Citation : 2021 Latest Caselaw 2954 Ker
Judgement Date : 27 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942
W.P.(C) No.878 OF 2020(H)
PETITIONER/S:
MR.R.SOMAN
AGED 59 YEARS
S/O RAGHAVAN,
PROPRIETOR OF M/S BEENA RUBBER DEALERS,
PRANAV-TOWER,
POOLANTHARA,
SHANTHIGIRI P.O.,
POTHANKODE,
THIRUVANANTHAPURAM(DT),
PIN CODE-695 589.
BY ADV. SRI.A.S.JEOTHI BASU
RESPONDENT/S:
1 THE SUPERINTENDENT OF POLICE
THIRUVANANTHAPURAM,
THIRUVANANTHAPURAM-695 033.
2 DY.S.P.
ATTINGAL, DY S.P.OFFICE,
ATTINGAL,
THIRUVANANTHAPURAM(DT),
PIN-695 101.
3 CIRCLE INSPECTOR,
POTHANCODE,
THIRUVANANTHAPURAM(DT),
PIN-695 584.
4* ADDL.R4. CONVENOR, CITU,
POOLANTHARA UNIT,
SHANTHIGIRI P.O.,
POTHENCODE,
THIRUVANANTHAPURAM DISTRICT,
PIN CODE-695 589.
5* ADDL.R5 CONVENOR, INTUC,
POOLANTHARA UNIT,
SHANTHIGIRI P.O.,
POTHANKODE,
W.P.(C) No.878 OF 2020(H)
2
THIRUVANANTHAPURAM DISTRICT,
PIN CODE-695 589.
ARE IMPLEADED AS PER ORDER DATED 07-02-2020
IN I.A. NO. 1/2020
R4-5 BY ADV. SRI.C.S.AJITH PRAKASH
R4-5 BY ADV. SRI.T.K.DEVARAJAN
R4-5 BY ADV. SMT.T.N.SREEKALA
R4-5 BY ADV. SRI.PAUL C THOMAS
R4-5 BY ADV. SRI.FRANKLIN ARACKAL
R4-5 BY ADV. SRI.M.B.SOORI
R4-5 BY ADV. SHRI.BABU M.
R4-5 BY ADV. SMT.ANCY THANKACHAN
OTHER PRESENT:
SMT A.C.VIDHYA-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.878 OF 2020(H)
3
JUDGMENT
The petitioner, who is running a proprietorship concern
namely M/s. Beena Rubber Dealers, has filed this writ petition
under Article 226 of the Constitution of India, seeking a writ of
mandamus commanding the 3rd respondent Circle Inspector of
Police, Pothancode Police Station to consider and finalise the
proceedings in Ext.P3 petition dated 04.11.2019, as expeditiously
as possible. The grievance of the petitioner is against the
obstruction caused by the Head Load Workers, who are the
members of the additional 4th and 5th respondents Unions.
2. On 20.01.2020, when this writ petition came up for
consideration, the learned Government Pleader sought time to get
instructions.
3. A counter affidavit has been filed by respondents 4 and
5, opposing the reliefs sought for in this writ petition.
4. Heard the learned counsel for the petitioner, the learned
Government Pleader for respondents 1 to 3 and also learned
counsel for additional respondents 4 and 5.
5. During the course of arguments, the learned counsel for
the petitioner would confine the relief sought for in this writ
petition as one for early disposal of Ext.P3 petition dated W.P.(C) No.878 OF 2020(H)
04.11.2019 submitted before the 3rd respondent Circle Inspector of
Police.
6. The learned counsel for the respondents 4 and 5 would
submit that consideration of Ext.P3 petition may be with a notice
to the said respondents.
Having considered the submissions made by the learned
counsel on both sides, this writ petition is disposed of by directing
the 3rd respondent Circle Inspector of Police, Pothancode Police
Station to take an appropriate decision on Ext.P3 petition dated
04.11.2019 made by the petitioner, with a notice to the petitioner
and also respondents 4 and 5, as expeditiously as possible, at any
rate, within a period of one month from the date of receipt of a
certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN JUDGE
MIN W.P.(C) No.878 OF 2020(H)
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PETITION FILED BEFORE S.P. THIRUVANANTHAPURAM DATED 4.11.2019
EXHIBIT P2 THE TRUE COPY OF THE PETITION FILED BEFORE DY.S.P. OF POLICE DATED 4.11.2019
EXHIBIT P3 THE TRUE COPY OF THE PETITION FILED BEFORE C.I. OF POLICE DATED 4.11.2019
EXHIBIT P4 THE TRUE COPY OF THE LICENCE NO.
D1412294-31/3/2023 OF BEENA RUBBER DEALERS ISSUED BY THE RUBBER BOARD DATED 5.3.2018
EXHIBIT P5 THE TRUE COPY OF THE REGISTRATION CERTIFICATE BEENA RUBBER DEALERS DATED 17.7.2018
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