Shibu K.V vs The Superintendent Of ...
2021 Latest Caselaw 14465 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                        WP(C) NO. 34004 OF 2019
PETITIONER:

            SHIBU K.V.
            AGED 49 YEARS
            S/O.VELAYUDHAN, KAIPALATHIL HOUSE, ASHOKAPURAM P.O.,
            ALUVA-683101.

            BY ADVS.
            SRI.V.V.NANDAGOPAL NAMBIAR
            SRI.DHEERAJ KRISHNAN PEROT



RESPONDENTS:

    1       THE SUPERINTENDENT OF POLICE(RURAL)
            ALUVA, ERNAKULAM DISTRICT-683101.

    2       THE CIRCLE INSPECTOR OF POLICE,
            EDATHALA POLICE STATION, EDATHALA, ALUVA, ALUVA-683112.

    3       THE SUB INSPECTOR OF POLICE,
            EDATHALA POLICE STATION, EDATHALA ALUVA, ALUVA-683112.

    4       KERALA STATE BEVERAGES (M AND M) CORPORATION LTD.,
            WAREHOUSE, CHOONDY, ALUVA, REPRESENTED BY ITS MANAGER,
            -683112.

    5       THE SECRETARY,
            INTUC, CHOONDI UNIT, ERUMATHALA P.O., CHOONDY, ALUVA-
            683112.

    6       THE SECRETARY,
            CITU, CHOONDI UNIT, ERUMATHALA P.O., CHOONDY, ALUVA-
            683112.

    7       THE SECRETARY,
            BMS, CHOONDI UNIT, ERUMATHALA P.O., CHOONDY, ALUVA-
            683112.

            BY ADVS.
            SRI.ARUN ASHOK
 WP(C) NO. 34004/2019
                                2

            SMT.NEENA JAMES


            SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER




     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   13.07.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 34004/2019
                                        3


               P.V.KUNHIKRISHNAN, J
         -------------------------------
             W.P.(C)No.34004 of 2019
        --------------------------------
        Dated this the 13th day of July 2021


                             JUDGMENT

The above Writ petition is filed with the

following prayers:

"i) Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents 1 to 3 to provide adequate, effective and meaningful police protection to load, ply and carry goods from godown of 4th respondent corporation without let or hindrance from respondents 5 to 7 unions and their men.

ii) To hold that respondents 5 to 7 unions have no right or authority to control, regulate the transportation of goods or allot trips from the godown of 4th respondent.

iii) To direct respondents 1 and 2 to take appropriate action on Ext.P3 and similar complaints and ensure law and order in the locality.

iv) Grant such other reliefs as may be prayed for in the circumstances of the case."

2. When this matter came up for

consideration on 13.12.2019, this Court passed

the following order;

WP(C) NO. 34004/2019

"The fourth respondent is directed to file a statement indicating the arrangements made by them for engaging vehicles for transportation of goods from their warehouse at Choondy.

Pending disposal of the writ petition, the third respondent shall afford sufficient and meaningful protection to the petitioner to park the vehicles of the petitioner referred to in the writ petition near warehouse of the fourth respondent referred to in the writ petition and ply the said vehicles with the goods if engaged by the fourth respondent."

3. Today when this matter came up for final

hearing, the learned counsel appearing for the

petitioner and the learned counsel appearing for

the contesting respondents submitted that there

is no law and order problem as of now. The

learned Government Pleader also submitted that,

there is no law and order problem.

In the light of the above submissions, this writ

petition is disposed retaining the interim order,

with the following further directions;

i) If there is any law and order problem,

the petitioner is free to approach the Station

House Officer concerned with a

complaint/representation. WP(C) NO. 34004/2019

ii) If such a complaint/representation is

received, the Station House Officer will do the

needful in accordance with law and in the light

of the interim order.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO. 34004/2019

APPENDIX OF WP(C) 34004/2019

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION.

EXHIBIT P2 TRUE COPY OF THE TRIP SHEET DATED 02.11.2019.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 27.11.2019 TO THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT NO.62447/2019/E DATED 27.11.2019.

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGMENT DATED 30.11.2019.

RESPONDENTS' EXHIBITS:

EXHIBIT-R5(A) A PHOTO COPY OF THE REGISTRATION CERTIFICATE VIDE NUMBER ER.799/2011 DATED 28-09-2011.

EXHIBIT-R5(B) A PHOTO COPY OF THE NOTICE ISSUED BY THE MANAGER OF ALUVA WAREHOUSE OF 4TH RESPONDENT VIDE NO.KSBC/WH- ALUVA/125/2019-20 DATED 22-11-2019.

EXHIBIT-R5(C) A PHOTO COPY OF NOTICE ISSUED BY THE MANAGER OF ALUVA WAREHOUSE OF 4TH RESPONDENT VIDE NO.KSBC/WH- ALA/MGR/2019-20 DATED 02-12-2019.

//TRUE COPY//

PA TO JUDGE