Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 8TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945 WP(C) NO. 16768 OF 2023 PETITIONERS:
1 M/S GOLDEN KITES INFRASTRUCTURES REP. BY ITS MANAGING PARTNER, SAIFUDHEEN P.M, AGED 40 YEARS, S/O ALI DOOR NO.XVI/703, ADAMBUMARAM, MUTHALAMADA VILLAGE, CHITTUR TALUK PALAKKAD PIN – 678507.
2 SAIFUDHEEN P.M AGED 40 YEARS, S/O ALI, MANAGING PARTNER, M/S GOLDEN KITES INFRASTRUCTURES, DOOR NO.XVI/703, ADAMBUMARAM, MUTHALAMADA VILLAGE, CHITTUR TALUK PALAKKAD PIN – 678507.
BY ADVS.
S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH SARATH K.P.
ANILKUMAR C.R.
RESPONDENTS:
1 STATE OF KERALA REP. BY SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695001.
2 THE STATE POLICE CHIEF OFFICE OF THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM – 695010.
3 DISTRICT POLICE CHIEF YAKKARA ROAD, NEAR KSRTC BUS STAND, PALAKKAD PIN - 678014
W.P.(C) No.16768 of 2023 2 4 STATION HOUSE OFFICER KOLLENGODE POLICE STATION, PALAKKAD PIN – 678506.
5 M/S KOOTHRADANS INFRASTRUCTURE LLP AGED 44 YEARS REP. BY ITS MANAGING PARTNER, SALAHUDHEEN ALI K, AGED 44 YEARS, VEETTIKKUNNU, POOKKOTTUMPADAM, MALAPPURAM PIN – 679332.
6 SALAHUDHEEN ALI K AGED 44 YEARS, S/O SHOUKATHALI UTHRADAN MANAGING PARTNER, M/S KOOTHRADANS INFRASTRUCTURE(LLP) OFFICE, DESILTATION WORK SITE CHULLIYAR DAM, MUTHALAMADA(P0) PALAKKAD – 678507.
7 MOHAMMED JAZEEL K.T AGED 33 YEARS, KARUPATHODI (H), PULIYATHUKULAM, KODUR P.O., MALAPPURAM NOW WORKING @ M/S KOOTHRADANS INFRASTRUCTURE(LLP) OFFICE, DESILTATION WORK SITE CHULLIYAR DAM, MUTHALAMADA(P0), PALAKKAD – 678507.
8 ASIM USMAN AGED 30 YEARS, MULLAPALLY HOUSE, TB KUNNU, VANDOOR P.O., MALAPPURAM, NOW WORKING AT M/S KOOTHRADANS INFRASTRUCTURE(LLP) OFFICE, DESILTATION WORK SITE CHULLIYAR DAM, MUTHALAMADA(P0) PALAKKAD – 678507.
BY ADVS.
RAJEEV JYOTHISH GEORGE, GP MOHAN LAL B ASWIN V. NAIR(K/1019/2017) FERMIN KHADEEJA N.V.(K/001535/2023) SANGEETHA G.S.(K/001816/2023) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.16768 of 2023 3 J U D G M E N T Dated this the 8th day of June, 2023 The 1st petitioner, a Partnership Firm, and its Managing Partner, have approached this Court seeking police protection to the life and property of the petitioners from the hands of respondents 5 to 8. The petitioners seek protection for smooth ingress and egress to complete the works, including removal of sand as per Ext.P1 agreement, from any obstruction at the hands of respondents 5 to 8.
2.
The petitioners submit that they have entered into an agreement with the 5th respondent for desiltation of sand and clay from Chulliyar Dam. In fact, the 5th respondent originally entered into an agreement with the State Government as per Ext.R7(a), for the desiltation of the Chulliyar Dam. Thereafter, the 5th respondent entered into Ext.P1 agreement with the petitioners.
W.P.(C) No.16768 of 2023 4 3.
The petitioners were carrying out the desiltation works strictly as per the terms of Ext.P1 agreement and to the satisfaction of the 5th respondent. However, the 5th respondent abruptly stopped issuance of Mineral Transit Passes to the petitioners for transportation. The sudden shortage of issuance of Passes has adversely affected the business of the petitioners.
