IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 12692 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------- SABU VILLANASSERY, S/O. V.J.ANTONY, C.C.NO.27/3347, VILLANASSERY HOUSE, PERUMANOOR, KOCHI-682 015. BY ADV. SRI.BABU CHERUKARA, SRI.JAVALIN JOSEPH PALLATH. RESPONDENT(S): --------------------------- 1. SUPERINTENDENT OF POLICE, ERNAKULAM DISTRICT(RURAL), ALWAYE-683 101. 2. SUB INSPECTOR OF POLICE, ALUVA EAST POLICE STATION, ALUVA-683 101. 3. K.S.ABDUL SHUKOOR, THE PRESIDENT, ERNAKULAM JILLA JANAKIYA MOTOR THOZHILALI UNION (SDPI) MALEPILLY MUGHAL UNIT, NAD.P.O., ALUVA,PIN-683 563. 4. K.H.JALAL, GENERAL SECRETARY, ERNAKULAM JILLA JANAKIYA MOTOR THOZHILALI UNION, MALEPPILLY MUGHAL UNIT, NAD.P.O., ALUVA-683 563. 5. AREA SALES MANAGER, BRITANNIA INDUSTRIES LTD., AL AMEEN COLLEGE ROAD, KOMBARA, EDATHALA, NAD POST, PIN-683 563. 6. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM-695 001. R1,R2 & R6 BY GOVERNMENT PLEADER SMT. C.M. CHARISMA R3 & R4 BY ADV. SRI.SALIM V.S. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12692/2011 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CARRIAGE CONTRACT DTD.1/02/2011. P2: COPY OF THE INTIMATION LETTERDTD. 29/03/2011. P3: COPY OF THE REQUEST GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DTD. 23/04/2011. P4: COPY OF THE RECEIPT DTD. 23/04/2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 12692 of 2011-J ------------------------------------------------- Dated this the 13th day of June, 2011 JUDGMENT Basant,J. The petitioner has come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 1 and 2 - police officials under the 6th respondent State, against illegal obstructions raised by respondents 3 and 4 against the petitioner making use of his vehicles for transportation as a contractor of the products of Britannia Industries Ltd., of which the 5th respondent is the Area Sales Manager. 2. According to the petitioner, the petitioner is a transport contractor. He has been engaged by the Britannia Industries Ltd., for transportation of their products i.e., biscuits. The godown of the Britannia Industries Ltd., hitherto was at Maradu. The same has been shifted to Aluva now. The petitioner continues to be a transporting contractor of the Britannia Industries Ltd., even after shifting of the business to Aluva. The petitioner has his own vehicles which, according to him, are specifically adapted for transporting biscuits of the 5th respondent - Company. According to the petitioner, respondents 3 and 4 are now demanding that the petitioner should not make W.P.(C) No. 12692 of 2011 -: 2 :- use of his own vehicles and instead must engage the vehicles of respondents 3 and 4/their members for such transportation. The petitioner is unable to accept this request. Because he has unable to accept the request, illegal obstructions are being raised by respondents 3 and 4. This, in short, is the grievance. It is prayed that directions under Art.226 of the Constitution may be issued. 3. Respondents 4 and 5 had entered appearance through counsel. They have not filed any counter affidavit. There is no representation for respondents 3 and 4 when the matter came up for hearing today. 4. The learned Government Pleader, after taking instructions, submits that according to the police officials, there is no threat to the petitioner, his business or his activity of transporting biscuits of the Britannia Industries Ltd., in his vehicles. There was such a dispute earlier. Respondents 3 and 4 had agreed and now there is no such threat at all. If there be any threat, the petitioner shall be at liberty to complain to respondent No.1 and/or respondent No.2 whereupon appropriate and necessary action shall promptly be taken by respondents 1 and 2, submits the learned Government Pleader. 5. In the absence of any opposition from respondents 3 and W.P.(C) No. 12692 of 2011 -: 3 :- 4 and in the light of the submissions made by the learned Government Pleader, on behalf of respondents 1 and 2, we are satisfied that no specific directions deserve to be issued now under Art.226 of the Constitution. We accept the submission of the learned Government Pleader that adequate and sufficient police protection shall be afforded to the petitioner if there be any illegal obstruction on the part of respondents 3 and 4. 6. This writ petition is accordingly dismissed. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge