IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 21732 of 2011(N) ------------------------------- PETITIONER(S): ------------------ M/S.COCHIN MINERALS & RUTILE LIMITED POST BOX NO.79, VII/224, MARKET ROAD, ALUVA 683 101, REPRESENTED BY ITS AUTHORISED SIGNATORY C.B.SUNIL KUMAR. BY ADV. SRI.E.K.NANDAKUMAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENT(S): -------------------- 1. THE COMMISSIONER OF POLICE KOLLAM 691 001. 2. DEPUTY SUPERINTENDENT OF POLICE KARUNAGAPPALLY,KOLLAM 690 518. 3. THE CIRCLE INSPECTOR OF POLICE CHAVARA 691 588. 4. THE SUB INSPECTOR OF POLICE CHAVARA POLICE STATION ,CHAVARA 691 588. 5. YOUTH CONGRESS, CHAVARA ASSEMBLY CONSTITUENCY COMMITTEE REPRESENTED BY ITS PRESIDENT SHIJU NELLIPARAMBIL YOUTH CONGRESS, CHAVARA ASSEMBLY CONSTITIUENCY COMMITTEE OFFICE CHAVARA, KOLLAM 691 583. GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21732 of 2011(N) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF AN INVOICE ISSUED ON 29/07/11 TO THE PETITIONER BY M/S INDIAN RARE EARTHS LTD. EXT.P2:- TRUE COPY OF A NOTICE DT.05/08/11 DISTRIBUTED BY THE 5TH RESPONDENT AT THE SITE OF AGITATION. EXT.P3:- TRUE COPY OF THE COMPLAINT DT.08/08/11 FILED BY M/S DEEPTHI TRANSPORTS SERVICE, THE TRANSPORTING CONTRACTOR OF THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P4:- TRUE COPY OF NEWS ITEM APPEARED IN THE MATHRUBHUMI DAILY DT.09/08/11 (KOLLAM EDITION) EXT.P5:- TRUE TYPED COPY OF THE RELEVANT NEWS ITEM IN EXT.P4 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.21732 of 2011 ------------------------------------------------ Dated this the 16th day of August, 2011 JUDGMENT Abdul Rehim, J The Writ Petition was filed seeking direction to respondents 1 to 4 to provide adequate protection to enable transport of raw-materials from M/s Indian Rare Earths Ltd., Chavara to the factory of the petitioner at Edayar, Kalamassery. The allegation was that the 5th respondent, its members and supporters had prevented transport of raw- materials to the petitioner's factory, under the premise that they were conducting agitation in front of M/s Kerala Minerals and Metals Litd., Chavara. It is further alleged that they have blocked 9 (nine) vehicles in which raw-materials were transported to the petitioner company, in an illegal manner. The registration numbers of the vehicles which were detained with the raw-materials were specifically stated in the Writ Petition. W. P. C. No.21732 of 2011 -2- 2. When the matter came up for admission on 09/08/11, we have issued an interim direction to respondents 2 to 4 to provide effective and adequate protection for onward transportation of the raw-materials in the 9 (nine) lorries referred to in the Writ Petition, which were alleged to have been detained in front of the KMML, Chavara. 3. Today, when the matter was taken up for consideration, learned Government Pleader submitted that on the basis of the interim order issued by this court, the detained lorries were already released and the goods were already transported to the petitioner company. It was also submitted by the learned Government Pleader that there was massive agitations in front of KMML, in which about 500 persons participated. 4. However, Sri.P.Gopinath Menon, learned counsel appearing for the petitioner had specifically pointed out that the respondents 3 and 4 have not taken any prompt actions for releasing the detention, inspite of production of copy of the interim order issued by this Court, and that the lorries in W. P. C. No.21732 of 2011 -3- question were released from the spot only on the next day, (ie. on 11/08/11). It is complained that inspite of production of the order of this court before the respondents 3 and 4, no action was taken to remove the obstructions during the entire day of 10th August, 2011. 5. Learned Government Pleader on instructions submitted that, in fact there existed a dispute regarding non-supply of required raw-materials to KMML, which was a matter under conciliation before the Honourable Minister for Labour. However, the allegations regarding inaction on the part of respondents 3 and 4 is denied, and it is submitted that a criminal case has already been registered against those persons who had detained the lorries in question. 6. Since the issue involved in this Writ Petition has become infructuous in view of release of the lorries, we are not proposing to pass any further orders in this Writ Petition. However, we take note of the situation prevailed as alleged by learned counsel for the petitioner with serious concern and great displeasure. As and when the High Court issues W. P. C. No.21732 of 2011 -4- any specific direction to the police officials, they are bound to take immediate steps for compliance. No excuse or dereliction can be permitted under the guise of any reason that some dispute is pending or that any conciliation is ongoing. But we restrain from proceeding further with the issue in this case since we notice that the grievance of the petitioner stands redressed. We make it clear that if there is any further incidents of obstruction to the transport of raw- materials to the petitioner company, prompt actions for averting such obstruction shall be taken from the side of respondents 2, 3 and 4. 7. The Writ Petition is disposed of with the above directions. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.21732 of 2011 -5-