4.
In fact, the petitioners have paid an advance of ₹1.5 Crores to the 5th respondent in respect of the work. The conduct of the 5th respondent in stopping issuance of Pass and consequential stoppage of work, has caused considerable financial loss to the petitioners. Though the 5th respondent issued Ext.R7(e) letter terminating the Contract, subsequently, Ext.P9 was issued on 02.03.2023.
5.
According to the petitioners, in lieu of Ext.P1 agreement and Ext.P9, the petitioners were entitled to carry on with the Contract. Aggrieved by the conduct of the 5th respondent, the petitioners filed O.S.No.142/2023 in the Munsiff's Court, Chittur and the Munsiff's Court, Chittur has granted Ext.P2 interim
W.P.(C) No.16768 of 2023 5 injunction. In the circumstances, the police authorities are compellable to grant effective protection to the petitioners to carry out the work as per Ext.P1 agreement, contended the petitioners.
6.
Respondents 5 to 8 entered appearance and resisted the writ petition. Respondents 5 to 8 contended that as per Clause 26 of Ext.P1 agreement, the petitioners have to transport an average of 25 loads of sand/clay per day. It was agreed that if at any stage, the petitioners refuse or fail to pursue the average agreed loads per day or to perform the work with such diligence and fail to make due progress or commit breach of any provisions of the agreement, then the 5th respondent is at liberty to terminate the Contract after giving seven days notice.
7.
Respondents 5 to 8 submitted that during the work, it was found that the petitioners were not achieving the targets as contemplated under Ext.P1 agreement. The slow pace of work by the petitioners would affect the agreement entered into by the petitioners with the Government. According to respondents 5 to 8, huge amounts are due from the petitioners to them. The writ
W.P.(C) No.16768 of 2023 6 petition is therefore without merit and is liable to be dismissed.
8.
I have heard the learned Counsel for the petitioners, the learned Government Pleader representing respondents 1 to 4 and the learned Counsel appearing for respondents 5 to 8.
9.
The petitioners have entered into Ext.P1 agreement with the 5th respondent for desiltation of sand and clay from Chulliyar dam. It is the case of the petitioners that they have carried out the work strictly as per the Contract. The action of the 5th respondent in stopping the issuance of Transit Passes and obstructing the work of the petitioners is illegal and unsustainable.
10.
As regards the maintainability of the writ petition, the counsel for the petitioners submitted that even though the basic issue is a contractual dispute, this Court can definitely interfere in the matter and order police protection. The counsel relied on the Division Bench judgment of this Court in Jithesh v. State of Kerala and others [2013 (4) KLT 565] wherein it has been held that even if a civil remedy is available to the party in respect of property right, if the Court feels that driving the party to a Civil
W.P.(C) No.16768 of 2023 7 Court against an organised act will be ineffective, then this Court has the power under Article 226 of the Constitution of India to grant necessary police protection to protect the property of such affected person.
11.
