Kerala High Court
M/S. Profand Vayalat Marine Exports ... vs State Of Kerala on 27 March, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 27TH DAY OF MARCH 2024/7TH CHAITHRA, 1946
WP(C) NO. 28805 OF 2021
PETITIONER:
M/S. PROFAND VAYALAT MARINE EXPORTS PRIVATE LIMITED
REGISTERED OFFICE NO.CC XXIIi/1804, BINNY ROAD,
PALLURUTHY, COCHIN - 682 006,
REPRESENTED BY ITS MANAGING DIRECTOR, JOSEPH J.VAYALA,
AGED 49 YEARS, S/O.V.T.JOSEPH.
BY ADVS.
PEEYUS A.KOTTAM
HRITHWIK D. NAMBOOTHIRI
ARJUN S BENEDICT
JOMON J. MALIEKAL
AJMAL AHMED R.
JOSEPH P P
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE CIRCLE INSPECTOR OF POLICE
PALLURUTHY POLICE STATION, NADAKKAVU RD.,
PALLURUTHY, KOCHI, KERALA - 682 005.
3 THE SUB INSPECTOR OF POLICE
PALLURUTHY POLICE STATION,
NADAKKAVU RD, PALLURUTHY, KOCHI,
KERALA - 682 005.
4 KURIAN JOSEPH
AGED 54 YEARS
S/O.JOSEPH, KINKARAMTHARA,
EDAKOCHI, ERNAKULAM - 682 010.
5 VINAYAN R.J.
AGED 52 YEARS
S/O.JANARDHANAN, THEKKEPALAPARAMBU,
PANAVALLY P.O., ALAPPUZHA - 688 526.
WP(C) NOS.28805 & 28850 OF 2021
2
6 SHAJI M.G.
AGED 49 YEARS
S/O.GOPINATHAN, 156/533, MANEZHATH HOUSE,
PRABHAKARAN ROAD, EDAKOCHI,
ERNAKULAM - 682 010.
7 AJITH
AGED 36 YEARS
S/O.ASHOKAN, MULLAPPALLIL, KUTHIATHODE,
ALAPPUZHA - 688 533.
8 SREEJITH S.
AGED 34 YEARS
S/O.SIVAN G., KARATHARA, THIRUMALABHAGAM,
KUTHIATHODE,ALAPPUZHA - 688 540.
9 AJAYAN N.N.
AGED 45 YEARS
S/O.NARAYANAN, NIKARTHIL, NH 47,
EDAKOCHI, ERNAKULAM - 682 010.
10 SOJI T.J.
AGED 44 YEARS
S/O.JACOB JOSEPH, THADIKKARAN,
NEAR PALLOTTIN CONVENT, EDAKOCHI,
ERNAKULAM - 682 010
11 SANTHOSH KUMAR
AGED 38 YEARS
S/O.KRISHNAKUTTY NAIR, NEDUMPURATH,
TRICHATTUKULAM P.O., ERNAKULAM - 688 526.
12 PROMPT SERVICES
DOOR NO.XI/676, KUNDANNOOR,
MARADU, ERNAKULAM - 682 304,
REPRESENTED BY ITS MANAGING PARTNER
MR.ARUNKUMAR.
13 ERNAKULAM DISTRICT MOTOR EMPLOYEES SOCIETY
(BMS)
BMS DISTRICT COMMITTEE OFFICE,
I.S.PRESS ROAD, KOCHI - 682 018.
WP(C) NOS.28805 & 28850 OF 2021
3
BY ADVS.
P.RAMAKRISHNAN
NAVEEN THOMAS
PREETHI RAMAKRISHNAN (P-212)
T.C.KRISHNA
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
SRI. VENUGOPAL V (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, ALONG WITH WP(C).28850/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS.28805 & 28850 OF 2021
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 27TH DAY OF MARCH 2024/7TH CHAITHRA, 1946
WP(C) NO. 28850 OF 2021
PETITIONER:
M/S.EXCELLENT FISHERIES PRIVATE LIMITED
ERAMALLOOR-EZHUPUNNA ROAD, ERAMALLOOR.P.O,
ALAPPUZHA DISTRICT, PIN-688537,
REPRESENTED BY ITS MANAGING DIRECTOR,
JOSEPH J.VAYALAT, AGED 49 YEARS,
S/O.V.T.JOSEPH.
BY ADVS.
PEEYUS A.KOTTAM
JOMON J. MALIEKAL
HRITHWIK D. NAMBOOTHIRI
ARJUN S BENEDICT
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE CIRCLE INSPECTOR OF POLICE,
AROOR POLICE STATION, AROOR.P.O,
ALAPPUZHA DISTRICT, PIN-688001.
