Kerala High Court
India Gateway Terminal Pvt. Ltd vs State Of Kerala on 7 January, 2021
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)
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)
"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)
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.
Sd/-
ANIL K. NARENDRAN
JUDGE
bpr
