High Court of KeralaWP(C)/9337/2015closed

Tippper Lorries Earth Moving Equipments v. The District Police Chief (Rural) Kozhikode

2015-03-24Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 PETITIONER(S) :- ------------------ TIPPPER LORRIES EARTH MOVING EQUIPMENTS OWNERS AND OPERATORS WELFARE ASSOCIATION, REG.NO.140/2011, MUKKAM AREA, MUKKOM (PO) KOZHIKODE, REP. BY ITS SECRETARY, SUNIL KUMAR S/O.BHASKARAN, CHALIL HOUSE, KARASSERY (PO) PIN-673 602, KOZHIKODE DISTRICT.

BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S) :- ------------------

1. THE DISTRICT POLICE CHIEF (RURAL) KOZHIKODE, KOZHIKODE DISTRICT-673 001.

2. THE DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY, KOZHIKODE DISTRICT-673 573.

3. THE CIRCLE INSPECTOR OF POLICE, KODUVALLY POLICE STATION, KODUVALLY (PO), PIN-673 572 KOZHIKODE DISTRICT.

4. THE SUB INSPECTOR OF POLICE, MUKKAM, MUKKOM (PO), PIN-673 017 KOZHIKODE DISTRICT.

5. M/S.POABS ROCKS PRODUCTS PRIVATE LTD., GOTHAMBU ROAD, NELLIKKAPARAMBU (PO), MUKKAM KOZHIKODE DISTRICT-673 017 REP. BY ITS MANAGING DIRECTOR, SRI.BINU K.MATHEW.

6. SHAJI THEKKANAMKUNNEL, S/O.ANTONY, NELLIKKAPARAMBU (PO), PIN-673 602 KOZHIKODE DISTRICT.

7. NIZAM KANIYATTU, S/O.ABDUL JABBAR, NELLIKKAPARAMBU (PO) KOZHIKODE DISTRICT-673 602.

8. JAYAPRAKASH PALAKUZHIYIL, PANNIKODE (PO), PIN-673 602, KOZHIKODE DISTRICT.

9. RIYAS KARANGADU, S/O.BEERANKUTTY, NELLIKKAPARAMBU (PO) KOZHIKODE DISTRICT-673 602.

10. SHAKKEER ALI MAVAYI, S/O.RASHEED MUNSHI, NELLIKKAPARAMBU (PO) KOZHIKODE DISTRICT-673 602.

R1 TO R4 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

APPENDIX PETITIONER(S)' EXHIBITS :- EXT P1 : A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS HEREIN DATED 12.03.2015 BEFORE THE 4TH RESPONDENT ALONG WITH ENGLISH TRANSLATION. EXT P2 : A TRUE COPY OF THE COMPLAINT FILED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 16-03-2015 ALONG WITH ENGLISH TRANSLATIONS. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, Ag. C.J & A.M. SHAFFIQUE, J.

--------------------------------------- W.P.(C) No.9337 of 2015 ---------------------------------------- Dated this the 24th day of March 2015

J U D G M E N T

Shaffique, J.

This writ petition is filed by the Tipper Lorries Earth Moving Equipments Owners and Operators Welfare Association. It is inter alia contended that while materials were being transported from the quarry of 5th respondent, obstruction is created by private respondents. In a writ petition filed by the 5th respondent before this Court as W.P.(C) No.8857 of 2015, this Court had already issued appropriate direction to the police to ensure maintenance of law and order.

Under such circumstances, there is no necessity to pass further orders in this writ petition. Accordingly, the same is closed.

Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt