Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946 WP(C) NO. 25798 OF 2024 PETITIONERS:
1 BIJUMON M, AGED 35 YEARS, ASWATHY NIVAS, POOTHAKULAM P.O, KOLLAM, PIN - 691302 2 DILEEP P V, AGED 49 YEARS, VRINDAVANAM,POOTHAKULAM, KOTTUVANKONAM,PARAVOOR(PART) KOLLAM, PIN - 691301 3 SIVIN V S, AGED 34 YEARS, THEERTHAM, PUTHENKULAM P.O, POOTHAKULAM KOLLAM, PIN - 691302 4 ANU B, AGED 35 YEARS, AMRITHABHAVAN, PALAYAMKUNNU P.O, VARKALA CHEMMARUTHY, THIRUVANANTHAPURAM, PIN - 695146 5 SUJIN S B, AGED 27 YEARS, LEKSHMI NIVAS, PARANDAKULAM, BHOOTHAKULAM KOLLAM, PIN - 691301 6 SANJU SAGAR, AGED 31 YEARS, GS NIVAS, MUKKADA, POOTHAKULAM, KOLLAM, PIN - 691302 7 SURESH KUMAR S, AGED 44 YEARS, SIVAVILASAM, NEDUGOLAM PO, PARAVUR, KOLLAM, KERALA, PIN - 691334 8 VISHNU V S, AGED 33 YEARS, VISHNU NIVAS, NEDUGOLAM PO PARAVUR, POLACHIRA, KOLLAM KERALA, PIN - 691334 9 VINOD V, AGED 30 YEARS, KAADIJATHIVILA VEEDU, BHOOTHAKULAM, BHOOTHAKULAM, KOLLAM, KERALA, PIN - 691302 10 SURENDRAN PILLAI, AGED 59 YEARS, KALLUVILA VEEDU, EDAVATTOM, CHIRAKARA PO., KOLLAM, KERALA, PIN - 691578 BY ADVS.
SILPA S.
NITHIN RAJU VINAYAK MANOHARAN P.
JOSEPH JOSE UNNIMAYA L.
THRIDEV V. MOHAN ALEX TOM JOSEPH
WP(C) NO. 25798 OF 2024 2 RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY HOME DEPARTMENT, GROUND FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001 2 THE DISTRICT COLLECTOR, 2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 695043 3 THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM, PIN - 695001 4 DISTRICT SUPERINTENDENT OF POLICE, DSP OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695561 5 THE STATION HOUSE OFFICER PALLIKAL POLICE STATION, PALLIKAL, THIRUVANANTHAPURAM RURAL, PIN - 695604 6 TASNA MINES REPRESENTED BY ITS MANAGING PARTNER PALLICKAL, KATTUPUTHUSSERY, PALLICKAL THIRUVANANTHAPURAM, PIN - 695004 7 BROTHERS QUARRY REPRESENTED BY ITS MANAGING PARTNER KATHALIPACHA, PAKALKURY PO PALLICKAL, THIRUVANATHAPURAM, PIN - 695604 8 THE DEPARTMENT OF MINING & GEOLOGY, KERALA, REPRESENTED BY ITS SECRETARY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM, PIN – 695004 SRI. SUNILKUMAR KURIAKOSE, SR. GP. & DSGI IN CHARGE, T.C. KRISHNA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25798 OF 2024 3 JUDGMENT The petitioners’ grievance is regarding the price disparity with respect to the granite aggregates sold to them by the 6th respondent and 7th respondents. The petitioners allege that while local persons are sold granite at Rs.5,200/- per lorry load, outsiders like the petitioners are made to pay at Rs.6000/-. The other complaint is that the seniority in loading the materials is being overlooked by resorting to hooliganism. The petitioners, therefore, prays to ensure equal pricing and initiate appropriate action against the quarry management and rival lorry operations.
The above prayers cannot be granted in a writ petition under Article 226 of the Constitution of India. If the petitioners have a complaint regarding price variation, that has to be taken up before the appropriate authority, and if hooliganism is being resorted to by the local drivers, that could be brought to the notice of the jurisdictional police.
The writ petition is hence closed with the above observation.
Sd/- V.G.ARUN JUDGE msp
WP(C) NO. 25798 OF 2024 4 APPENDIX OF WP(C) 25798/2024 PETITIONER EXHIBITS Exhibit 1 A TRUE COPY OF THE GST BILL SOLD TO THE PETITIONERS IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P1 Exhibit 2 A TRUE COPY OF THE GST BILL SOLD TO THE LOCAL INDIVIDUALS IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2 Exhibit 3 . A TRUE COPY OF THE FIR IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P3.
Exhibit 4 A TRUE COPY OF THE JUDGMENT DATED 27.02.2019 IN WP(C) NO. 1759 OF 2019 OF THIS HON'BLE COURT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P4.F