Ramachandran T.R vs 1. Saji Thomas
2023 Latest Caselaw 4122 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                      WP(C) NO. 5034 OF 2023
PETITIONER:

          RAMACHANDRAN T.R.
          AGED 35 YEARS
          SON OF RAMAKRISHNAN NAIR,
          THACHOLI HOUSE, KARIMBA P.O.,
          PALAKKAYAM VILLAGE, MANNARAKKAD TALUK,
          PALAKKAD - 678597.

          BY ADVS.
          P.M.ZIRAJ
          IRFAN ZIRAJ


RESPONDENTS:

    1     SAJI THOMAS
          AGED 52 YEARS, SON OF THOMAS,
          KANDATHIL HOUSE, KUTHIRAN,
          VANIYAMPARA, PATTIKKAD TALUK,
          THRISSUR - 680652.

    2     SIVANANDHAN
          AGED 47 YEARS, SON OF VELAYUDHAN,
          ERAVAKKAD HOUSE, CHITHALI P.O.,
          KUZHALMANNAM-1 VILLAGE, ALATHUR TALUK,
          PALAKKAD - 678702.

    3     THE SUB INSPECTOR OF POLICE
          PEECHI POLICE STATION,
          THRISSUR - 680652.

    4     THE DEPUTY SUPERINTENDENT OF POLICE
          OLLUR, THRISSUR - 680006.

 ADDL.5   PRAGATI ENGINEERING AND RAIL PROJECTS PVT LTD
          REGISTERED OFFICE NO.31, PLOT NO.09,
          SECTOR-19, NEAR IDBI BANLG MATHERAN ROAD,
          NEW PANVEL, NAVI MUMBAI-410206 AND
          HAVING REGIONAL OFFICE AT D NO.10- 1-91
 W.P.(C) No.5034 of 2023
                             2


         AAKRUTI APARTMENTS, WAITAIR UPLANDS,
         VISAKHAPATNAM-530030
         REPRESENTED BY PUBLIC RELATION OFFICER(PRO),
         SIVANANDAN V, SON OF VELAYUDHAN,
         AGED 43 YEARS,
         RESIDING AT ERAVAKKAD HOUSE,
         CHITHILI P.O., KOZHALMANNAM -1 VILLAGE,
         PALAKKAD DISTRICT - 678702.

         ADDITIONAL 5TH RESPONDENT IS IMPLEADED AS PER
         ORDER DATED 06.03.2023 IN I.A.NO.1/2023

         BY ADVS.
         E.C.BINEESH GP.
         P.R.VENKATESH
         K.C.VINCENT
         LAKSHMI MEENAKSHI P.R.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.5034 of 2023
                                   3


                          JUDGMENT

Dated this the 31st day of March, 2023

The petitioner is a Contractor by profession. The petitioner

entered into certain agreement with M/s. Pragati Engineering and

Rail Projects Private Limited, in connection with the twin tunnel

work at Kuthiran, Thrissur District. According to the petitioner, the

said Pragati Engineering and Rail Projects Private Limited (which

has been impleaded as additional 5 th respondent in the writ

petition) has to pay to the petitioner an amount of ₹11,76,000/-.

2. As the said additional 5th respondent was in financial

difficulties, in order to discharge the liability of the additional 5 th

respondent to the petitioner, the additional 5 th respondent has

agreed that the petitioner will have ownership over certain

concrete machine, tipper lorry, JCB scrap condition, Box

Compressor, etc., belonging to the 5th respondent.

3. The petitioner states that when the petitioner went to

the site where the machinery is kept in order to take over the W.P.(C) No.5034 of 2023

same, the 1st respondent obstructed removal of such machinery.

4. Hence, the petitioner is before this Court seeking to

direct respondents 3 and 4 to afford proper and adequate police

protection to the property and life of the petitioner and his

employees, vehicles, machinery and equipments.

5. Counsel entered appearance on behalf of the 1st

respondent and resisted the writ petition. On behalf of the 1 st

respondent, it is submitted that the additional 5th respondent owes

huge amounts to the petitioner also. The 1 st respondent has given

services of about 20 vehicles to the additional 5th respondent.

Huge amounts are due to the 1st respondent.

6. The 1st respondent has therefore approached the Civil

Court and filed C.S.No.27/2023. The Commercial Court has

appointed an Advocate Commissioner to prepare an inventory of

the goods of the additional 5th respondent. The 1st respondent is

seeking attachment of the properties in the civil proceedings.

Therefore, police protection cannot be granted to the petitioner at W.P.(C) No.5034 of 2023

this stage, contended the 1st respondent.

7. The 2nd respondent entered appearance through

counsel. On behalf of the 2nd respondent, it is submitted that the

2nd respondent was the PRO of the additional 5 th respondent-

Company. The 1st respondent admits Ext.P1 arrangement made

between the petitioner and the additional 5th respondent.

8. I have heard the learned counsel for the petitioner, the

learned counsel for the 1st respondent and the learned counsel for

the 2nd respondent. I have also heard the learned Government

Pleader representing respondents 3 and 4.

9. From the pleadings, it is evident that the additional 5 th

respondent owes money to the petitioner as well as to the 1 st

respondent. Both the petitioner as well as the 1 st respondent are

claiming their rights over the machinery owned by the 5 th

respondent lying at the work site.

10. The additional 5th respondent has entered into an

agreement with the petitioner, permitting the petitioner to remove W.P.(C) No.5034 of 2023

the machinery of the 5th respondent made mention in Ext.P1. The

said agreement is admitted by the petitioner as well as the 2 nd

respondent.

11. As far as the 1st respondent is concerned, though the 1st

respondent has approached the Civil Court for realisation of

money from the additional 5th respondent and sought for

attachment, the Court has not granted any attachment so far.

12. In such circumstances, I am of the view that the 1 st

respondent cannot cause any obstruction to the removal of

machinery made mention in Ext.P1 by the petitioner.

The writ petition is therefore disposed of directing the 3 rd

respondent to give adequate protection to the petitioner to remove

the machinery as indicated in Ext.P1. This will be without prejudice

to the right of the 1st respondent to prosecute the C.S filed by him

in accordance with law.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.5034 of 2023

APPENDIX OF WP(C) 5034/2023

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER OF SETTLEMENT ISSUED BY M/S. PRAGATI ENGINEERING AND RAIL PROJECTS PRIVATE LIMITED TOWARDS THE SETTLEMENT OF DEBT OF RS.11,76,000/- WITH THE PETITIONER EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 6.2.2023 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE THIRD RESPONDENT DATED 6.2.2023 RESPONDENT EXHIBITS EXHIBIT R1 (A) THE FINAL DUES STATEMENTS ISSUED ALONG WITH EXTRACT OF LEDGER OF THE RUNNING ACCOUNT STATEMENT RUNNING FROM PRAGATI ENGINEERING AND RAIL PROJECTS PVT. LTD EXHIBIT R1(B) COPY OF THE C.S. NO. 27/2023 FILED BY ME BEFORE THE COURT OF SUBORDINATE JUDGE (COMMERCIAL COURT), THRISSUR ALONG WITH PETITIONS FOR ATTACHMENT OF SCHEDULED PROPERTY AS WELL AS APPOINTMENT OF ADVOCATE COMMISSIONER