHALA, ERNAKULAM DISTRICT.,
PIN - 683561.
4 SHAJI E.S., ERUTHIYIL HOUSE,
GANDHINAGAR, ERUMATHALA P.O., ALUVA,
ERNAKULAM DISTRICT., PIN - 683112.
5 SHIBU K.V.
S/O VELAYUDHAN, KAIPALATHIL,
ASOKAPURAM, ALUVA,
ERNAKULAM DISTRICT., PIN - 683101.
6 BABU JOHN, S/O JOHN MANGALASSERIL,
CHOONDY, ERUMATHALA, ALUVA,
ERNAKULAM DISTRICT.,
PIN - 683112.
WP(C) NO. 6478 OF 2024
-2-
BY ADVS.
NANDAGOPAL NAMBIAR V.V
PREEJA. P.VIJAYAN(K/104/2006)
SMITHA (EZHUPUNNA)(K/223/2015)
CHITRA JOHNSON(K/000924/2018)
SRI.P.M.SHAMEER,GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 6478 OF 2024
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JUDGMENT
When this matter was called today, Sri.V.V.Nandagopal Nambiar - learned counsel for respondents 4 to 6, submitted that every allegation made against his clients in this Writ Petition is untrue and factually incorrect; and that they have not meted out any threat or intimidation to the petitioner - Company, or to their employees. He explained that his clients, in fact, have filed W.P(C)No.6164/2024, challenging Ext.P3 herein; and that, it is as a counterblast to the same, that the petitioner has approached this Court through this Writ Petition. He thus prayed that this Writ Petition be dismissed.
2. Sri.P.M.Shameer - learned Government Pleader, also affirmed that the party respondents have caused no obstruction to the WP(C) NO. 6478 OF 2024 -4- petitioner, or to their employees; and that the Police are ensuring that law and order is maintained, without any breach of peace being caused by any person.
3. Smt.Chithra Chandrasekharan - learned counsel for the petitioner, however, submitted that her client is still facing threats from respondents 4 to 6 and their men; and thus reiteratingly prayed that the reliefs sought for in this Writ Petition be granted.
4. I have no doubt that the undertaking of the learned Government Pleader, supported by that of Sri.V.V.Nandagopal Nambiar, would be sufficient to allay the apprehensions of the petitioner fully, if not substantially.
In the afore circumstances, I allow this Writ Petition, recording the submissions of the learned Government Pleader and that of Sri.V.V.Nandagopal Nambiar; with a consequential WP(C) NO. 6478 OF 2024 -5- direction to the 3rd respondent - Station House Officer, to ensure that law and order is always maintained in the area in question; and that no one, including the party respondents or their men, is allowed to take law into their own hands, or to cause any threat or intimidation to the petitioner and their employees.
I, however, clarify that the afore directions will not fetter or impede the rights of the party respondents, as are entitled to them, to pursue and impel any of their remedies before any alternative Forum/Court; for which, all rival contentions in that regard are left open.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 6478 OF 2024 -6- APPENDIX OF WP(C) 6478/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 23-1- 2020 IN WPC NO. 138/2020 OF THIS HONOURABLE COURT.
EXHIBIT P2 TRUE COPY OF THE TENDER NOTICE DATED 25-1-2024 ISSUED BY THE PETITIONER- BEVERAGES CORPORATION.
EXHIBIT P3 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE CORPORATION AND SRI. AJMAL M.A. ON 6-2-2024.
EXHIBIT P4 TRUE COPY OF THE FIR NO. 0104 DATED 9- 2-2024 REGISTERED BEFORE THE EDATHALA POLICE STATION.
EXHIBIT P5 TRUE COPY OF THE FIR NO. 0123 DATED 14-2-2024 REGISTERED BEFORE THE EDATHALA POLICE STATION.
EXHIBIT P6 TRUE COPY OF THE FIR NO. 0124 DATED 15-2-2024 REGISTERED BEFORE THE EDATHALA POLICE STATION.
EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 9-2- 2024 SUBMITTED BY THE MANAGER OF THE WAREHOUSE BEFORE THE 3RD RESPONDENT. EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 14-2- 2024 PREFERRED BY THE REGIONAL MANAGER, KSBC, ERNAKULAM BEFORE THE 2ND RESPONDENT, ALONG WITH RECEIPTS. RESPONDENT EXHIBITS EXHIBIT R4(A) TRUE COPY OF THE COMMUNICATION DATED 28/02/2024