Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946 WP(C) NO. 18892 OF 2024 PETITIONER:
M/S. HAWAII STEEL DOORS LLP 31/88, MADUKAPPILLY TOWER,OPPOSITE MILMA DAIRY, KOONAMTHAI, PATHADIPALAM, ERNAKULAM DISTRICT, PIN- 682024, REPRESENTED BY ITS DESIGNATED PARTNER, MUHAMMED MUNEER P.K., AGED 28 YEARS, PADINCHAREKKANIDI (H), POYIL, NEELESWARAM, KOZHIKODE DISTRICT., PIN - 673 572 BY ADVS.
SIDHARTH O.
SUSANTH SHAJI ALBIN A. JOSEPH RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY GOVERNMENT PLEADER,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER, EDATHALA POLICE STATION EDATHALA POLICE STATION. ERUMATHALA.P.O. ALUVA., PIN - 683 112 3 DISTRICT POLICE CHIEF, ERNAKULAM RURAL DISTRICT POLICE OFFICE (ERNAKULAM RURAL) POWER HOUSE JUNCTION, PERIYAR NAGAR, ALUVA,, PIN - 683 101 4 MOTOR THOZHILALI FEDERATION (INTUC)- KOMBARA (EDATHALA) UNIT KOMBARA, EDATHALA, ALUVA, KERALA REPRESRENTED BY ITS UNIT SECRETARY, PIN - 683 563 OTHER PRESENT:
SMT REKHA C NAIR-SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 18892 of 2024 2 DEVAN RAMACHANDRAN, J.
= = = = = = = = = = = = = W.P.(C) No.18892 of 2024 = = = = = = = = = = = = = = = = = = Dated, this the 29th day of May 2024 JUDGMENT The petitioner is stated to be a Limited Liability Partnership, engaged in the business of sale of steel doors. They say that they have their own vehicles for the transport of the raw materials and finished goods; as also employees, to load and unload the same.
2.
The petitioner says that they are acting and operating under all valid licenses and consents;
but that the members of the fourth respondent have now begun to make certain untenable demand, that only their vehicles be used by them for the purpose of the transport of the goods in business. They contend that this demand is untenable, contrary to law; and hence, that they have been left without any other option, but to seek protection from Police,
W.P.(C).No. 18892 of 2024 3 preferring Exts.P6 and P7 representations. They allege that however, since no action has been taken by the Police; and hence that they have been left without any other option, but to have approached this Court through this Writ Petition.
3.
Sri.Susanth Shaji, learned counsel for the petitioner, submitted that the situation has become very dire for his client because their business has been held up, and also because they are now unable to conduct the same without fear. He explained that the workers of his clients are living in great anxiety, particularly because one among them, who is a driver, had been very badly attacked and injured on 22.05.2024. He thus reiteratingly prayed that this Writ Petition be allowed.
4.
Smt.Rekha.C.Nair, learned Senior Government Pleader, submitted that the Police have already taken cognizance of the complaint of the petitioner and are affording them necessary protection. She added that, after this Writ Petition was filed, on
W.P.(C).No. 18892 of 2024 4 account of the protection afforded by the Police, no untoward incidents have happened; and that the petitioner and their employees have been able to work and function without any let or interference.
5.
I notice from the file that, even though summons from this Court has been validly served on respondent No.4, they have chosen not to be present in person, or to be represented through the counsel;
thus inferentially guiding me to the impression that they have nothing to offer in opposition to the various allegations impelled by the petitioner.
6.
It remains uncontested now that the petitioner is acting on the strength of all relevant and necessary consents and permissions. There is no law which mandates that they shall transport their wares only in a particular manner, or using a certain fleet of vehicles. One fails to understand how the fourth respondent, or their men, can make any such demand; and therefore, the petitioner is justified in having approached the Police.
W.P.(C).No. 18892 of 2024 5 7.
The learned Senior Government Pleader, as seen above, also affirms the afore and says that the police have afforded protection. No doubt, this will have to be continued, so that the petitioner and their employees can work without fear or apprehension.
8.
In the above circumstances, I allow this Writ Petition, directing the second respondent- Station House Officer, to afford adequate and effective protection to the petitioner and their employees, so as to enable them to continue with their activities without any fear or being meted out threats or intimidation.
9.
If the petitioner is to make any further complaint, either against the fourth respondent or any other person, including when they are transporting their articles or otherwise, necessary and adequate steps shall be taken by the second respondent in terms of the afore directions.
W.P.(C).No. 18892 of 2024 6 10. I order the third respondent, District Police Chief, to cause the afore directions to be implemented in its letter and spirits.
As far as the fourth respondent is concerned, if they have any legitimate cause or contention against the petitioners, they are at liberty to invoke remedies available to them in law, but without resorting to violence or breach of peace.
Sd/- DEVAN RAMACHANDRAN, JUDGE SSG
W.P.(C).No. 18892 of 2024 7 APPENDIX OF WP(C) 18892/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE LEASE AGREEMENT DATED 03.05.2024 ENTERED BETWEEN THE LANDLORD AND THE PETITIONER Exhibit P2 TRUE PHOTOSTAT COPY OF THE GST REGISTRATION OF THE PETITIONER Exhibit P3 TRUE PHOTOSTAT COPY OF THE CONSOLIDATED E-WAY BILL OF THE VEHICLE BEARING REG NO.
KL 41 R 8240 DATED 23.03.2024 Exhibit P4 . TRUE PHOTOSTAT COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE WITH REGISTRATION NO. KL 41 R 8240 Exhibit P5 TRUE PHOTOSTAT COPY OF THE PHOTOGRAPH OF THE GATE OF THE PETITIONER'S WAREHOUSE Exhibit P6 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 23.05.2024 SUBMITTED BY THE PETITIONER THROUGH E-MAIL BEFORE THE 2ND RESPONDENT Exhibit P7 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 23.05.2024 SUBMITTED BY THE PETITIONER THROUGH E-MAIL BEFORE THE 2ND RESPONDENT