IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 14713 of 2008(B) -------------------------- PETITIONER: ------------ T.S.OMANA, W/O.LATE VIJAYAKUMAR, AGED 43 YEARS, PARIYATHU HOUSE, KOODAPALAM, RAMAPURAM VILLAGE, MEENACHIL TALUK, KOTTAYM DISTRICT. BY ADV. SRI.JOHN VIPIN SRI.DENY JOSEPH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, THIRUVANANTHAPURAM. 2. SUPERINTEND OF POLICE, KOTTAYM DISTRICT. 3. SUB INSPECTOR OF POLICE, ERUMELY POLICE STATION, KOTTAYAM DISTRICT. 4. SREEKUMAR @ SREEPADAM SREEKUMAR, S/O.SREEDHARAN, SREEPADAM HOUSE, ERUMELY P.O., ERUMELY SOUTH VILLAGE, KANJIRAPPALLY. 5. A.MOHANAN NAIR, S/O.TOP N. NIVAS, ERUMELY, KANJIRAPPALLY. BYGOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.C.K.VIDYASAGAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.14713/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF SUIT O.S.No.147/07. EXT.P2: TRUE COPY OF FIR IN CRIME NO.126/08 OF ERUMELY POLICE STATION OF SUB COURT, PALA. EXT.P3: TRUE COPY OF COMPLAINT DATED 3.5.08 FILED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF RECEIPT ISSUED BY THE 3RD RESPONDENT FOR THE COMPLAINT DATED 3.5.08. EXT.P5: TRUE COPY OF COMPLAINT DATED 20.5.08 MADE BY THE BPCL TO THE DYSP, KANJIRAPPALLY. EXT.P6: TRUE COPY OF NOTICE DATED 12.5.2008 ISSUED BY THE ACTION COUNCIL. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.14713 OF 2008 ----------------------------------------------------- DATED THIS THE 11th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the licensee of a petrol bunk of Bharat Petroleum Corporation Limited. Originally, it was being run in the property of the petitioner which was leased out to the Corporation. Later, it was shifted to Erumely and located in the property belonging to the 4th respondent. The said respondent executed a lease agreement in favour of the Bharat Petroleum Corporation Limited for a period of 40 years. It appears there was some sham transactions between the 4th and 5th respondents herein and obstruction was caused by them to the running of the petrol bunk by her. Later, the obstruction was removed by the intervention of the Corporation and at present the petitioner is running the petrol bunk. Of late, the persons instigated by respondents 4 and 5 are causing obstruction to the running of the petrol bunk. So the petitioner filed Exhibit P3 representation before the police seeking protection to the running of the petrol W.P.(C)No.14713/08 -2- bunk. In the said petition, an incident which took place on 2.5.2008 which was a 'bandh' day is highlighted. The Bharat Petroleum Corporation Limited has also sent Exhibit P5 communication to the Deputy Superintendent of Police, Kanjirappally requesting to provide adequate protection to the petitioner's petrol bunk. Alleging that the police did not take any effective steps and the obstruction is continuing thereafter also, this writ petition is filed. 2. The learned Government Pleader upon instructions submitted that the dispute, between the petitioner and respondents 4 and 5, has nothing to do with the incident stated in Exhibit P3. The same is the case of alleged subsequent obstruction also. Two suits are pending before the competent civil court concerning the running of the petrol bunk. Nobody is causing obstruction to the running of the petrol bunk, it is submitted. The 4th respondent appeared through counsel and submitted that he has no intention whatsoever to physically obstruct the running of the petrol bunk. He has already moved the civil court seeking appropriate reliefs against the petitioner and others and he will pursue the remedies before the civil court, it is submitted. 3. Though, notice was served on the 5th respondent, no one W.P.(C)No.14713/08 -3- appeared for him. In view of the request made by the Bharat Petroleum Corporation, as evident from Exhibit P5, the police is bound to grant necessary protection to the running of the petrol bunk, if any obstruction is caused to it at the instance of respondents 4 and 5. In the event of any obstruction, the petitioner may inform the 3rd respondent. In that event, the 3rd respondent shall remove the obstruction. It is made clear that the contentions of both sides concerning the civil dispute between them are kept open. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn