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2018 Supreme(Online)(KER) 67295

RIYAS – Appellant
Versus
SIRAJUDHEEN – Respondent


Devan Ramachandran, J.

Petitioner says that he is the owner of two excavators bearing

Regn.Nos.KL-59-B-6123 and KL-02-W-7414. His allegations in this

writ petition are against the first respondent who, he says, is the

owner of several excavators, as also the Secretary of an

Association of owners of excavators in Kerala and he alleges that

the first respondent, along with his henchmen are obstructing the

petitioner when he operates the excavators on the ground that he

is causing unhealthy competition by offering his services lesser

than the rates fixed by the Association.

2. The petitioner says that he is a free citizen of India and

that he has a fundamental right, guaranteed under the

Constitution, as per which he cannot be stopped from operating

his excavators in the manner that he chooses. On such broad

allegations the petitioner prays that the Police be directed to

afford him adequate and effective protection from the first

respondent and his henchmen.

3. The learned senior Government Pleader appearing on

3

behalf of respondents 2 and 3, who are the concerned Police

officers, submits that the disputes between the petitioner on one

hand and th

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