IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 22360 of 2011(T) -------------------------------- PETITIONER(S): ----------------- SURESH KUMAR, AGED 40 YEARS, S/O.SREEDHARA MENON, SREE VIHAR, NANDIKARA DESOM, MUKUNDAPURAM, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, PUDUKKAD POLICE STATION, PUDUKKAD, THRISSUR, PIN-680 301. 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, CHALAKKUDY, THRISSUR, PIN-680304. * ADDL. R4:- SENIOR GEOLOGIST, CIVIL LINES, AYYANTHOLE, THRISSUR DISTRICT. *[ADDL. R4 IS SUO MOTU IMPLEADED AS PER ORDER DT.17/08/11 IN W.P.C.] THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22360 of 2011(T) APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF THE SALES TAX REGISTRATION OF THE PETITIONER'S FIRM. EXT.P2:- A TRUE COPY OF THE LICENSE ISSUED BY THE PUDUKKAD GRAMA PANCHAYATH. EXT.P3:- TRUE COPY OF THE CIRCULAR DT.11/11/10 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P4:- TRUE COPY OF THE LETTER ISSUED BY THE DIRECTOR OF MINING AND GEOLOGY DEPARTMENT. EXT.P5:- TRUE COPY OF THE BILL ISSUED BY THE PETITIONER TO HIS CUSTOMERS //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.22360 of 2011 ------------------------------------------------ Dated this the 24th day of August, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner who claims to be conducting business under the name and style “Mars Design Tiles” has approached this court complaining that the second respondent, Sub Inspector of Police is harassing him without any justifiable reasons. According to him, as the lorry belonging to him which was carrying waste product of quarries popularly known as Mutti Manal was unnecessarily intercepted by the second respondent who demanded illegal gratification. On account of the unwillingness of the petitioner to pay illegal gratification the second respondent refused to release the lorry. Such action on the part of the second respondent is continuing and every now and then W. P. C. No.22360 of 2011 -2- lorries carrying Mutti Manal are intercepted and released in the evening. This should be stopped, is the request of the petitioner. 2. As directed by us, the learned Government Pleader obtained instructions from the second respondent and also from the additional 4th respondent, Senior Geologist who was impleaded by us. The learned Government Pleader submitted that the accusations of harassment levelled against the second respondent are without any basis. The lorry having registration No.KL 6B 6293 belonging to the petitioner was found carrying building stone granite aggregate. Transportation of this material requires permit from the senior Geologists. The lorry was intercepted and produced before the senior Geologist, the additional 4th respondent. The additional 4th respondent imposed a fine of ` 25,000/- and the driver of the lorry remitted the fine and accordingly the lorry was released. This action cannot be W. P. C. No.22360 of 2011 -3- branded as harassment. Sri.M.B.Prajith, the learned counsel for the petitioner however, would make submissions reiterating the averments and accusations in the Writ Petition. According to him, the second respondent was antagonized by the refusal of the petitioner to pay illegal gratification to him and he is harassing the petitioner every now and then by intercepting petitioner's lorries saying one reason or the other. 3. We enquired of the learned Government Pleader as to whether the attendance of the petitioner is required presently by the second respondent or by the additional 4th respondent in connection with any crime or other occurrence. She answered in the negative. According to her, lorries of the petitioner will be intercepted only if it is found that they are transporting building stones granite aggregate without permit from the senior Geologist and other requisite documents. No lorry of the petitioner carrying Mutti Manal W. P. C. No.22360 of 2011 -4- which does not require any permit or authorisation will be intercepted. She also submitted that in case the attendance of the petitioner or the production of any vehicle belonging to the petitioner is required by the police in connection with any incident, notice will be issued to the petitioner. We record all the submissions and dispose of the Writ Petition directing the second respondent not to intercept the lorries of the petitioner if it is seen that what is carried in those lorries is only Mutti Manal. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.22360 of 2011 -5-