Citation : 2025 Latest Caselaw 9656 Ker
Judgement Date : 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
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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:
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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.
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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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