Thankachan M.T vs State Of Kerala
2021 Latest Caselaw 21848 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                      WP(C) NO. 22229 OF 2021
PETITIONERS:
     1     THANKACHAN M.T
           MOOZHIKKAL HOUSE, VAZHITHALA, THODUPUZHA,.

    2     NEETHU THANKACHAN, D/O THANKACHAN M.T
          MOOZHIKKAL HOUSE, MANJALOOR P.O, MOOVATTUPUZHA.

          BY ADV P.K.SANTHAMMA


RESPONDENTS:
     1     STATE OF KERALA, REPRESENTED BY SECRETARY ,
           HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695001.

    2     DIRECTOR GENERAL OF POLICE, DGPs OFFICE, POLICE HEAD
          QUARTERS, THIRUVANANTHAPURAM-695010.

    3     SUPERINTENDENT OF POLICE (RURAL), SP OFFICE, IDUKKI,
          PAINAVU - 685 603.

    4     DEPUTY SUPERINTENDENT OF POLICE, THODUPUZHA, -685584.

    5     STATION HOUSE OFFICER, OFFICE OF THE CIRCLE INSPECTOR
          OF POLICE, THODUPUZHA-685584.

    6     DISTRICT COLLECTOR
          COLLECTOR'S OFFICE CIVIL STATION, IDUKKI-685603.

    7     PIUS KURIAKOSE, S/O KURIAKOSE THOMMAN,
          ERUMELIKKARA, VAZHITHALA P.O, THODUPUZHA-685583.

    8     BHARAT PETROLEUM CORPORATION LTD, IRUMPANAM,
          THRIPPUNITHURA -682309, REPRESENTED BY TERRITORY
          MANAGER.

          BY ADV SHYSON P.MANGUZHA
          SRI.E C.BINEESH - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22229 OF 2021
                              2


                          JUDGMENT

The petitioners say that the 1st among them is enjoying

a Dealership to run a Fuel Pump under the licence from the

8th respondent - Bharat Petroleum Corporation Limited

(BPCL); but that they are now being impeded from doing so

by the 7th respondent, making various untenable claims.

2. The petitioners say that the 1 st among them suffered

from a debilitating disease in the year 2016, and thereafter

met with an accident, thus incapacitating him fully; and that

this was taken advantage of by the 7th respondent, to

assume full control over the Fuel Pump.

3. The petitioners say that since the action of the 7 th

respondent is illegal and they are now being continuously

threatened and intimidated by him, the 1st petitioner had

approached the 5th respondent - Station House Officer,

through Ext.P7, seeking protection; but allege that no

action has been taken thereon, thus they have been

constrained to approach this Court through this writ

petition.

4. Smt.P.K.Santhamma - learned counsel appearing for

the petitioners, added to the afore submissions, saying that WP(C) NO. 22229 OF 2021

her clients belong to a Scheduled Caste Community and

thus to a vulnerable section of the Society. She explained

that, therefore, they had also approached the National

Commission for Scheduled Castes and Scheduled Tribes,

and that the matter is still pending there. She then

submitted that, in fact, the 7th respondent had approached

her clients for a settlement; but that on account of his

affluence and influence, he did not agree to anything and,

consequently, that her clients are now living in great fear of

him, his men and his associates.

5. In response, Sri.Shyson P. Manguzha, learned

counsel appearing for the 7th respondent, vehemently

contested every allegation made by the petitioners in this

writ petition saying that he and the first petitioner had

entered into a partnership agreement with respect to the

Fuel Pump. He added that his client was managing the

Pump in his capacity as a partner and therefore, that the

present attempt of the petitioners is to throw him out of it

indirectly, though they have not approached any competent

Court or Authorities for such purpose. He then asserted

that his client has not meted out any threat or intimidation

to the petitioners and that he does not intend to do so in WP(C) NO. 22229 OF 2021

future.

6. Sri.E.C.Bineesh, learned Government Pleader

appearing for respondents 1 to 6, submitted that, as at

present, there are no law and order issues in the area

where the Fuel Pump is being operated. He added that the

police have acted in implicit compliance of the directions of

this Court in the interim order dated 13.10.2021; and that

consequently there have been no breach of law and order or

peace in the area thereafter. He concluded his submissions

by saying that since the disputes between the parties are in

the realm of civil law, the police have not intervened in the

way and therefore, they are not in a position to affirmatively

say who is now running the Pump.

7. When I consider the afore submissions, it is evident

that the internecine disputes between the parties are with

respect to the management and control of the Fuel Pump. It

is, however, without contest that the first petitioner is the

recognised dealer, though the 7th respondent says that he

joined him as a partner and invested substantially.

However, these are not issues into which this Court can

look into or answer affirmatively, while acting under Article

226 of the Constitution of India because, as far as this WP(C) NO. 22229 OF 2021

jurisdiction is concerned, I am only enjoined to ensure that

the lives of the parties are sufficiently protected.

8. In the afore perspective, I allow this writ petition to

the limited extent of confirming the interim order dated

13.10.2021; with a consequential direction to the fifth

respondent - Station House Officer, to implicitly comply

with its terms and to afford protection to the lives of the

petitioners against any threat, intimidation or violence to be

meted out to them by any person, including the 7 th

respondent and their men.

9. However, as far as the control and management of

the Fuel Pump is concerned, the police shall not interfere

with the same, but if either of the parties are now in its

possession, care shall be taken, through a vigil, that they do

not harm each other or try to take control using illegal

means or force.

10. It goes without saying that the petitioners and the

7th respondent are left liberty to invoke and pursue all their

remedies in law; for which purpose, their rival contentions

are left open, however, cautioning them that none of them

will take law into their own hands or commit any act which

is in contravention of law on account of their internecine WP(C) NO. 22229 OF 2021

disputes.

11. At this time, Smt.P.K.Santhamma, learned counsel

for the petitioners, submitted that under the intervention of

the National Commission for Scheduled Castes, an

agreement was entered into between the parties and

prayed that the 7th respondent be directed to comply with

its terms.

I am afraid that this Court is incapacitated from

acceding to this request and if the petitioners require any

such relief, they will have to approach the competent Court

or Authorities for such purpose.

Sd/- DEVAN RAMACHANDRAN JUDGE akv/stu WP(C) NO. 22229 OF 2021

APPENDIX OF WP(C) 22229/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 31-03-2006 WITH BPCL

Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY DATED 13-10-2016 OF 1ST PETITIONER FROM LAKESHORE HOSPITAL

Exhibit P3 TRUE COPY OF THE DISCHARGE SUMMARY DATED 7-2-2018 ISSUED FROM ASTER MEDICITY

Exhibit P4 TRUE COPY OF THE PARTNERSHIP DEED DATED 1-

1-2018 BETWEEN 1ST PETITIONER AND R7

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 21-04-

2021 TO R4 BY PETITIONER

Exhibit P6 COPY OF PROFIT AND LOSS ACCOUNT WITH BALANCE STATEMENT FOR 2021 OF MOOZHIKKAL FUELS

Exhibit P7 COPY OF COMPLAINT DATED 7-10-2021 TO R5 BY 1ST PETITIONER

Exhibit P8 COPY OF MINUTES DATED 9-10-2021 SIGNED BY 1st PETITIONER AND 2 OTHERS.