IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 31134 of 2007(F) --------------------------------------- PETITIONER: ------------------- KRISHAN DEV GAUR,PROPRIETOR, UNITED GAS SERVICE, GUJARATHI ROAD, KOCHI-2. BY ADV. SRI.K.JAYAKUMAR, ADV. SRI.P.B.KRISHNAN. RESPONDENTS: ------------------------ 1. DISTRICT COLLECTOR,ERNAKULAM. 2. THE ASSISTANT COMMISSIONER OF POLICE, KOCHI CITY, MATTANCHERRY, KOCHI-2 3. THE SUB INSPECTOR OF POLICE, KANNAMALY POLICE STATION, KANNAMALY,KOCHI-7. 4. THE EXECUTIVE ENGINEER, K.S.E.B DIVISION THOPPUMPADY, KOCHI-5. 5. V.M.JOSEPH, KALATHARA, KANNAMALY P.O., KOCHI-7. 6. KUTTAN, NADUVILE VEEDU, C.P.M.BRANCH SECRETARY, KALATHARA,KANNAMALY P.O. KOCHI-7. 7. T.K.AUGUSTIN MASER,THOTTUKADAVIL, KATTIPARAMBU,,KANNAMALY P.O. KOCHI-7. 8. LUIS STEPHEN,PUTHENPADATHU KALATHARA,KANNAMALY KOCHI-7. W.P.(C). NO.31134/2007-F: 9. ALBY , THYKOOTTATHIL, KALATHARA ROAD, KALATHARA, KATTIPARAMBU, KANNAMALY P.O. KOCHI-7. 10. PIYOS JAMES, PUTHANPADATHU, KALATHARA, KANNAMALY P.O. KOCHI-7. 11. SHAHUL KALATHARA ROAD, KALATHARA,KANNAMALY P.O. KOCHI-7. 12. INDIAN OIL CORPORATION LTD., REPRESENTED BY ITS CHIEF MANAGER, AREA OFFICE, I.O.C.LTD, PANAMPILLY AVENUE, PANAMPILLI NAGAR, KOCHI-36. *ADDL.R.13. CHELLANAM GRAMA PANCHAYAT, KOCHI- 682 005, REPRESENTED BY ITS SECRETARY. *IMPLEADED AS PER ORDER DATED 14/11/2007 IN I.A. NO. 15056/07. BY GOVT. PLEADER SRI. P.A. SALIM, ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB, ADV. SRI.M.R.SUDHEENDRAN, ADV. SRI.SURAJ.S, ADV. SRI.DINESH R.SHENOY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31134/2007-F: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: DTD. NIL, LOCATION SKETCH OF THE AREA. EXT.P2: DTD. 27/09/2007, COPY OF THE PETITION FILED BY THE PETITIONER BEFORE R.4. EXT.P.3: DTD. 01/10/2007, COPY OF THE PETITION FILED BY THE PETITIONER BEFORE R.2. EXT.P.3.A: DTD. NIL, COPY OF THE A.D. CARD FOR HAVING RECEIVED EXT.P.3. EXT.P.4.A: DTD. 02/07/2007, COPY OF THE RECEIPT ISSUED BY R.5. EXT.P.4.B: DTD. NIL, COPY OF THE RECEIPT ISSUED BY R.5. EXT.P.5: DTD. 08/10/2007 COPY OF THE REPRESENTAION FILED BY THE PETITIONER BEFORE R.3. EXT.P.5.A: DTD. 08/10/2007 COPY OF THE ACKNOWLEDGEMENT RECEIPT. EXT.P.6: DTD. 11/10/2007 COPY OF THE REPRESENTATION BY THE PETITIONER BEFORE R.1. EXT.P.7: DTD. 24/03/2004 COPY OF THE BUILDING PERMIT NO. CP/193/2003-04 ISSUED TO THE PETITIONER. EXT.P.8: DTD. 24/03/2004 COPY OF THE APPROVED PLAN WITH LOCATION SKETCH ISSUED TO THE PETITIONER. EXT.P.9: DTD. 26/08/2004 COPY OF THE LICENCE NO. A6/240/2004-05 ISSUED TO THE PETITIONER. RESPONDENT'S EXHIBITS: EXT. R7.1: COPY OF THE MASS REPRESENTATION DTD. 21/09/2007 SUBMITTED TO THE CHELLANAM GRAMA PANCHAYATH. EXT.R7.2: COPY OF THE DECISION DTD. 03/10/2007 OF THE CHELLANAM GRAMA PANCHAYATH. EXT.R.13.A: COPY OF THE MASS REPRESENTATION DTD.21/09/2007 RECEIVED BY THE 13TH ADDITIONAL RESPONDENT. //TRUE COPY// prv. K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P(C).NO.31134 OF 2007-F -------------------------------------------------------------- Dated this the 17th day of January, 2008. JUDGMENT Balakrishnan Nair, J: The writ petitioner has approached this Court seeking the following reliefs:- “(i) issue a Writ of Mandamus or any other appropriate writ or direction directing respondent Nos.1 to 3 to afford sufficient police protection to the petitioner and the trucks laden with cooking gas and ensure free movement of trucks engaged by I.O.C to and from the petitioner's godown at Kalathara Road, Kattiparambu, Kannamaly, Kochi-7; (ii) issue a Writ of Mandamus or any other appropriate direction to respondents Nos.1 to 3 to afford sufficient police protection to ensure free movement of trucks, laden and empty, to and from the petitioner's godown pending disposal of the above writ petitioner; (iii) grant the petitioner any other appropriate relief that this Hon'ble Court may deem fit to grant on the facts and in the circumstances of the case; AND (iv) award the petitioner the costs of the above writ petition.” WPC.31134/07 . 2 2. The petitioner was constrained to move this Court with the above reliefs as his vehicles plying through Kalathra - Kochuchirackal road were obstructed by the local people on the ground that plying of his vehicles is causing damage to the road. The Panchayat is also supporting the local people. According to the petitioner, the road is being used regularly by lorries carrying building materials. So, it is a road fit for plying his vehicles carrying L.P.G. Since, the stand of the Panchayat and the local people is that the road in the present condition cannot be permitted to be used by the petitioner's vehicles, he moved an application to appoint an Advocate Commissioner to inspect and report the condition of the road. 3. This writ petition cannot be allowed to be converted into a suit. In this jurisdiction also, we are only exercising the power of judicial review and so, we are concerned only with failure of duty of the police. If it is found that the police have failed to discharge their duties, we will remedy the same. The police do not have any statutory duty to inspect and find out whether the road concerned is good for using vehicles and thereafter render WPC.31134/07 . 3 protection to ply the vehicles through it, if they find that the road is good for the same. In the absence of any duty cast on the police in this regard and corresponding right in the petitioner, we feel that it is not proper for us to further proceed with this writ petition. Accordingly, it is closed without prejudice to the contentions of both sides and the right of the petitioner to move other forums for appropriate relief. K. BALAKRISHNAN NAIR, JUDGE. P.N. RAVINDRAN, JUDGE. cl WPC.31134/07 . 4