M/S. Mascom Steels (INDIA) PVT. LTD. vs. The Sub Inspector Of Police - Kerala High Court, 25 October 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF OCTOBER 2021 / 3RD KARTHIKA, 1943 WP(C) NO. 19197 OF 2021 PETITIONER: M/S.MASCOM STEELS (INDIA) PVT. LTD., SALES OFFICE, ASOKAPURAM, ALUVA - 683 101, REPRESENTED BY THE MANAGING DIRECTOR AND AUTHORISED SIGNATORY SRI.GEORE ANTONY, RESIDING AT KUREEKKAL HOUSE, KIZHAKKAMBALAM, KUNNATHATHUNAD, ERNAKULAM DISTRICT. BY ADVS.N.JAMES KOSHY T.SANJAY RESPONDENTS: 1 THE SUB INSPECTOR OF POLICE, ALUVA EAST POLICE STATION, BUILDING, NO.XV/221, ALUVA - PERUMBAVOOR ROAD, ALUVA - 683 101. 2 THE CIRCLE INSPECTOR OF POLICE, ALUVA EAST POLICE STATION, BUILDING NO. XV/221, ALUVA - PERUMBAVOOR ROAD, ALUVA - 683 101. 3 THE DISTRICT POLICE CHIEF, (ERNAKULAM RURAL), ALUVA, pin: 683 101. 4 ANAS, SECRETARY, LOADING AND UNLOADING WORKERS UNION (CITU), POOL NO. 47, ASOKAPURAM BRANCH, OPP.EMMAY LOGISTICS, ASOKAPURAM, ALUVA - 683 101. 5 MANOJ, MEMBER, LOADING AND UNLOADING WORKERS UNION (CITU), POOL NO. 47, ASOKAPURAM BRANCH, OPP. EMMAY LOGISTICS, ASOKAPURAM, ALUVA - 683 101. 6 JALEEL, MEMBER, LOADING AND UNLOADING WORKERS UNION (INTUC), POOL NO. 47, NEAR POST OFFICE, ASOKAPURAM, ALUVA - 683

101.

WP(C) NO. 19197 OF 2021 -2- 7 VISWABHARAN, MEMBER, LOADING AND UNLOADING WORKERS UNION (INTUC), POOL NO.47A,NEAR POST OFFICE, ASOKAPURAM, ALUVA - 683 101. 8 THE DIRECTOR GENERAL OF POLICE, STATE POLICE HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010. SMT.K.AMMINIKUTT.SR.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 19197 OF 2021 -3- JUDGMENT When this matter was called today, the learned counsel for the petitioner – Sri.N.James Koshy, submitted that, pending this writ petition, the party respondents have not caused any obstruction or nuisance to his client and, therefore, that his client does not require any further directions, except that the interim order granted by this Court, dated 16.09.2021, be confirmed.

I notice from the files that the summons issued from this Court to Respondent No.6 has not been returned; while, that issued to respondent No.7 has been returned with an endorsement 'no such addressee'.

The learned Senior Government Pleader – Smt.K.Amminikutty, submitted that the allegations of the petitioner have been looked into by the competent Police Authorities and necessary action

WP(C) NO. 19197 OF 2021 -4- has already been taken, in implicit compliance of directions of this Court in the interim order dated 16.09.2021. Taking note of the afore submissions, I close this writ petition; however, leaving full liberty to the petitioner to approach 1st and 2nd respondents with any complaint in future with respect to the party respondents or anyone else; in which event, the said Authority will advert to the same and take necessary action in terms of law, without any avoidable delay. DEVAN RAMACHANDRAN JUDGE akv

WP(C) NO. 19197 OF 2021 -5- APPENDIX OF WP(C) 19197/2021 PETITIONER EXHIBITS EXHIBIT P1OF THE PETITION DATED 10.09.2021 SUBMITTED BY THE PETITIONER COMPANY PRAYING TO GRANT POLICE PROTECTION BEFORE THE IST AND 2ND RE PEONTS EXHIBIT P2OF THE ACKNOWLEDGEMENT RECEIPT OF PETITION (EXHIBIT P1) DATED 10.09.2021 ISSUED BY THE ALUVA POLICE STATION TO THE PETITIONER. EXHIBIT P3OF RECEIPT[PT DATED 11.09.201 ISSUED BY THE DISTRICT POLICE OFFICE, ERNAKULAM RURAL TO THE PETITIONER. EXHIBIT P4OF THE LICENSE NO. 394/2020- 2021/A-5/2605/21 DATED 01/03/2021 ISSUED BY THE SECRETARY, CHOORNIKKARA GRAMA PANCHAYATH. EXHIBIT P5OF THE FORM GST REGISTRATION CERTIFICATE NO. 32AAACJ9651MIZA DATED 26.02.2021 ISSUED BY THE DEPUTY COMMISSIONER, CTO ALUVA IN FAVOUR OF THE PETITIONER COMPANY. EXHIBIT P6OF THE ORDER G.O.(MS) NO. 511/2018 DATED 30.04.2018 ISSUED BY THE GOVERNMENT OF KERALA. EXHIBIT P7OF THE INTERIM ORDER IN WPC NO. 17866/2021 DATED 03.09.2021 OF THE HONBLE HIGH COURT OF KERALA. EXHIBIT P8OF THE ORDER IN WPC NO 17866/2201 DATED 10.09.2021 OF THE HONBLE HIGH COURT OF KERALA.

WP(C) NO. 19197 OF 2021 -6- EXHIBIT P9OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 11.09.2201. EXHIBIT P10 PHOTOGRAPHS SHOWING FORCIBLE OBSTRUCTION MADE BY THE RESPONDENTS 4 TO 7 AND THEIR SUPPORTERS AND VEHICLES ARE KEPT IDLE AND AGITATORS ARE LYING DOWN IN FRONT OF THE GATE OF THE GODOWN ETC OF THE PETITIONER. EXHIBIT P11 PHOTOGRAPHS SHOWING THE SYSTEM OF WORK AND CRANE INSTALLED IN THE PREMISES AND LOADING AND UNLOADING WORKS DONE IN THE SALE OFFICE OF THE PETITIONER. RESPONDENT'S/S EXHIBITS : NIL.

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