IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 1325 of 2011(M) --------------------------------------- PETITIONER(S): ------------------------- 1. DARSHAN GRANITES (P) LTD., KULATHUMAN P.O., KALANJOOR, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS MANAGER, K.DEVARAJAN PILLAI. 2. PYRAMID GRANITES (P) LTD., REGD. OFFICE: PADAPARA, ATHIRUMKAL, KOODAL, PATHANAMTHITTA, REPRESENTED BY ITS MANAGER SABU.G.S. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENT(S): --------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, ADOOR SUB DIVISION, ADOOR, PIN-691 523. 2. CIRCLE INSPECTOR OF POLICE, KONNI CIRCLE, KONNI-689 691. 3. SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, KOODAL P.O.-689 693, PATHANAMTHITTA DISTRICT. 4. KALANJOOR GRAMA PANCHAYATH, KALANJOOR P.O., KALANJOOR-689 694, REP. BY ITS SECRETARY. 5. DAMODARAN, THONNIVAYAL, MURINJAKAL, KOODAL P.O.-689 693, PATHANAMTHITTA DISTRICT. 6. PRABHAKARAN NAIR, UPASANA, MURINJAKAL, KOODAL P.O.-689 693, PATHANAMTHITTA DISTRICT. 7. MERCY, KUTTIYIL, MURINJAKAL, KOODAL P.O.-689 693, PATHANAMTHITTA DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SMT. CHARISHMA R5 TO R7 BY ADV. SRI.VIJAYAN. K.U. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1325/2011 M APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LICENCE VIDE NO.A2-997/10 DTD. 15/03/2010 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER UNIT. P2: COPY OF THE LICENCE VIDE NO.A2-203/10 DTD. 31/03/2010 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER UNIT. P3: COPY OF THE WRITTEN COMPLAINT DTD. 23/10/2010 SUBMITTED BEFORE THE 1ST RESPONDENT. P4: COPY OF THE WRITTEN COMPLAINT DTD. 12/01/2011 SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT. P5: COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT ON THE COMPLAINT. P6: COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT ON THE COMPLAINT BY THE 2ND PETITIONER. RESPONDENT'S EXHIBIT: R5(A): COPY OF THE NEWS REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 11/01/2011. /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------------- W.P.(Civil) No.1325 of 2011 ---------------------------------------------------- Dated this the 28th day of January, 2011 Judgment Basant, J. The petitioners are crusher operators and according to them, they are carrying on their business activity in due compliance of all the provisions of law. The raw materials are to be carried to the units and the products have to be removed from the units. This has been done in vehicles. The condition of the local road is not satisfactory. It is a P.W.D. road. The local people led by respondents 5 to 7 are causing illegal obstruction to the movement of the petitioners vehicles through the road. This, according to them, creates difficulties. They are unable to transact their business. Complaints before the police have not evoked any useful response. It is, in these circumstances, that the petitioners have come to this court. According to the petitioners, they had earlier contributed to the repair and improvement of the road. They are willing to co-operate with the authorities to further improve the road. But, at any rate, because WPC 1325/2011 2 the condition of the road is bad, the petitioners alone cannot be discriminated and barred from using the road by people of the locality without any legal authority. It is in these circumstances prayed that appropriate directions may be issued. 2. Respondents 5 to 7 have entered appearance. They deny all allegations of malafide against them. According to them, it is a genuine case of the local public raising objection to the movement of the petitioners vehicles through the public road which leads to damage and deterioration of the roads. Because of the damage and deterioration of the roads, vehicular traffic through the road has practically become impossible. Passenger vehicles are not being plied along the road. Vehicles belonging to the petitioners alone are moving along the road leading to further damage and deterioration of the road. In these circumstances, the local people are only peacefully demonstrating against the possibility of further damage and deterioration of the road and highlighting the need to repair and improve the road, contends the learned counsel. 3. The learned Government Pleader submits that according to respondents 1 to 3, the condition of the road is bad. It WPC 1325/2011 3 deserves to be repaired and improved. But respondents 5 to 7 cannot be permitted to take law into their hands and prevent the operation of the petitioners vehicles. Needful shall be done if there is any illegal obstruction to the movement of vehicles, submits the learned Government Pleader. 4. We have considered all the relevant inputs. The right of respondents 5 to 7 to peacefully demonstrate and lead an agitation for the proper improvement and maintenance of the road cannot be disputed. At the same time, they cannot be permitted to take law into their hands and obstruct traffic along the road in their discretion. We accept the submission of the learned Government Pleader on behalf of respondents 1 to 3 that necessary action shall be taken to abate any such unlawful objection. 5. We should think that ideally the authorities concerned must immediately take action to repair and improve the road. If the same is not immediately possible, for a limited period of time, barring heavy vehicular traffic through the road can be considered in accordance with law. At any rate, the members of the local public cannot be permitted to illegally obstruct WPC 1325/2011 4 movement of the vehicles along with the public road. We accept the submissions of the learned Government Pleader that necessary police protection shall be afforded for movement of the vehicles belonging to the petitioners. No further orders are necessary in this petition in the light of the stand taken by the learned Government Pleader. 6. This petition is accordingly allowed to the above extent. R.BASANT, JUDGE. K.SURENDRA MOHAN, JUDGE. srd WPC 1325/2011 5 WPC 1325/2011 6