IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 33198 of 2009(T) PETITIONER(S): --------------- P.A. ABDU HAJEE, AGED 65 YEARS, S/O. LATE P.B. MAKKAR HAJEE, PICHATHARA HOUSE, SHALIMAR VILLA, MANAVAZHI DESOM, KOORKENCHERY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADVS. SRI.K.S.BABU SMT.N.SUDHA SRI.GODWIN JOSE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POILCE, THRISSUR OFFICE OF THE SUPERINTENDENT OF POLICE, AYYANTHOL, THRISSUR, THRISSUR DISTRICT. 3. CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, CHERPU, THRISSUR DISTRICT. 4. SUB INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION, KOORKENCHERY.P.O, THRISSUR DISTRICT. 5.BABU, S/O. JOSE, MALAKKARA HOUSE, HOUSE NO.65, MANA LANE, KOORKANCHERY, PIN CODE 680 007, THRISSUR. BY GOVT. PLEADER SRI. T.K. VIPINDAS -R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 33198 OF 2009 --------------------------------------------- Dated this the 4th day of December, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayer: a) Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 3 and 4 to take action on Exhibits P1 and P3 complaints and to afford adequate protection to the life and property of the petitioner and his employees to conduct his business in the premises mentioned in Exhibits P1 and P3 complaints. 2. The learned Government Pleader, on instruction, submits that because of the huge vehicles passing through the road for reaching the petitioner's destination, serious damage has been caused to the electric lines and electric posts, apart from the damage to the road and inconvenience to the people. Hence, there will be a direction to the petitioner to see that no damage is caused to any public property owing to the transport of materials to and from the petitioner's godown. There should not also be any inconvenience to the people on account of such W.P.(C)NO. 33198/2009 2 transport of materials. The petitioner shall take appropriate safeguards in that regard. At any rate, there will be a direction to the petitioner to avoid transport of materials in containers and trailers between 8 a.m. to 10 a.m. and 4 p.m. to 6 p.m. Subject to the above directions to the petitioner, there will be a direction to the police to render the necessary protection to the petitioner for the conduct of his business. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO. 33198/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.33198/2009 JUDGMENT 4th December, 2009