Kerala High Court
Oriental Structural Engineers Private ... vs Mohanan P.S on 3 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 11972 OF 2024
PETITIONER:
ORIENTAL STRUCTURAL ENGINEERS PRIVATE LIMITED
AGED 55 YEARS, KANNAMPARAMBIL HOUSE, VAZHIKULANGARA
DESOM, KOTTUVALLY VILLAGE, PARAVUR TALUK, ERNAKULAM
DISTRICT REPRESENTED BY ITS VICE PRESIDENT-TECHNICAL
VIJAY KUMAR, SON OF LAL BABOO THAKKUR, KAITHAPPILLIL
HOUSE, NANTHIATTUKUNNAM P.O., NORTH PARAVUR, ERNAKULAM-
683513
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
RESPONDENTS:
1 MOHANAN P.S., AGED 54 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
PUTHENPURAYIL, BK PURAM P.O.,VENKIDA, ERNAKULAM
DISTRICT, PIN - 682308
2 ANIL M.N., FATHER'S NAME NOT KNOWN TO THE PETITIONER,
MADAKAPILLIL, BK PURAM P.O, VENKIDA, ERNAKULAM
DISTRICT, PIN - 682308
3 DHANESH M.K., AGED 38 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
MADAKAPPILLY, B.K.PURAM, VENKIDA, ERNAKULAM DISTRICT,
PIN - 682308
4 SUKUMARAN T.K., AGED 54 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
THATARUKUZHIYIL, B.K.PURAM P.O., VENKIDA, ERNAKULAM
DISTRICT, PIN - 682308
5 THE INSPECTOR OF POLICE, PUTHENKURISU POLICE STATION,
ERNAKULAM DISTRICT, PIN, PIN - 682308
6 THE DEPUTY SUPERINTENDENT OF POLICE
PUTHENKURISU, ERNAKULAM DISTRICT, PIN - 682308
WP(C) NO. 11972 OF 2024
2
7 THE DISTRICT POLICE CHIEF
ERNAKULAM (RURAL), ALUVA, ERNAKULAM, PIN - 683101
8 THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION,
KAKKANADU, ERNAKULAM, PIN - 682030
9 THE DISTRICT GEOLOGIST
ERNAKULAM, DEPARTMENT OF MINING AND GEOLOGY, CIVIL
STATION, KAKKANADU, ERNAKULAM, PIN - 682030
BY ADVS.
BIJU C ABRAHAM
THOMAS C.ABRAHAM(K/517/2022)
BASIL MATHEW(K/000588/2020)
SRI PM SHAMEER-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 11972 OF 2024
3
JUDGMENT
The petitioner is stated to be a company engaged in the work
of construction of National Highway from Kodungallur to
Edapally. They allege that the party respondents are obstructing
the work for confutative reasons and therefore that they have
been constrained to prefer Ext.P2 before the fifth respondent; but
that no action has been taken until now, thus forcing them to
approach this Court through this writ petition.
2. However, in response to the afore submissions of the
petitioner, as made by Sri.P.M.Ziraj - learned counsel for the
petitioner, Sri.Thomas P.Abraham - learned counsel appearing for
respondents 1 to 4, submitted that the above imputations are
totally untrue because his clients have only invoked their legal
remedies against the actions of the petitioner, including by
approaching this Court in W.P.(C) No.13596/2024; thus to have
obtained an order dated 02.04.2024. He submitted that,
therefore, this writ petition is not maintainable and prayed that it
be dismissed.
3. Sri.P.M.Shameer - learned Government Pleader, also
affirmed that there is no law and order issue in the area in
question, either at the hands of the party respondents or any
WP(C) NO. 11972 OF 2024
other; and that the police will ensure that any such is avoided in
future. He argued that since the party respondents have already
approached this Court, the police will take only such measures as
are necessary to maintain peace and will not intervene in the
internecine disputes.
4. No doubt, the afore submissions of the learned
Government Pleader are most apposite in the given circumstances
because the police have no role in the internecine disputes
between the parties, particularly when it is pending before this
Court.
In the afore circumstances, I allow this writ petition,
recording the afore submissions of the learned Government
Pleader; with a consequential direction to the fifth respondent to
ensure that no one is allowed to take law into their own hands or
to cause any obstruction in violation of law - be that either the
party respondents or any other person acting under them; thus
ensuring that, subject to the orders of this Court in W.P.(C)
No.13596/2024, the petitioner is allowed to continue the work
with their workers/employees.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 11972 OF 2024
APPENDIX OF WP(C) 11972/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE QUARRYING PERMIT DATED
13.03.2024 ISSUED BY THE NINTH RESPONDENT
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 20.3.2024
SUBMITTED BY THE PETITIONER BEFORE THE
FIFTH RESPONDENT WITH COPY TO SIXTH
RESPONDENT
Exhibit P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
NATIONAL HIGHWAY AUTHORITY OF INDIA BEFORE
THE EIGHTH RESPONDENT DATED 16.03.2024
Exhibit P4 TRUE COPY OF COMMUNICATION DATED 20.03.2024
ISSUED BY THE EIGHTH RESPONDENT TO THE
SEVENTH RESPONDENT
