IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 10934 of 2010(N) ---------------------------------- PETITIONER(S): ------------------- SHANMUGHAN.J., AGED 40 YEARS, S/O.JANARDHANAN, MANAGING PARTNER, AMARTHANANDA ENGINEERING WORKS 1-36, SHIVDHARA APARTMENTS B/H, HERITAGE HOME, THALTEJ - SHILAJ ROAD, THALTEJ, AHMADABAD - 56, STATE OF GUJARATH. BY ADVS. SRI.C.R.SIVAKUMAR SRI.KRISHNAN.S.RAJ RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF POLICE, POLICE COMMISSIONERATE, THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF POLICE, POONTHURA POLICE STATION, THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, POONTHURA POLICE STATION, THIRUVANANTHAPURAM. svs ...............2/-... ...2... 6. THE AIR PORT AUTHORITY OF INDIA, REP. BY ITS MANAGER, TRIVANDRUM INTERNATIONAL AIR PORT, THIRUVANANTHAPURAM. 7. SANTHOSH B.NAIR, DIRECTOR, SITARAM ENGINEERING TECH.CO.PVT.LTD., H.O.707, ROHINI, OPP.ANANTHAPURI HOSPITAL, BY PASS ROAD, ENCHAKKAL THIRUVANANTHAPURAM, KERALA, INDIA, PIN-695024. 8. CONSOLIDATED CONSTRUCTION CONSORTIUM LTD. (CCCL), REP. BY ITS MANAGER, OFFICE OF THE CONSOLIDATED CONSTRUCTION CONSORTIUM LTD. (CCCL), T.C.13/180, 'THULASI BHAVAN', NALUMUKKU, PETTAH, THIRUVANANTHAPURAM - 695024. R1 TO R5 BY GOVT.PLEADER SRI.T.K.VIPINDAS R6 BY ADV. SRI.K.L.NARASIMHAN, SC, TVM AIRPORT ATY R7 BY ADV. SRI.BABU S. NAIR R8 BY ADVS. SMT.T.D.RAJALAKSHMI SRI.R.VENUGOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 10934/2010(N) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE WORK ORDER DATED 01/10/2007. P2: COPY OF THE LETTER DATED 31/05/2008. P3: COPY OF THE DETAILS OF THE TOOLS / MACHINES. P4: COPY OF THE COMPLAINT DATED 25/02/2010. P5: COPY OF THE BANK STATEMENT OF THE PETITIONER'S FIRM. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 10934 OF 2010 N ----------------------------------------------------------- Dated this the 7th January, 2011. JUDGMENT Basant, J. The petitioner claims to be a sub contractor under the seventh respondent who has been awarded work by the sixth respondent, Airport Authority to do certain work in connection with the Trivandrum International Air Port. The petitioner has come to this Court with this petition for issue of directions under Art.226 to respondents 1 to 5 to enable him to remove articles belonging to him which are allegedly available at the premises of the sixth respondent which the seventh respondent is illegally obstructing. 2. That work was awarded by the sixth respondent to the seventh respondent is accepted. That the seventh respondent had engaged the petitioner as sub contractor is also accepted. That the petitioner has performed work using his tools and the tools were earlier available in the premises of the Trivandrum Air Port where the work was going on is also accepted. WPC 10934/2010 2 3. But there is a serious dispute about the ownership of the tools. According to the seventh respondent amounts much in excess of the work done by the petitioner was advanced to him. The petitioner is liable to return amounts. According to the seventh respondent the tools which the petitioner had used for the work were all sold to him on a consideration. Accordingly, those tools have now become property of the seventh respondent. According to the seventh respondent he does not deny that tools were there and they were taken by him into his possession. But the seventh respondent asserts that those tools belong to him. He further asserts that they have already been removed from the Trivandrum International Air Port. The sixth respondent supports the seventh respondent on this submission and asserts that no tools are now available in the premises of the Trivandrum International Air Port. 4. To sum up it is purely a civil dispute between the petitioner and the seventh respondent as to whether the tools used by the petitioner for the work continue to be property of the petitioner or whether they have been sold by the petitioner to the seventh respondent for adjustment of the amount towards outstanding liabilities which according to the seventh WPC 10934/2010 3 respondent far exceeds the value of the tools. 4. As the basic dispute as to whom the tools belong has to be competently resolved, we are certainly of opinion that jurisdiction of the Court under Article under 226 to afford protection to either party cannot and need not be invoked in this case. Petitioner must establish his right over the tools and claim return of the same in accordance with law. 5. We do in these circumstances dismiss this writ petition but we make it absolutely clear that we have not chosen to express any opinion on the rights of the contestants over the tools. Such dispute will not have to be resolved in accordance with law. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 10934/2010 4