Geso Gerge. N vs State Of Kerala
2023 Latest Caselaw 2429 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
     FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
                         WP(C) NO. 14340 OF 2022
PETITIONER:

              GESO GERGE. N.,
              AGED 38 YEARS
              S/O GEORGE PROPRIETOR, CENTRAL ENGINEERING CO,
              NELLISSERY HOUSE, CHITTISSERY P.O., THRISSUR DISTRICT,
              PIN - 680001.
              BY ADVS.
              RENJITH B.MARAR
              LAKSHMI.N.KAIMAL
              ARUN POOMULLI
              SURABHI SANTHOSH
              AISWARYA THANKACHAN
              SHEENA S.
RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY THE SECRETARY DEPARTMENT OF HOME,
              SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
     2        THE SECRETARY,
              DEPARTMENT OF FOOD AND CIVIL SUPPLIES, SECRETARIAT,
              THIRUVANANTHAPURAM - 695001.
     3        KERALA STATE CIVIL SUPPLIES COOPERATION LTD. (SUPPLYCO)
              REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN,
              GANDHINAGAR, KOCHI - 682020 -
     4        REGIONAL MANAGER
              SUPPLYCO MANORAMA RD, SANTHI NAGAR, SULTANPET, PALAKKAD,
              KERALA 678001.
     5        DISTRICT SUPPLY OFFICER,
              SUPPLYCO, CIVIL STATION BUILDING, COLLECTORATE POST,
              PALAKKAD-678 001.
     6        THE GENERAL MANAGER (KERALA),
              FOOD CORPORATION OF INDIA, REGIONAL OFFICE,
              KESAVADASAPURAM, PATTOM P.O, TRIVANDRUM, KERALA,
              PIN-695 004.
     7        DIVISIONAL MANAGER FCI,
              FOOD CORPORATION OF INDIA, DIVISIONAL OFFICE,
 WP(C) NO.14340 OF 2022
                                2



          PUTHUPPARIYARAM, PALAKKAD, KERALA 678731.
    8     DISTRICT POLICE CHIEF,
          OFFICE OF DISTRICT POLICE CHIEF,
          PUDUPALLITHERUVU, NURANI, PALAKKAD - 678 001.
    9     THE STATION HOUSE OFFICER,
          HEMAMBIKA NAGAR POLICE STATION, RAILWAY COLONY,
          OLAVAKKODE, PALAKKAD DISTRICT-678731.
    10    THE STATION HOUSE OFFICER,
          WALAYAR POLICE STATION, SALEM-ERNAKULAM HIGHWAY,
          WALAYAR, PALAKKAD-678620.
    11    DEPOT MANAGER,
          SUPPLYCO DEPOT, PALAKKAD - 678013.
    12    DEPOT MANAGER,
          SUPPLYCO DEPOT, ALATHUR,PALAKKAD - 678 541.
    13    THE SECRETARY,
          PALAKKAD, DISTRICT LORRY EMPLOYEES CONGRESS
          (INTUC), REG. NO. 09-40F 1991 FCI UNIT, OLAVAKKOD
          - 678 002 .
    14    THE SECRETARY,
          DISTRICT MOTOR TRANSPORT EMPLOYEES UNION (CITU),
          LORRY DIVISION COMMITTEE OFFICE, C, 6/393, FCI
          UNIT, OLAVAKKOD 678 002.
    15    THE SECRETARY,
          PALAKKAD DISTRICT LORRY BROKER'S UNION (CITU),
          REG. NO. 09-10/92 INDUSTRIAL ESTATE, FCI UNIT,
          OLAVAKKOD - 678 002.
    16    SECRETARY PALAKKAD DISTRICT LORRY
          EMPLOYEES CONGRESS AFFILIATED TO INDIAN NATIONAL
          TRADE UNION CONGRESS (INTUC), KANJIKODE,
          KANJIKODE. P.O, PALAKKAD, PIN - 6786215. -
    17    SECRETARY ,
          BHARATHEEYA MAZDOOR SANGH (BMS) -
          LORRY EMPLOYEES UNION - KANJIKODE,
          KANJIKODE. P.O, PALAKKAD, PIN - 678 621.
          BY ADVS.
          R.LAKSHMI NARAYAN
          ANU THANKAM MATHEW
          SMT.K.G.SAROJINI-GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.14340 OF 2022
                                         3




