High Court of KeralaWP(C)/26675/2015disposed of

M/S.Vyttila Steel Private Ltd. v. The District Police Chief

2015-09-28Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 26675 of 2015 (H) ---------------------------- PETITIONER :

--------------------- M/S.VYTTILA STEEL PRIVATE LTD., V/648, 649, BINANIPURAM JUNCTION EDYAR, ERNAKULAM-683502 REPRESENTED BY ITS DIRECTOR SRI.DIVYAKUMAR JAIN. BY ADVS.SRI.BECHU KURIAN THOMAS SRI.PAUL JACOB (P) SRI.ENOCH DAVID SIMON JOEL SRI.S.SREEDEV SRI.RONY JOSE SRI.GEORGE A.CHERIAN RESPONDENT(S) :

----------------------------

1. THE DISTRICT POLICE CHIEF ERNAKULAM.

2. THE CIRCLE INSPECTOR OF POLICE CHERANALLOOR POLICE STATION, ERNAKULAM-683544.

3. THE SUB INSPECTOR OF POLICE CHERANALLOOR POLICE STATION, ERNAKULAM-683544.

4. ERNAKULAM DISTRICT LORRY-MINI LORRY WORKERS UNION (CITU) CHERANALLOOR UNIT, MOHANAN-BASHEER MANDIRAM CHERANALLOOR, ERNAKULAM-682034 REPRESENTED BY ITS SECRETARY SRI. V.K.KAREEM.

5. AITUC UNION CPI DISTRICT COMMITTEE OFFICE, CANNON SHED ROAD, ERNAKULAM REPRESENTED BY ITS SECRETARY SRI. JOY JOSEPH. R1 TO R3 BY SR. GOVT. PLEADER SRI. C.R. SYAMKUMAR R4 & R5 BY ADV. SRI.A.P.SUBHASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 26675 of 2015 (H) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1:

TRUE COPY OF THE LICENSE DATED 23.7.2015 ISSUED TO THE PETITIONER BY THE CHERANALLOOR PANCHAYAT.

EXHIBIT P1(a): ENGLISH TRANSLATION OF EXT.P1. EXHIBIT P2:

TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 12.8.2015 ALONG WITH THE LETTER OF DEMAND OF 4TH RESPONDENT.

EXHIBIT P2(a): ENGLISH TRANSLATION OF EXT.P2. EXHIBIT P3:

TRUE COPY OF THE COMPLAINT DATED 26.8.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J.

* * * * * * * * * * * * * W.P.C.No.26675 of 2015 ---------------------------------------- Dated this the 28th day of September 2015

J U D G M E N T

Shaffique, J Petitioner is a company engaged in the business of steel pipes and other allied products. According to them, several lorry loads of materials used to come to their establishment for unloading and supplies are also effected from the godowns to various other places. Customers bring their own lorries or they do hire lorries for supply of materials.

Respondents 4 and 5 are two unions functioning in the area, who manage certain lorries / mini lorries, are preventing the petitioner as well as other customers from taking on hire other lorries of their choice for unloading the materials as well as for loading and supply of materials. It is stated that respondents 4 and 5 are insisting that members of their unions alone should be permitted to carry the materials from the said godown to the place of the customers.

Counter affidavit has been filed by respondents 4 and 5 inter alia indicating that they have not obstructed the petitioner in any manner whereas they have only taken up the issue with

the petitioner to permit them also to transport materials as they are also awaiting call from the petitioner. It is stated that the petitioner is engaging lorries which are carrying on return trips. This has caused substantial inconvenience, monetary loss and hardship to the members of the Unions.

Having regard to the aforesaid factual situation, we do not think that respondents 4 and 5 or their men have any right to prevent the petitioner or their customers from engaging their own transportation arrangements. Under such circumstances, if there is any obstruction from the side of respondents 4 and 5 or their men, police is bound to take necessary action and prevent such obstruction.

Having regard to the aforesaid facts, we direct respondents 2 and 3 to ensure maintenance of law and order in the matter relating to loading, unloading and transportation of materials from the petitioner's premises and ensure that no obstruction is being caused to the said activity.

(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr/28/09/2015