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HIGH COURT OF KERALA
ANU SIVARAMAN, J
SHIBIN CONSTRUCTIONS COMPONENTS – Appellant
Versus
THE STATE POLICE CHIEF – Respondent
WP(C)/35339/2022
Protection - Writ Petitions - No specific acts cited - The court reviewed the management of transportation operations and disputes regarding overloading, emphasizing law and order maintenance by local authorities without endorsing violence.
Fact of the Case:
The registered partnership firm engaged in quarry operations filed a writ petition seeking police protection from local lorry owners. A transport operator also filed a petition for protection as his vehicles faced attacks over alleged overloading and transportation disputes.
Finding of the Court:
The court recognized the complaints regarding overloading but emphasized that any issues should be reported to the competent authorities. It mandated that law enforcement maintain order and prevent violence between involved parties.
Issues: Whether the petitioners are entitled to police protection amidst disputes over loading practices and transport operations.
Ratio Decidendi: The court underscored that lawful complaints about overloading should be addressed by the appropriate authorities and not resolved through violence or obstruction.
Final Decision: Writ petitions disposed of with directions to approach police for maintaining law and order.
JUDGMENT
Dated this the 16th day of November, 2022 These writ petitions are filed seeking police protection.
2. WP(c)No.35066/2022 is filed by the registered Partnership firm conducting quarry and crusher unit operations in Erumeli South Village of Kanjirapally Taluk.
3. WP(c) No.35339/2022 is filed by a transporter, who own several lorries and who seeks protection from respondents 17 to 22 for carrying out the transportation of granite and rubble from the premises of the 16th respondent, who is the petitioner in WP(c)No.35066/2022.
4. The leaned counsel for the petitioner in WP(c)No.35066/2022 contends that there are complaints with regard to the transportation carried out by the lorry owners and issues with regard to overloading of the lorries and that the petitioner had installed a weigh bridge in his premises to see that overloading is prevented. It is submitted that the lorry owners of the locality are obstructing even the willing lorry owners from carrying out the transportation of materials from the petitioner's premises.
5. The petitioner in WP(c) No.35339/2022 would contend that on the ground that the petitioner has being carrying out the transportation of materials from the quarry in question, the petitioner's vehicles had been attacked and FIRs had been launched against the contesting party respondents.
6. A detailed counter affidavit has been placed on record by the 18th respondent to contend that there is no entity as 17th respondent in WP(c) No.35339/2022 and 3rd respondent in WP(c)No.35066/2022 and that the contentions raised are absolutely incorrect. It is submitted that the allegations that the respondents are overloading the vehicles is perfectly incorrect and that there is no obstruction being offered by the 18th respondent to any transportation work of the quarry owner and that the issues are only with regard to overloading of transport vehicles.
7. It is submitted that the petitioner in WP(c)
No.35339/2022 is also engaging in overloading and that a check report has been generated with regard to overloading by the petitioner as well. It is contended that the complaints are raised only by the residents of the locality with regard to overloading of vehicles and the consequent problems faced by the residents of the locality.
8. Having considered the contentions advanced on all sides, I am of the opinion that even if there are complaints with regard to overloading, the same are liable to be brought to the notice of the competent authorities so that action is taken in accordance with law. However, this will not justify any violence or law and order situations being created by any of the parties.
In the above view of the matter, these writ petitions are disposed of, with a direction that in case of any law and order situation, the parties shall approach the police or the competent authorities, who shall look into the complaints and take appropriate action in accordance with law. The Station House Officer shall take appropriate steps to see that law and order is maintained in the locality. All other contentions are left open.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN ska JUDGE APPENDIX OF WP(C) 35066/2022 PETITIONER EXHIBITS Exhibit p1 THE COPY OF THE ORDER OF ADDITIONAL DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM DATED
05.10.2018.
Exhibit p2 THE COPY OF THE DEED OF LEASE DATED 20.10.2018 EXECUTED IN FAVOUR OF THE PETITIONER.
Exhibit3 THE COPY OF THE EXPLOSIVE LICENCE ISSUED IN FAVOUR OF THE PETITIONER UNDERSIGNED BY DEPUTY CHIEF CONTROLLER OF EXPLOSIVES, ERNAKULAM.
Exhibit p4 THE COPY OF THE INTEGRATED CONSENT TO OPERATE-
RENEWAL ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD IN FAVOUR OF THE PETITIONER.
Exhibit p5 THE COPY OF THE NO OBJECTION RENEWAL CERTIFICATE ISSUED BY DISTRICT FIRE OFFICER, FIRE AND RESCUE SERVICES, KOTTAYAM DATED 17.09.2022 HAVING VALIDITY TILL 17.09.2023.
Exhibit6 THE COPY OF THE D&O RENEWAL LICENCE ISSUED BY THE SECRETARY, ERUMELY GRAMA PANCHAYATH DATED
07.12.2022.
Exhibit p7 TH
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