P.K. Prasad v. The Deputy Superintendent Of Police

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 FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936 WP(C).No. 29426 of 2014 (C) ---------------------------- PETITIONER(S):

------------ P.K. PRASAD, AGED 50 YEARS S/O LATE P.V. KESAVAN, MANAGING PARTNER WESTERN INDIA FIBRE COMPANY, NO 4/311, SARAL BUILDINGS, THURAVOOR 688532 BY ADVS.SRI.K.R. SUNIL SMT.P.K.PAMALA RESPONDENT(S):

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

1. THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA

2. THE CIRCLE INSPECTOR OF POLICE, KUTHIATHODE POLICE STATION, KUTHIATHODE

3. THE SUB INSPECTOR OF POLICE, KUTHIATHODE POLICE STATION, KUTHIATHODE

4. THE SECRETARY, BHARATHIYA MAZDOOR SANG (BMS), THURAVOOR SOUTH THURAVOOR 688532

5. THE SECRETARY, CITU, THURAVOOR SOUTH, THURAVOOR 688532

6. THE SECRETARY, INTUC, THURAVOOR SOUTH, THURAVOOR 688532

7. THE SECRETARY.

AITUC, THURAVOOR SOUTH, THURAVOOR 688532 BY GOVERNMENT PLEADER SRI.C.R. SHYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29426 of 2014 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXHIBIT P1 TRUE COPY OF THE LICENSE ISSUED BY THE THURAVOOR GRAMA PANCHAYATH EXHIBIT P2 TRUE COPY OF THE RECOMMENDATIONS GIVENBY THE SUPERINTENDENT OF CENTRAL EXCISE CUSTOMES AND SERVICE TAX, CHERTHALA EXHIBIT P3 TRUE COPY OF THE RECOMMENDATIONS OF THE DEPUTY COMMISSIONER OF CENTRAL EXCISE, CENTRAL EXCISE COCHIN BHAVAN EXHIBIT P4 TRUE COPY OF THE COMPLAINT AND THE RECEIPT SUBMITTED TO THE 3RD RESPONDENTDATED 04-11-2014

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

--------------------------------- W.P. (C ) No. 29426 of 2014 ----------------------------------- Dated this the 7th day of November, 2014

ORDER

Ashok Bhushan, Ag.CJ.

Admit. Issue notice to Respondents 4 to 7. Government Pleader takes notice for R1 to R3.

2. By this Writ Petition the petitioner has prayed for a direction to respondents 1 to 3 to grant police protection to the petitioner, his employees and the machineries including the vehicles. Petitioner is the managing partner of the Company by name Western India Fiber Company which is engaged in exporting Coir and Rubber door mats. It is submitted that even loading and unloading is not done manually and it is done with

W.P. (C ) No. 29426 of 2014 the help of machines in mechanised manner. It is submitted that obstruction is created by the private respondents.

3. Let a counter be filed by the respondents within two weeks. List the matter thereafter.

In the meantime, respondents 2 and 3 shall ensure that no obstruction is created in the petitioner's mechanical work of loading and unloading.

ASHOK BHUSHAN , Ag. CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE ani/