M/S Golden Kites Infrastructures vs. State Of Kerala
Held
The High Court held that the dispute was primarily a contractual and civil dispute, not warranting police protection under Article 226 of the Constitution. The Court found that such contractual disputes fall within the realm of civil law and cannot be enforced through a police protection order, especially when civil remedies have already been pursued.
Facts
The petitioners, a partnership firm and its managing partner, sought police protection to continue desiltation work at Chulliyar Dam, alleging obstruction by the 5th respondent (their sub-contractor) who stopped issuing Mineral Transit Passes. They had a sub-contract with the 5th respondent, who held the main contract with the State, and had already filed a civil suit and obtained an interim injunction.
Key Issues
Whether the High Court can grant police protection under Article 226 of the Constitution for a purely contractual dispute, especially when civil remedies have already been initiated by the petitioners.
AI-generated summary — verify with the full judgment below
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,
The judgment continues below.
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