IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WP(C).No. 14217 of 2011(B) ------------------------------------- PETITIONER(S): ----------------------- KARIMALA GRANITES & AGGREEGATES PVT LTD PATHANAD, KANGAZHA PO, KOTTAYAM 686 541, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. SRI.BECHU KURIAN THOMAS SRI.ENOCH DAVID SIMON JOEL RESPONDENT(S): -------------------------- 1. SUPERINTENDENT OF POLICE KOTTAYAM 686 001. 2. CIRCLE INSPECTOR OF POLICE VAKATHANAM POLICE STATION, KOTTAYAM 686 538. 3. SUB INSPECTOR OF POLICE KARUKACHAL POLICE STATION, KOTTAYAM 686 540. 4. MINI TIPPER ASSOCIATION CHANGANASSERY TALUK, KARUKACHAL KOTTAYAM 686 540. REPRESENTED BY ITS SECRETARY. 5. M.S.NOUSHAD, PUTHUPARAPPIL FATHIMAPURAM CHANGANASSERY KOTTAYAM 686 540. 6. PRAKASH, SRI SANKARI, KONNAKKAL, EDAYIRIKKAPPUZHA 686 541. R1 TO R3 BY GOVT. PLEADER SMT.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.14217/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COMPLAINT DTD. 21.5.2011 FILED BEFORE THE IST RESPONDENT. P2:- COPY OF THE COMPLAINT DATED 21.7.2010 FILED BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 14217 of 2011-B ------------------------------------------------- Dated this the 6th day of June, 2011 JUDGMENT Basant,J. The learned Government Pleader appears for respondents 1 to 3. Respondents 4 to 6 though served, there is no appearance for them. It appears that respondents 5 and 6 were represented by a counsel when the matter came up on 2/6/11. But the counsel has not filed Vakalath and there is no appearance for those respondents before us today. 2. The petitioner is a Private Limited Company engaged in the business of quarrying. According to the petitioner, there is absolutely no stipulation of law or contract obliging the petitioner to sell his products at any particular price. Respondents 4 to 6, who have no legal authority to insist that the products of the petitioner must be sold at any particular price, are insisting that the petitioner cannot sell his products at the rates fixed by him. They are causing illegal obstructions to such activity of the petitioner. It is, in these circumstances, that the petitioner has come to this Court now seeking issue of directions under Art.226 of the Constitution to respondents 1 to 3. 3. The learned counsel for the petitioner submits that in a W.P.(C) No. 14217 of 2011 -: 2 :- similar matter directions were issued by this Court by judgment dated 4/4/2011 in W.P.(c) No.37100/10. So far as the District of Kottayam where the petitioner carries on business is concerned, there has never been any binding settlement or direction of the District Collector regarding the price at which the products of the petitioner are to be told. In these circumstances, respondents 4 to 6 have no semblance of legal right to insist that the petitioner must sell his products at any particular price to them or to any other. In these circumstances, directions under Art.226 of the Constitution may be issued, it is prayed. 4. The learned Government Pleader, after taking instructions, submits that respondents 4 to 6 have been called to the Police Station and have been strictly warned against any obstruction to the activity of the petitioner. If there be any such illegal obstruction in future, respondents 1 to 3 undertake that necessary police protection shall be afforded to the petitioner, submits the learned Government Pleader. 5. In the light of the undertaking by the learned Government Pleader, we find it unnecessary to issue any further specific directions. We accept the submission of the learned Government Pleader. 6. This writ petition is accordingly allowed. If there be W.P.(C) No. 14217 of 2011 -: 3 :- any further obstruction by respondents 4 to 6, the petitioner can complain to respondents1 to 3 who shall thereupon take necessary action to afford protection to the petitioner against respondents 4 to 6. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge W.P.(C) No. 14217 of 2011 -: 4 :-