Kerala State Beverages (Manufacturing ... vs State Of Kerala
2024 Latest Caselaw 10511 Ker

Kerala High Court

Kerala State Beverages (Manufacturing ... vs State Of Kerala on 11 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 6478 OF 2024
PETITIONER:

          KERALA STATE BEVERAGES
          (MANUFACTURING & MARKETING) CORPORATION LTD.,
          BEVCO TOWER, VIKAS BHAVAN P.O.,
          THIRUVANANTHAPURAM, REPRESENTED BY ITS
          CHAIRMAN AND MANAGING DIRECTOR., PIN - 693033.

          BY ADV NAVEEN.T
          SMT.CHITHRA CHANDRASEKHARAN


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          TAXES DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM.,
          PIN - 695001.

    2     THE DISTRICT POLICE CHIEF,
          ERNAKULAM RURAL, ALUVA,
          ERNAKULAM DISTRICT., PIN - 683101.

    3     THE STATION HOUSE OFFICER
          EDATHALA POLICE STATIION,
          EDATHALA, ERNAKULAM DISTRICT.,
          PIN - 683561.

    4     SHAJI E.S., ERUTHIYIL HOUSE,
          GANDHINAGAR, ERUMATHALA P.O., ALUVA,
          ERNAKULAM DISTRICT., PIN - 683112.

    5     SHIBU K.V.
          S/O VELAYUDHAN, KAIPALATHIL,
          ASOKAPURAM, ALUVA,
          ERNAKULAM DISTRICT., PIN - 683101.

    6     BABU JOHN, S/O JOHN MANGALASSERIL,
          CHOONDY, ERUMATHALA, ALUVA,
          ERNAKULAM DISTRICT.,
          PIN - 683112.
 WP(C) NO. 6478 OF 2024
                                -2-


            BY ADVS.
            NANDAGOPAL NAMBIAR V.V
            PREEJA. P.VIJAYAN(K/104/2006)
            SMITHA (EZHUPUNNA)(K/223/2015)
            CHITRA JOHNSON(K/000924/2018)
            SRI.P.M.SHAMEER,GP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   11.04.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 6478 OF 2024
                                -3-

                             JUDGMENT

When this matter was called today,

Sri.V.V.Nandagopal Nambiar - learned counsel for

respondents 4 to 6, submitted that every

allegation made against his clients in this Writ

Petition is untrue and factually incorrect; and

that they have not meted out any threat or

intimidation to the petitioner - Company, or to

their employees. He explained that his clients,

in fact, have filed W.P(C)No.6164/2024,

challenging Ext.P3 herein; and that, it is as a

counterblast to the same, that the petitioner

has approached this Court through this Writ

Petition. He thus prayed that this Writ Petition

be dismissed.

2. Sri.P.M.Shameer - learned Government

Pleader, also affirmed that the party

respondents have caused no obstruction to the WP(C) NO. 6478 OF 2024

petitioner, or to their employees; and that the

Police are ensuring that law and order is

maintained, without any breach of peace being

caused by any person.

3. Smt.Chithra Chandrasekharan - learned

counsel for the petitioner, however, submitted

that her client is still facing threats from

respondents 4 to 6 and their men; and thus

reiteratingly prayed that the reliefs sought for

in this Writ Petition be granted.

4. I have no doubt that the undertaking of

the learned Government Pleader, supported by

that of Sri.V.V.Nandagopal Nambiar, would be

sufficient to allay the apprehensions of the

petitioner fully, if not substantially.

In the afore circumstances, I allow this

Writ Petition, recording the submissions of the

learned Government Pleader and that of

Sri.V.V.Nandagopal Nambiar; with a consequential WP(C) NO. 6478 OF 2024

direction to the 3rd respondent - Station House

Officer, to ensure that law and order is always

maintained in the area in question; and that no

one, including the party respondents or their

men, is allowed to take law into their own

hands, or to cause any threat or intimidation to

the petitioner and their employees.

I, however, clarify that the afore

directions will not fetter or impede the rights

of the party respondents, as are entitled to

them, to pursue and impel any of their remedies

before any alternative Forum/Court; for which,

all rival contentions in that regard are left

open.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 6478 OF 2024

APPENDIX OF WP(C) 6478/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 23-1- 2020 IN WPC NO. 138/2020 OF THIS HONOURABLE COURT.

EXHIBIT P2 TRUE COPY OF THE TENDER NOTICE DATED 25-1-2024 ISSUED BY THE PETITIONER- BEVERAGES CORPORATION.

EXHIBIT P3 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE CORPORATION AND SRI. AJMAL M.A. ON 6-2-2024.

EXHIBIT P4 TRUE COPY OF THE FIR NO. 0104 DATED 9- 2-2024 REGISTERED BEFORE THE EDATHALA POLICE STATION.

EXHIBIT P5 TRUE COPY OF THE FIR NO. 0123 DATED 14-2-2024 REGISTERED BEFORE THE EDATHALA POLICE STATION.

EXHIBIT P6 TRUE COPY OF THE FIR NO. 0124 DATED 15-2-2024 REGISTERED BEFORE THE EDATHALA POLICE STATION.

EXHIBIT P7 TRUE COPY OF THE COMPLAINT DATED 9-2- 2024 SUBMITTED BY THE MANAGER OF THE WAREHOUSE BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE COMPLAINT DATED 14-2- 2024 PREFERRED BY THE REGIONAL MANAGER, KSBC, ERNAKULAM BEFORE THE 2ND RESPONDENT, ALONG WITH RECEIPTS.

RESPONDENT EXHIBITS EXHIBIT R4(A) TRUE COPY OF THE COMMUNICATION DATED 28/02/2024