Going through the pleadings and arguments, it is amply clear that the dispute involved in this case is a contractual dispute arising out of Ext.P1 agreement. Such contractual disputes fall within the realm of civil law. Ext.P1 agreement or the terms therein cannot be enforced through a police protection order obtained under Article 226 of the Constitution of India. Furthermore, the petitioners have already approached the Munsiff's Court, Chittur, filing O.S.No.142/2023. Since the dispute involved is a civil dispute and contractual dispute, I am not inclined to grant police protection in the matter.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH JUDGE ams
W.P.(C) No.16768 of 2023 8 APPENDIX OF WP(C) 16768/2023 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CONTRACT AGREEMENT DATED 26.11.2022 BETWEEN THE 1ST PETITIONER AND THE 5TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER DATED 04.04.2023 IN I.A NO.1100/2023 IN O.S NO.142/2023 OF MUNSIFF COURT, CHITTUR ALONG WITH COPY FROM E-COURT SERVICES EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 28.04.2023 SUBMITTED BEFORE THE 4TH RESPONDENT ALONG WITH RECEIPT EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 27.04.2023 SUBMITTED BEFORE THE 3RD RESPONDENT ALONG WITH RECEIPT EXHIBIT P5 TRUE COPY OF THE LETTER DATED 02.05.2023 OF THE 1ST PETITIONER ADDRESSED TO THE 5TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE LETTER DATED 02.05.2023 OF THE 5TH RESPONDENT ADDRESSED TO THE 1ST PETITIONER EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 03.05.2023 ADDRESSED TO THE 4TH RESPONDENT ALONG WITH RECEIPT EXHIBIT P8 COPY
OF
THE
REPRESENTATION
DATED 03.05.2023 ADDRESSED TO THE 3RD RESPONDENT ALONG WITH RECEIPT EXHIBIT P9 THE TRUE COPY OF THE LETTER DATED 02.03.2023 (MISTAKENLY MENTIONED AS 02.02.2023) SENT THROUGH WHATSAPP MESSAGE TO THE 2ND PETITIONER BY 7TH RESPONDENT WITHDRAWING EXT. R7 (E) TERMINATION NOTICE ALONG WITH MOBILE SCREENSHOT EXHIBIT P10 THE TRUE COPY OF THE EMAIL RECEIPTS DATED 02.05.2023 FOR THE LETTER MARKED AS
W.P.(C) No.16768 of 2023 9 EXHIBIT P5 AND EXHIBIT P6 EXHIBIT P11 THE TRUE COPY OF THE GST BILL DATED 26.05.2023 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER FOR THE SAME WORK EXHIBIT P12 THE TRUE COPY OF THE GST BILL DATED 30.05.2023 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER FOR THE SAME WORK EXHIBIT P13 THE TRUE COPY OF THE GST BILL DATED 01.06.2023 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER FOR THE SAME WORK EXHIBIT P14 THE TRUE COPY OF THE GST BILL DATED 03.06.2023 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER FOR THE SAME WORK EXHIBIT P15 THE TRUE COPY OF THE GST BILL DATED 04.06.2023 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER FOR THE SAME WORK EXHIBIT P16 THE TRUE COPY OF THE AGREEMENT DATED 12.09.2022 ENTERED BETWEEN THE 5TH RESPONDENT WITH M/S AMMA BUILDERS EXHIBIT P17 THE TRUE COPY OF THE JOINT VENTURE AGREEMENT DATED 12.02.2022 BETWEEN 5TH RESPONDENT AND OTHERS EXHIBIT P18 THE TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 15.02.2022 BETWEEN THE 5TH RESPONDENTS AND OTHERS EXHIBIT P19 THE TRUE COPY OF THE JUDGMENT DATED 17.01.2023 IN W.P NO. 14535/2022 RESPONDENT EXHIBITS EXHIBIT-R7(a) THE TRUE COPY OF THE AGREEMENT NO:333/KIIDC/2022-23 DATED 18/05/2022 WITH THIS RESPONDENT AND THE GOVERNMENT COMPANY EXHIBIT-R7(b) THE TRUE COPY OF THE ACKNOWLEDGEMENT FOR HANDING OVER THE SITE TO THIS RESPONDENT DATED 02/08/2022
W.P.(C) No.16768 of 2023 10 EXHIBIT-R7(c) THE
TRUE
COPY
OF
THE
NOTICE NO:KI/PROJECTS/2022-23 DATED 13/02/2023 SENT BY THIS RESPONDENT TO THE PETITIONERS.
EXHIBIT-R7(d) THE
TRUE
COPY
OF
THE
NOTICE NO:KI/PROJECTS/2022-2023 DATED 19/02/2023 SENT BY THIS RESPONDENT TO THE PETITIONERS EXHIBIT-R7(e) THE
TRUE
COPY
OF
THE
NOTICE NO:KI/PROJECTS/2022-2023 DATED 25/02/2023 SENT BY THIS RESPONDENT TO THE PETITIONERS EXHIBIT-R7(f) THE TRUE COPY OF THE ORDER DATED 24/03/2023 IN W.P.(C)NO:9680 /2023 OF THIS HON'BLE COURT.