S.Shihabudeen vs The District Collector
2021 Latest Caselaw 4130 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                       W.P.(C) No.1044 OF 2021(E)


PETITIONER/S:

      1         S.SHIHABUDEEN
                AGED 60 YEARS
                S/O. SHAHUL HAMEED, RAHMATH MANZIL, AATTINKUZHI,
                KAZHAKUTTAM P.O, THIRUVANANTHAPURAM-695 582

      2         SIYAS S,
                AGED 34 YEARS
                S/O. S. SHIHABUDEEN, RAHMATH MANZIL, AATTINKUZHI,
                KAZHAKUTTAM P.O., THIRUVANANTHAPURAM-695 582

                BY ADV. SRI.M.R.SARIN

RESPONDENT/S:

      1         THE DISTRICT COLLECTOR,
                COLLECTORATE, KUDAPPANAKUNNU,
                THIRUVANANTHAPURAM-695 043.

      2         THE REVENUE DIVISIONAL OFFICER,
                REVENUE DIVISIONAL OFFICE,
                KUDAPPANAKUNNU, THIRUVANANTHAPURAM,
                KERALA-695 043.

      3         THE ASSISTANT COMMISSIONER OF POLICE,
                CYBER CITY SUB DIVISION,
                KAZHAKUTTOM P.O,
                THIRUVANANTHAPURAM-695 582

      4         THE STATION HOUSE OFFICER,
                THUMBA POLICE STATION, KAZHAKUTTOM P.O,
                THIRUVANANTHAPURAM, KERALA-695 022

      5         DINESH, ALIAS KANNAN,
                C/O. SHANTHA, MULAYIL VEEDU, VILAYILKULAM,
                KAZHAKUTTOM P.O., THIRUVANANTHAPURAM-695 582

      6         RAJEEV P.R,
                S/O. S. RAJAN, USHAS NIVAS,
                NEAR FOOD CORPORATION OF INDIA (FCI),
                KAZHAKUTTOM P.O.,
                THIRUVANANTHAPURAM-695 582
 W.P.(C) No.1044 OF 2021(E)

                                 2


        7       FOOD CORPORATION OF INDIA (FCI)
                GODOWN KAZHAKUTTAM P.O, TRIVANDRUM 695 582,
                REPRESENTED BY ASSISTANT MANAGER.


OTHER PRESENT:

                SMT A.C.VIDHYA- GOVERNMENT PLEADER ;
                SRI JOSE KURIAKOSE - STANDING COUNSEL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.1044 OF 2021(E)

                                        3

                                   JUDGMENT

The petitioners, have filed this writ petition under Article 226

of the Constitution of India, seeking writ of mandamus

commanding the respondents 3 and 4 to grant adequate and

effective police protection to the life of the petitioners and their

family members and also to their workers to do loading and

unloading in Food Corporation of India (FCI) godown at

Kazakuttom, against the threat of 5th and 6th respondents and their

men. 1st petitioner is stated to be a contractor, who transports

ration articles from FCI godown to NFSA depot, CMR Mills to NFSA

depot and various depots of supply company, on the strength of

Ext.P1 work order dated 10.12.2020, issued by the Depot

Manager, District Depot, Thiruvananthapuram.

2. On 14.01.2021, when this writ petition came up for

admission, as requested by the learned counsel for the petitioners,

the matter was adjourned to 15.01.2021.

3. On 15.01.2021, the learned Standing Counsel for FCI

was directed to get instructions as to whether the loading activities

inside the FCI godown is being done by the workers of the

petitioners, as stated in the writ petition.

4. On 18.01.2021, the learned Standing Counsel for FCI

pointed out that the loading and unloading activities in FCI godown W.P.(C) No.1044 OF 2021(E)

at Kazhakuttom is done by DPS workers engaged by FCI and not

by any workers of the petitioners. The learned counsel for the

petitioners sought time to file an application to amend the relief

appropriately. As requested by the learned counsel for the

petitioners, this matter was listed on 27.01.2021. On that day, the

learned counsel for the petitioners sought further adjournment and

the matter is listed today for further consideration.

5. Today, when this writ petition is taken up for

consideration, the learned counsel for the petitioners seeks

permission to withdraw the same, on account of certain factual

mistakes crept in while drafting; however without prejudice to the

right of the petitioners to file a fresh writ petition with appropriate

pleadings and reliefs.

Having considered the above submission made by the

learned counsel for the petitioners, this writ petition is dismissed

as withdrawn, without prejudice to the aforesaid right of the

petitioners.

Sd/-

ANIL K. NARENDRAN JUDGE

MIN W.P.(C) No.1044 OF 2021(E)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE WORK ORDER NO.A14-

970/2020 DATED 10.12.2020 ISSUED BY THE DEPOT MANAGER, DISTRICT DEPOT THIRUVANANTHAPURAM.

EXHIBIT P2 THE TRUE COPY OF THE FIR IN CRIME NO.

685/2020 OF THUMBA POLICE STATION REGISTERED AGAINST THE 5TH AND 6TH RESPONDENTS ON 13.07.2020.

EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT ON 4.1.2021

EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT FILED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT ON 5.1.2021.