3 THE SUB INSPECTOR OF POLICE,
AROOR POLICE STATION, AROOR.P.O,
ALAPPUZHA DISTRICT, PIN-688001.
4 DEEPAN.M.M,
S/O.MAHESAN.M.R, THAMARAKULAM HOUSE,
MARARIKULAM NORTH, CHERTHALA,
ALAPPUZHA-688523, KERALA.
WP(C) NOS.28805 & 28850 OF 2021
5
5 VINOD G.KUMAR,
S/O.GOPALAKRISHNAN, VADAKKECHIRA,
MONCOMPU, PULINKUNNU, CHATHURTHIAKARY,
ALAPPUZHA-688502, KERALA.
6 GIRISH BABY,
S/O.GOPAKUMAR, THOTTATHIL AMBADI,
CMC 31, VELORVATTOM TEMPLE, CHERTHALA,
ALAPUZHA-688524.
7 MANOJKUMAR.K,
VENU NIVAS, THIRUNALLOOR.P.O,
PALLIPOURAM, ALAPUZHA-688541.
8 PROMPT SERVICES,
DOOR NO.XI/676, KUNDANNOOR, MARADU,
ERNAKULAM-682304, REPRESENTED BY ITS MANAGING
PARTNER MR.ARUNKUMAR.
9 INDUSTRIAL EMPLOYEES SANGH(BMS),
BMS OFFICE, ALAPPUZHA, PIN-688013,
REPRESENTED BY ITS GENERAL SECRETARY.
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
T.C.KRISHNA
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
VENUGOPAL V., GP
T.C.KRISHNA - R4, R6 & R9
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, ALONG WITH WP(C).28805/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NOS.28805 & 28850 OF 2021
6
JUDGMENT
The learned counsel for the petitioners submits that these writ
petitions have become infructuous. In the light of the submission
made by the learned counsel for the petitioners, these writ petitions
are dismissed as infructuous.
Sd/-
GOPINATH P.
JUDGE
nkr
WP(C) NOS.28805 & 28850 OF 2021
APPENDIX OF WP(C) 28850/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE AGREEMENT DATED
07.05.2021 EXECUTED BETWEEN THE
PETITIONER AND 8TH RESPONDENT.
Exhibit P2 THE TRUE COPY OF THE LETTER SENT BY
9TH RESPONDENT TO THE PETITIONER DATED
09.12.2021
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
DATED 13/12/2021 SUBMITTED BEFORE THE
CIRCLE INSPECTOR OF POLICE & SUB
INSPECTOR OF POLICE, AROOR POLICE
STATION
Exhibit P4 THE TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT ISSUED FROM THE OFFICE OF
AROOR POLICE STATION DATED 13/12/2021.
WP(C) NOS.28805 & 28850 OF 2021
APPENDIX OF WP(C) 28805/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PHOTOGRAPHS OF
THE AWARD ISSUED BY MPEDA TO THE
PETITIONER FOR THE YEAR 2017-18 AND
2018-19.
Exhibit P2 THE TRUE COPY OF THE AGREEMENT ENTERED
BETWEEN THE PETITIONER AND 12TH
RESPONDENT DATED 01/06/2019.
Exhibit P3 TRUE COPY OF THE LETTER DATED
06/12/2021 SENT BY THE PETITIONER'S
COMPANY TO THE 12TH RESPONDENT.
Exhibit P4 THE TRUE COPY OF THE LETTER SENT BY
13TH RESPONDENT TO THE PETITIONER
DATED 25/10/2021.
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION
DATED 11/12/2021 SUBMITTED BEFORE THE
CIRCLE INSPECTOR OF POLICE & SUB
INSPECTOR OF POLICE, PALLURUTHY.
Exhibit P6 THE TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT ISSUED FROM THE OFFICE OF
PALLURUTHY POLICE STATION 11/12/2021.
Exhibit P7 THE PHOTOGRAPHS SHOWING THE
OBSTRUCTION BEING CAUSED BY THE
RESPONDENTS 4 TO 11 IN FRONT OF THE
PETITIONER'S GATE ON 13/12/2021 TO
3.30. P.M.
Exhibit P8 THE PHOTOGRAPH OF THE FLAG INSTALLED
ON THE SIDE OF CORPORATION ROAD NAMED
BINNY ROAD BY RESPONDENTS 4 TO 11 AND
IN FRONT OF THE PETITIONER'S COMPANY
PREMISES.
WP(C) NOS.28805 & 28850 OF 2021
Exhibit P9 THE PHOTOGRAPH OF THE SHED ERECTED BY
THE RESPONDENTS 4 TO 11 IN FRONT OF
THE PETITIONER'S FACTORY PREMISES.