                               JUDGMENT

Dated this the 24th day of February, 2023

The petitioner approached this Court seeking the

following reliefs:-

"(i) Issue a writ in the nature of mandamus or such other writ direction or orders commanding the respondents 8 to 10 to grant adequate protection to the life and property of the petitioner and his employees for the conduct of the transportation of the goods as per Exts.P1 to P3 agreements from various source godowns/sites of the FCI Depots/CMR godowns/SUPPLYCO PDS Depots to destination godowns SUPPLYCO Taluk PDS Depots/Fair Price Shops in Palakkad, Chittur and Alathur Taluks in Palakkad District for the vehicles contained in Annexure-B or any such further inclusions therein from respondents 13 to 17; its members or any other claiming through them;

(ii) Declare that the respondent No.13 to 17 or its Union members does not have any right or authority to meddle with the transportation contract granted to the petitioner vide Ext.P1 to Ext.P3 agreements. "

2. When the writ petition came up for admission, this

Court passed an interim order on 22.04.2022, which is as

follows:-

"Admit.

Government Pleader takes notice for respondents 1, 5, WP(C) NO.14340 OF 2022

8, 9 and 10. Smt. Molly Jacob, learned Standing Counsel takes notice for respondents 3, 4, 5, 11 and 12. Sri. Jose Kuriakose, the learned Standing Counsel takes notice for respondents 6 and 7. Issue notice to respondents 13 to 17 by Special Messenger.

There will be an interim order as prayed for."

The interim order was extended thereafter.

3. Counsel for the petitioner submits that in view of the

interim order, there is no obstruction from respondents 13

to 17.

4. Heard the learned counsel for the petitioner, the

learned Government Pleader representing respondents 1, 2,

8, 9 and 10 and the respective Standing Counsel for

respondents 3 to 5, 6, 7, 11 and 12. Though notice was issued

to respondents 13 to 17, there is no representation for them.

5. Taking into consideration the facts of the case and

the interim order passed by this Court on 22.04.2022, I am of

the view that the writ petition can be disposed of confirming

the interim order passed by this Court on 22.04.2022. WP(C) NO.14340 OF 2022

Accordingly, the writ petition is disposed of holding that

the interim order dated 22.04.2022 passed in this writ petition

will continue till the petitioner holds agreement with the 3 rd

respondent for transportation of articles.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.14340 OF 2022

APPENDIX OF WP(C) 14340/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 09.04.2022 WITH THE 11TH RESPONDENT FOR PALAKKAD TALUK.

Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 09.04.2022 WITH THE 11TH RESPONDENT FOR CHITTUR TALUK.

Exhibit P3 TRUE COPY OF THE AGREEMENT DATED 08.04.2022 WITH THE 12TH RESPONDENT FOR ALATHUR TALUK.

Exhibit P4 TRUE COPY OF LETTER NO. A5.82/22 DATED 09.04.2022.

Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE LETTER NO. A5.10/22 DATED 11.04.2022. Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 13.4.2022 TO THE 11TH RESPONDENT. Exhibit P7 TRUE COPY REPRESENTATION PREFERRED BY THE PETITIONER DATED 13.04.2022 TO THE 7TH RESPONDENT.

Exhibit P8 TRUE COPY THE COMPLAINT, PREFERRED BY THE PETITIONER DATED 16.04.2022 TO THE 9TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE 2ND COMPLAINT DATED 16.4.2022 TO THE 9TH RESPONDENT. Exhibit P10 TRUE COPY OF THE COMPLAINT DATED 16.4.2022 PREFERRED BEFORE THE 10TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 18.4.2022 TO 4TH AND THE 5TH RESPONDENT.

Exhibit P12 TRUE COPY OF THE GOVERNMENT ORDER DATED 16.2.2017 ISSUED BY THE 2ND RESPONDENT. Exhibit P13 TRUE COPY OF THE ORDER DATED 25.02.2021 IN W.P.C. NO. 785/2021.

Exhibit P14 TRUE COPY OF THE ORDER DATED 8.4.2022 IN W.P.(C).NO. 5317/2022.