Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 30TH DAY OF NOVEMBER 2023 / 9TH AGRAHAYANA, 1945 WP(C) NO. 9915 OF 2020 PETITIONER:
NAVEEN MATHEW PHILIP AGED 35 YEARS S/O.PHILIP MATHEW, PROPRIETOR, PHILIPS GRANTO PRODUCTS, ANICADU.P.O, RESIDINGA T THEKKENEDUMPLACKAL, MALLAPPALLY WEST, PATHANAMTHITTA DISTRICT-689645 BY ADVS.
CHERIAN GEE VARGHESE SRI.P.HARIDAS SRI.BIJU HARIHARAN SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN SRI.R.B.BALACHANDRAN RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME STATE SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001 2 STATE POLICE CHIEF, STATE OF KERALA, THIRUVANANTHAPURAM, PIN-695001 3 DISTRICT POLICE CHIEF, PATHANAMTHITTA, PIN-689645 4 DEPUTY SUPERINDENT OF POLICE THIRUVALLA, PIN-689101 5 SHO POLICE STATION KEEZHAVAIPUR.P.O, PIN-689587 6 SRI.ISMAIL KOTTUKULATHU SECRETARY TIPPER OWNERS, DRIVERS WELFARE ASSOCIATION, MALAPPALLY TALUK COMMITTEE, PIN-689585, PH 9605894159 7 RAJEEV SHIVANI PRESIDENT TIPPER OWNERS DRIVERS WELFARE ASSOCIATION,
WP(C) NO. 9915 OF 2020 2 MALLAPPALLY TALUK COMMITTEE PIN-689585, PH 9605969602 OTHER PRESENT:
GP SRI. SREEJITH V.S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9915 OF 2020 3 JUDGMENT (Dated this the 30th day of November, 2023) The petitioner has approached this court seeking adequate police protection to the life and property of the petitioner, his customers and employees to transport raw materials from the crushing unit without obstruction from the respondents.
2.
The petitioner is conducting a stone crushing unit at Anicadu, Mallappally Due to the pandemic situation, he could not renew the license of stone quarry. Hence, the petitioner was constrained to purchase raw material from other licensed stone quarries and at a higher price. Now a group of lorry owners and drivers under the leadership of Respondents 6 and 7, insist that the petitioner has to sell the products to them at prerevised lesser rates. From 06.05.2020 onwards, they are obstructing the vehicles of
WP(C) NO. 9915 OF 2020 4 those who are willing to purchase products at the revised rates. The vehicles transporting raw materials to the crusher are also being obstructed. Hence, this writ petition is filed.
3.
The learned counsel for the petitioner submits that, there was an interim order on 13.05.2020 directing respondents 3 to 5 to ensure that the activities of the petitioner are not obstructed in any manner by respondents 6 to 7, or their men, pending disposal of this writ petition. It shall also be ensured that the customers of the petitioner are also not prevented in any manner from taking materials from the business premises of the petitioner.
4.
Notice was issued by this Court to the party respondents 6 and 7, and there is no appearance today also.
Now 3 years have been elapsed after passing of the order.
Hence, this writ petition is allowed, granting liberty to the petitioner to approach Respondents 3 to 5, in case of any threat to the activities of the petitioner, who shall take into
WP(C) NO. 9915 OF 2020 5 consideration of the Interim order passed in this case and take adequate measures.
Sd/- BASANT BALAJI, JUDGE SRJ
WP(C) NO. 9915 OF 2020 6 APPENDIX OF WP(C) 9915/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE ISSUED BY THE POLLUTION CONTROL BOARD DATED 11.07.2018 EXHIBIT P2 TRUE COPY OF DEALERS LICENCE ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY DT.05.03.2020 EXHIBIT P3 TRUE COPY OF D AND O LICENCE ISSUED BY THE LOCAL AUTHORITY DT.02.04.2019 EXHIBIT P4 TRUE COPY OF CERTIFICATE ISSUED UNDER GOODS AND SERVICE TAX ACT, DT 17.07.2018 EXHIBIT P5 TRUE COPY OF CERTIFICATE OF REGISTRATION UNDER SGST DT.28.09.2018 BY HTE ASST COMMISSIONER SALES TAX EXHIBIT P6 TRUE COPY OF GST INVOICE DT 12.02.2020 ISSUED BY PHILIPS GRAND PRODUCTS EXHIBIT P7 TRUE COPY OF GST INVOICE DT08.05.2020 ISSUED BY PHILIPS GRANO PRODUCTS EXHIBIT P8 TRUE COPY OF THE REPRESENTATION BEFORE THE 5TH RESPONDENT DATED 09.05.2020 FILED BY THE PETITIONERS