Jaison Lukose vs The Deputy Superintendent Of ...
2021 Latest Caselaw 13376 Ker

WP(C) NO. 5907 OF 2020             1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                          WP(C) NO. 5907 OF 2020
PETITIONER/S:

               JAISON LUKOSE,
               AGED 37 YEARS
               S/O.C.T. LUKOSE, PROPRIETOR OF ASSOCIATED
               AGGREGATES, CHIRAYIL THOMSOM VILLA, ETTUMANNUR P O,
               ATHIRAMPUZHA, KOTTAYAM.

               BY ADVS.
               T.A.UNNIKRISHNAN
               SRI.K.K.AKHIL



RESPONDENT/S:

      1        THE DEPUTY SUPERINTENDENT OF POLICE,
               MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686661.

      2        THE STATION HOUSE OFFICER,
               KOOTHATTUKULAM POLICE STATION, ERNAKULAM DISTRICT-
               686662.

      3        V.D. PRATHAPAN,
               PRESIDENT, KOTTAYAM DISTRICT GOODS VEHICLE LABOURES
               UNION, CITU, THALAYOLAPPARAMBU AREA COMMITTEE,
               THALAYOLAPPARAMBU P O, KOTTAYAM, PIN-686605.

      4        A.K. RAJEESH,
               SECRETARY, KOTTAYAM DISTRICT GOODS VEHICLE LABOURES
               UNION, CITU, THALAYOLAPPARAMBU AREA COMMITTEE,
               THALAYOLAPPARAMBU P O, KOTTAYAM, PIN-686605.
 WP(C) NO. 5907 OF 2020            2




      5        AJITH SOMAN
               TREASURER,
               KOTTAYAM DISTRICT GOODS VEHICLE LABOURES UNION,
               CITU, THALAYOLAPPARAMBU AREA COMMITTEE,
               THALAYOLAPPARAMBU P O, KOTTAYAM, PIN-686605.

      6        THE DISTRICT POLICE CHIEF
               KOTTAYAM
               PIN-686001

      7        THE DISTRICT POLICE CHIEF
               ALAPPUZHA
               PIN- 688001

      8        THE DISTRICT POLICE CHIEF
               ERNAKULAM
               PIN- 682011

      9        THE DIRECTOR GENERAL OF POLICE
               GOVERNMENT OF KERALA
               THIRUVANANTHAPURAM
               PIN- 695001
               ( ADDL. R6,R7,R8,R9 IMPLEADED AS PER ORDER DATED 06-
               03-2020 IN IA 1/2020)

               BY ADVS.
               GOVERNMENT PLEADER
               SRI.LEEJOY MATHEW.V.
               SRI.SABU S.KALLARAMOOLA



OTHER PRESENT:

               SRI.N.B.SUNIL NATH, GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5907 OF 2020               3




                        P.V.KUNHIKRISHNAN, J
                  --------------------------------------------
                      W.P.(C.) No.5907 of 2020
                     --------------------------------------
                 Dated this the 28th day of June, 2021


                                JUDGMENT

The above writ petition is filed with the following prayers:

"i) Issue a writ of mandamus or such other writ order or direction directing the respondents 1 and 2 to afford sufficient and meaningful protection to the petitioner, his staff, workers, drivers and customers to run the petitioner's granite crushing unit at Elanji and also for transportation of products without any threat or obstruction from the respondents 3 to 5 and their people.

ii) Grant such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. When this writ petition came up for consideration on

28.2.2020, this Court passed the following order.

"Issue notice by special messenger to respondents 3 to 5. There shall be an interim order as prayed for. Post on 6.3.2020."

3. Thereafter, when the matter again came up for

consideration on 6.3.2020, this Court passed the following

order.

"IA No.1 of 2020 Heard. Allowed.

WP(C) Learned counsel for the petitioner submits that in spite of the Police protection order, the movement of the vehicle has been prevented by the party respondents and their associates. If so, the Police shall accord necessary Police protection to the petitioner for movement of the vehicle. The petitioner shall intimate the Police in advance in regard to the movement of the vehicle. The Police shall ensure that no vehicle is obstructed by the party respondents and their associates."

4. Now, the counsel for the petitioner submitted that

there is no law and order issue and the petitioner will

approach the Police, if there is any such issue and the Police

may be directed to do the needful. The contesting respondent

also submitted that there is no law and order issue now and

the same can be recorded. The Government Pleader also

submitted that if there is any law and order issue, the Police

will do the needful.

5. In the light of the above submissions, this writ

petition can be disposed in the following manner :

1) If there is any law and order issue, the petitioner is free to approach the Station House Officer concerned.

2) If such a representation is received by the Station House Officer concerned, he will do the needful, in accordance to the law.

With these observations, the above writ petition is

disposed of.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 5907/2020

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE LICENSE ISSUED BY THE ELANJI GRAMA PANCHAYATH DATED 1.4.2019.

EXHIBIT P2 TRUE COPY OF NOTICE DATED 30.1.2020 GIVEN BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 21.2.20 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.