Sansco Technologies (Kerala) ... vs State Of Kerala
2021 Latest Caselaw 1027 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                      W.P.(C) No.29012 OF 2020(B)


PETITIONER/S:

                SANSCO TECHNOLOGIES (KERALA) PRIVATE LIMITED,
                (FORMERLY KNOWN AS OPPO ELECTRONICS KERALA PRIVATE
                LIMITED), BUILDING NO.67/6446-B, C, BANERJI ROAD,
                ERNAKULAM-682031,
                REPRESENTED BY ITS AUTHORIZED SIGNATORY, NISHA NAIR.

                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

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
                GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM-695001, KERALA.

      2         THE STATION HOUSE OFFICER,
                CENTRAL POLICE STATION, ERNAKULAM-682018.

      3         KERALA MEDICAL AND SALES REPRESENTATIVES'
                ASSOCIATION (CITU), BTR BHAVAN,
                CEMETERY JN. BANERJI ROAD,
                ERNAKULAM-680018,
                REPRESENTED BY ITS GENERAL SECRETARY,
                MR.MOHAN C.NAIR.

                R1-R2 BY GOVERNMENT PLEADER

OTHER PRESENT:

                SMT A.C.VIDHYA-GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.29012 OF 2020(B)

                                         2

                                 JUDGMENT

The petitioner, which is a company registered under the

Companies Act, 2013, dealing with the business of mobile trading

sales and services, having its corporate office at building

No.67/6446-B,C in Ernakulam, 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 the

petitioner's employees, customers, workmen, visitors, staff, other

stakeholders and vehicles to and from the premises of the

petitioner. The petitioner has also sought for a writ of mandamus

commanding the 2nd respondent to ensure that the flags and

banners put up by the members of the 3rd respondent and others

acting at their behest or under their leadership are removed; and

to issue a writ of mandamus commanding the 2nd respondent to

ensure that no dharna or other demonstration or protest takes

place within a radius of 100 meters from the boundary of the

petitioner's property at Bannerji Road.

2. On 22.12.2020, when this writ petition came up for

admission, notice before admission was ordered to the

respondents. The learned Government Pleader took notice for W.P.(C) No.29012 OF 2020(B)

respondents 1 and 2. Urgent notice by special messenger was

ordered to 3rd respondent. This Court passed an interim order

directing the 2nd respondent to ensure that no obstruction is

caused by the 3rd respondent or their men to the free ingress and

egress into the establishment of the petitioner by their employees,

workmen, customers, visitors and their vehicles. It was made clear

that the 3rd respondent shall not put up flags and banners inside

the private premises of the petitioner and if any flags are placed,

the petitioner shall be entitled to remove them.

3. A statement has been filed by the 2nd respondent

Station House Officer on 07.01.2021. Paragraph 3 and 5 of that

statement read thus:

"3. It is humbly submitted that the petitioner in this writ petition submitted complaint before the Station House Officer, Central Police Station on 21.12.2020. The petitioner alleged that the members of the 3 rd respondent and others acting at their behest or under their leadership staged an illegal demonstration within the private premises of the petitioner on 21.12.2020 from 11.00 a.m. onwards. They put up flags within the premises and completely obstructed ingress and egress to and from the petitioner's premises.

They threatened the employees of the petitioner and even physically pushed the Legal Assistant of the petitioner. The actions of the members of the 3 rd respondent and other their behest are adversely affecting the functioning of the W.P.(C) No.29012 OF 2020(B)

petitioner. Hence requested to provide effective police protection immediately to remove the obstruction being caused by the members of the 3 rd respondent and to ensure there is free ingress and egress to the premises without any interference of members of 3rd respondent.

4. It is humbly submitted that after the demonstration of the 3rd respondent association, there is no law and order issue occurred there. It is submitted that the direction of the Hon'ble Court as per the order dated 22.12.2020 directing the 2nd respondent to ensure that no obstruction is caused by the 3rd respondent or their men to the free ingress and egress into the establishment of the petitioner by their employees, workmen, customers, visitors and their vehicles is being complied till date.

5. It is humbly submitted that after the interim order passed by the Hon'ble Court, no dharna or other demonstration or protest taken place within a radius of 100 meters from the boundary of the petitioner's property. Some flags were seen outside the premises of the petitioner's property which were removed from there on 05.01.2021. True copy of the photographs showing the same is produced herewith and marked as Annexure R2(a). There is no law and order issue prevailing there. At present, there is no imminent threat to the life and property of the petitioner."

4. Heard the learned counsel for the petitioner and also

the learned Government Pleader for respondents 1 and 2. Despite

service of notice, none appears for the 3 rd respondent.

5. During the course of arguments, it is pointed out by the

learned counsel for the petitioner and also the learned Government W.P.(C) No.29012 OF 2020(B)

Pleader, that in terms of the interim order of this Court dated

22.10.2020, the 2nd respondent Station House Officer has rendered

necessary police protection and at present, there is no law and

order problems. The flags put by the 3 rd respondent has also been

removed.

In such circumstances, recording the aforesaid submission

made by the learned counsel for the petitioner and also the

learned Government Pleader, this writ petition is disposed of

recording the fact that the flags put by the 3 rd respondent has

already been removed on 05.01.2021.

Sd/-

ANIL K. NARENDRAN JUDGE MIN W.P.(C) No.29012 OF 2020(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PHOTOGRAPHS TAKEN ON 21.12.2020 OF THE PETITIONER'S PREMISES.

EXHIBIT P2 A TRUE COPY OF THE PETITIONER'S LETTER DATED 21.12.2020 ISSUED TO THE 2ND RESPONDENT.