IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 W.P.(C).No. 29717 of 2008 (K) --------------------------------------- PETITIONER: ------------------- B.KHAIS PASHA, PROPRIETOR, ERUM EARTH MOVERS, SAJJAN RAO ROAD, V.V.PURAM, BANGALORE. BY ADV. SRI.K.P.SUJESH KUMAR SMT.KEERTHI K.NARAYANAN RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE ALAPUZHA. 3. THE CIRCLE INSPECTOR OF POLICE ALAPUZHA SOUTH POLICE STATION, ALAPUZHA. 4. THE SUB INSPECTOR OF POLICE ALAPUZHA SOUTH POLICE STATION, ALAPUZHA. 5. BHASKARAN, GOVERNMENT CONTRACTOR PUTHIYAVILA POST, VELANCHIRA, KAYANKULAM. BY SENIOR GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.29717 OF2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October 2008 JUDGMENT A.K.BASHEER, J. The grievance of the petitioner is that obstruction is being caused by respondent No.5 and his associates from dismantling and removing the “Wet mix plant” belonging to him. It is admitted by the petitioner that the plant had been erected at the project site of National Highway bye pass, Alappuzha where respondent No.5 has undertaken the contract. 2. Admittedly, petitioner is engaged in the business of supply and distribution of Heavy Earth movers and machineries. The case of the petitioner is that the Wet Mix Plant owned by him was hired by respondent No.5 for the purpose of his contract work. But it is alleged by the petitioner that even after completion of the work, fifth respondent is not permitting him to remove the machinery. It is in the above circumstances the petitioner has preferred this writ petition praying for issue of a writ of mandamus or such other appropriate writ, direction or order commanding respondents 2 to 4 to afford sufficient and meaningful Police Protection to the petitioner and his workers to carry out the work of “dismantling and removing the plant” owned by the petitioner at the project site. W.P.(C)No.29717 OF2008 :: 2 :: 3. The prayer made by the petitioner in the writ petition, in our view, is totally misconceived and unsustainable. Even according to the petitioner, the contractor has raised some objection against dismantling of the plant alleging that petitioner has to refund some money to him. This shows some dispute with regard to the payment towards the hire charges is pending. 4. We do not propose to deal with that aspect of the matter. The remedy sought for in this writ petition cannot be worked out in a proceedings under Article 226 of the Constitution of India. In any view of the matter a direction to the Police to afford Protection to the petitioner and his workers to dismantle and remove the plant from the project site cannot be granted. Writ petition fails and it is accordingly dismissed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes