M.A.Abdul Nazer Vs. State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY, THE 19TH DAY OF JULY 2013 28TH ASHADHA, 1935 WP(C).No. 2986 of 2013 (W) --------------------------- PETITIONER(S): --------------- M.A.ABDUL NAZER AGED 5 YEARS S/O.MOHAMMED, RESIDING AT DUNIYA HOUSE, KODIYATHOOR MUKOM, KOZHIKODE-673602, MANAGING PARTNER NEW DIAMOND M SAND, PULLANHIMEDU, PERUMBALLI P.O. THAMARASSERY-673573. BY ADVS.SRI.K.C.ELDHO SRI.JIJO THOMAS SRI.SURAJ.S SRI.ANEESH JAMES RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.

2. DEPUTY SUPERINTENDENT OF POLICE THAMARASSERY, KOZHIKODE RURAL-673573.

3. CIRCLE INSPECTOR OF POLICE THAMARASSERY, KOZHIKODE-673573.

4. SUB INSPECTOR OF POLICE THAMARASSERY, KOZHIKODE DT., PIN 673573.

5. THE SECRETARY MOTOR AND ENGINEERING WORKERS UNIOR CENTRE OF INDIA TRADE UNIONS (CITU0, AREA COMMITTEE REG.NO.314/68, AFFILIATED TO CITU, NO.K-198 THAMARASSERY, KOZHIKODE (DT), PIN 673573. BY GOVERNMENT PLEADER SSRI. P.A. MUHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX W.P.(C) NO. 2986/2013 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF LICENCE GIVEN TO PETITIONERS FIRM BY THE PUDUPPADI GRAMA PANCHAYAT. EXT.P2 TRUE COPY OF CHEARANCE GIVEN BY THE POLLUTION CONTROL BOARD TO THE UNIT. EXT.P3 TRUE COPY OF LICENCE UNDER THE KERALA MINOR MINERAL CONCESSIONS RULES ISSUED TO THE PETITIONER. EST.P4 TRUE COPY OF CERTIFICATE SHOWING THE REGISTRATION OF THE UNIT UNDER THE COMMERCIAL TAXES DEPARTMENT. EXT.P5 TRUE COPY OF COMPLAINT DATED 2 1.2013 SUBMITTED BY THE MANAGER OF THE UNIT BEFORE THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF RECEIPT ISSUED BY THE 2ND RESPONDENT ON RECEIVING THE COMPLAINT. EXT.P7 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER FOR RENEWAL OF THE LICENSE. EXT.P8 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE PUTHUPPADY GRAMA PANCHAYATH FOR RECEIVING THE APPLICATION. EXT.P9 TRUE COPY OF RECEIPT SHOWING PAYMENT OF THE FEE REQUISITE FOR RENEWAL OF THE LICENSE ISSUED BY THE PUTHUPADDY GRAMA PANCHAYATH. EXT.P10 TRUE COPY OF LICENSE VIDE NUMBER 1 2013-14 ISSUED BY PUDUPPADY GRAMA PANCHAYAT. RESPONDENTS' EXHIBITS: NIL. [True copy] P.S to Judge. S. Siri Jagan & K. Ramakrishnan, JJ.

=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C). No. 2986 of 2013 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th day of July, 2013. JUDGMENT

Siri Jagan, J.

The petitioner is the managing partner of a crusher unit, which is engaged in the business of making sand for construction purpose from crushing granite stones. There was a dispute regarding carrying of materials from the petitioner's establishment. Some of the lorry drivers affiliated to the 5th respondent-union raised a claim for preferential engagement of their vehicle for carrying the materials. Their claim turned into physical prevention of the business of the petitioner's establishment. Although the petitioner sought help from the police, they did not oblige. That is why the petitioner has filed this writ petition seeking the following reliefs: "a. Issue a writ of mandamus or any other appropriate writ, order or direction compelling the 2nd respondent to provide adequate and effective police protection to the smooth functioning to the petitioner's unit in the name Diamand M Sand and to grant protection to transport sand from the unit. b. Issue a writ of mandamus or any other appropriate writ, order or direction compelling the 2nd respondent to consider Exst. P5 petition and to provide adequate and effective police protection to the petitioners crusher unit.

2. Although notice in this writ petition was received by the 5th respondent, they have not chosen to enter appearance to contest the matter.

3. On 11.2.2013, this Court passed the following interim W.P(C). No. 2986 of 2013 -:

2. :- order, which was extended from time to time: "There will be an interim order directing the fourth respondent to provide effective police protection to the function of the crusher unit in the name "Diamand M Sand" and to permit the lorries to go in and out of the unit as against any obstruction by the members of the fifth respondent union, as long as it is being done as first come first serve basis, for a period of ten days." In view of the facts and circumstances of the case, insofar as the 5th respondent has not chosen to contest the matter, we are of opinion that the writ petition itself can be disposed of in terms of the interim order. The learned Government Pleader raises a doubt as to whether the license of the petitioner is current. The counsel for the petitioner submits that the same has been renewed. In the above circumstances, the writ petition is disposed of in terms of the above interim order, subject to the condition that the petitioner has all necessary licenses and permits to continue the business. Sd/- S. Siri Jagan, Judge. Sd/- K. Ramakrishnan, Judge. Tds/