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M/S Hrj Refrigeration Private Ltd vs State Of Kerala
2025 Latest Caselaw 9656 Ker

Citation : 2025 Latest Caselaw 9656 Ker
Judgement Date : 14 October, 2025

Kerala High Court

M/S Hrj Refrigeration Private Ltd vs State Of Kerala on 14 October, 2025

                                                           2025:KER:76480
W.P (C) No.27089/2025               -1-

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                  THE HONOURABLE MR. JUSTICE GOPINATH P.

      TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947

                         WP(C) NO. 27089 OF 2025

PETITIONER/S:

             M/S HRJ REFRIGERATION PRIVATE LTD,
             HAVING ITS REGISTERED ADDRESS AT XL/1454, CONVENT
             JUNCTION, MARKET ROAD, ERNAKULAM DISTRICT, KERALA
             STATE, REPRESENTED BY ITS' DIRECTOR, MS. RADHIKA
             HARIHARAN, AGED 28 YEARS, D/O T.R. HARIHARAN, PIN -
             682011

             BY ADVS.
             SHRI.SUSANTH SHAJI
             SHRI.SIDHARTH O.
             SHRI.ALBIN A. JOSEPH
             SMT.NEKHA VARGHESE
             SMT.PARVATHY T.M.


RESPONDENT/S:

      1      STATE OF KERALA,
             REPRESENTED BY ITS' PRINCIPAL SECRETARY, DEPARTMENT OF
             HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
             PIN - 695001

      2      THE STATE POLICE CHIEF & DIRECTOR GENERAL OF POLICE,
             STATE POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN -
             695010

      3      THE DISTRICT POLICE CHIEF,
             PATHANAMTHITTA DISTRICT, O/O. OF THE DISTRICT POLICE
             CHIEF, KODUMON ROAD, NEAR COLLECTORATE PATHANAMTHITTA,
             PIN - 689645

      4      THE STATION HOUSE OFFICER,
             RANNY POLICE STATION, RANNY P.O, PATHANAMTHITTA
             DISTRICT, PIN - 689672
                                                        2025:KER:76480
W.P (C) No.27089/2025             -2-

      5      THE STATION HOUSE OFFICER,
             PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA P.O,
             PATHANAMTHITTA DISTRICT, PIN - 689645

      6      THE BHARATIYA MAZDOOR SANGH (BMS) ,
             PATHANAMTHITTA DISTRICT COMMITTEE,
             REPRESENTED BY ITS' PRESIDENT, DISTRICT COMMITTEE
             OFFICE, KOZHENCHERRY, NEAR GENERAL HOSPITAL,
             PATHANAMTHITTA DISTRICT,
             PIN - 689645


OTHER PRESENT:

              SMT. RESHMI THOMAS (GP)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.07.2025, THE COURT ON 14.10.2025 DELIVERED THE FOLLOWING:
                                                                         2025:KER:76480
W.P (C) No.27089/2025                     -3-

                                  JUDGMENT

This writ petition has been filed seeking the following reliefs:-

(i) Issue a Writ, order or direction in the nature of Mandamus or any other appropriate Writ, commanding the 3rd respondent to afford adequate and effective police protection to the employees and technical staff of the petitioner for carrying out the execution of the telecom infrastructure project, including the iWAN Support Services, at various sites across Pathanamthitta District by directing all concerned Station House Officers (SHOs) to take immediate and appropriate action on any complaint or representation preferred by the petitioner in connection with obstruction or interference in the lawful execution of the said project.

(ii). Issue a Writ, order or direction in the nature of Mandamus, or any other appropriate writ, commanding the respondents 4 and 5 to afford adequate and meaningful police protection to the employees and technical staff of the petitioner for the purpose of executing the telecom infrastructure project including iWAN Support Services across various sites within their jurisdictions.

(iii) Issue a Writ, order or direction in the nature of Mandamus, or any other appropriate writ, directing the respondents No. 3 to 5 to immediately take up Exts. P2 to P4 and provide adequate and meaningful police protection to the employees and technical staff of the petitioner for the purpose of executing the telecom infrastructure project including iWAN Support Services across various sites in Pathanamthitta District.

iv. Pass such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. Despite service of notice there is no appearance for the 6th

respondent. On 25-07-2025 this court passed the following interim order;

"The petitioner submits that the petitioner is carrying out the work engaging an Engineer and a Technician and there is no scope for unionised workers for any employment.

2. Admit.

3. Government Pleader takes notice for respondents 1 to 5. Issue urgent notice by speed post to the 6th respondent.

2025:KER:76480

4. In the circumstances, there will be an interim order directing respondents 4 and 5 to give adequate protection to the petitioner to carry out their work engaging Engineer and Technician.

Post on 25.08.2025."

3. The learned counsel for the petitioner submits that following the

interim order, the petitioner was able to carry out its activities without

hindrance from 6th respondent.

4. Heard the learned Government Pleader also.

5. Having heard the learned counsel for the petitioner and the learned

Government Pleader, I am of the opinion that this writ petition can be

disposed of directing that the interim order dated 25-07-2025 will continue to

operate till 31-12-2025. It is made clear that police protection need to be

extended to the petitioner only upon request and only if there is any

obstruction from the 6th respondent.

Sd/-

GOPINATH P. JUDGE

AMG 2025:KER:76480

APPENDIX OF WP(C) 27089/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE GLOBAL BLANKET PURCHASE AGREEMENT DATED 27.02.2025 ENTERED INTO BETWEEN THE PETITIONER AND BHARATI AIRTEL Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 11.07.2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ([email protected]) Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 21.07.2025 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ([email protected]) Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 21.07.2025 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT ([email protected])

 
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