Kerala High Court

WP(C)/26769/2012 of KERALA STATE CEMENT DEALER'S WELFARE ASSOCIATION Vs THE DIRECTOR GENERAL OF POLICE (THE STATE POLICE CHIEF) on 31 December 2012

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.M.JOSEPH & THE HONOURABLE MR.JUSTICE K.HARILAL MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 26769 of 2012 (U) --------------------------- PETITIONER : -------------------- KERALA STATE CEMENT DEALER'S

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.M.JOSEPH &

THE HONOURABLE MR.JUSTICE K.HARILAL

MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934

WP(C).No. 26769 of 2012 (U) --------------------------- PETITIONER :

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

KERALA STATE CEMENT DEALER'S WELFARE ASSOCIATION, POOKKOTTUR, VALLUVAMBRAM.P.O., MALAPPURAM DISTRICT REPRESENTED BY GENERAL SECRETARY MOHAMMED NASARUDHEEN, S/O.ABDU RAHIMAN, AGED 28 YEARS, ILLATHODI HOUSE, KUZHIMANNA P.O., KIZHISSERY MALAPPURAM DISTRICT.

BY ADVS.SRI.BABU S. NAIR

SRI.K.RAKESH

RESPONDENT(S):

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

1. THE DIRECTOR GENERAL OF POLICE (THE STATE POLICE CHIEF) POLICE HEAD QUARTERS, TRIVANDRUM, PIN-695001. POLICE HEAD QUARTERS, TRIVANDRUM, PIN-695001.

2. KERALA CEMENT DEALERS ASSOCIATION

REPRESENTED BY THE PRESIDENT, DOOR NO.9/286/10 M.G.M.COMPLEX, MISSION QUARTERS OPPOSITE CO-OPERATIVE BANK, THRISSUR, PIN-680 001.

*ADDL. R3 & R4 IMPLEADED

*3.THE DISTRICT POLICE CHIEF,MALAPPURAM, PIN - 676 505.MALAPPURAM, PIN - 676 505.

*4.THE DISTRICT POLICE CHIEF,PALAKKAD, PIN - 678 001.PALAKKAD, PIN - 678 001.

*ADDL. R3 & R4 ARE IMPLEADED AS PER ORDER DATED 21.11.2012 IN

I.A. NO. 15652/2012

R1, R3 & R4 BY SR. GOVT. PLEADER SRI. M.K. ABOOBACKER R2 BY ADV. SRI.P.M.HARRIS

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn

WP(C).No. 26769 of 2012 (U)

APPENDIX

PETITIONERS' EXHIBITS :

EXT.P1: TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PRESIDENT OF THE PETITIONER ASSOCIATION TO THE 1ST RESPONDENT DT. 8.11.2012.

RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

Mn

K. M. JOSEPH & K. HARILAL, JJ----------------------------------------- W.P(C). No. 26769 OF 2012------------------------------------------ Dated this the 31[st] day of December, 2012

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J U D G M E N T

K.M. Joseph, J

Petitioner has approached this court seeking the followingreliefs :

i) Issue a writ of mandamus or any otherappropriate writs, orders or directionscommanding the 1[st]respondent to giveadequate, effective and meaningful policeprotection to the life and business of themembers of the petitioner association from themembers of the 2[nd] respondent and thehenchmen acting under them.appropriate writs, orders or directionscommanding the 1[st]respondent to giveadequate, effective and meaningful policeprotection to the life and business of themembers of the petitioner association from themembers of the 2[nd] respondent and thehenchmen acting under them.

ii) Issue a writ of mandamus or any otherappropriate writs orders or directionscommanding the 1[st] respondent to considerExhibit-P1 representation and pass appropriateorders on the same, expeditiously without anyfurther delay.appropriate writs orders or directionscommanding the 1[st] respondent to considerExhibit-P1 representation and pass appropriateorders on the same, expeditiously without anyfurther delay.

2. Briefly put, the case of the petitioner is as follows :

The petitioner and the 2[nd] respondent are associations of cement dealers. The 2[nd] respondent has declared a strike from15.11.2012 for an indefinite period as protest for the tax policiesof the Government. The petitioner association has 89 membersat various place of the State and the same is formed when thedecisions of the 2[nd] respondent were unacceptable to some of the WP(c). No.26769/12

members. The 2[nd] respondent association is affiliated to KeralaVyapari Vyavasai Ekopana Samithi and they have politicalstrength too. Now the members of the 2[nd] respondent associationare threatening the members of the petitioner association andthey are compelling to participate in their strike, for which thepetitioner association is not at all ready for.

3. The President of the petitioner association on 8.11.2012submitted Exhibit P1 complaint to first respondent stating thatdue to the obstruction of members of the 2[nd] respondent, theyare not in a position to do business, which is guaranteed underthe Constitution of India. The petitioner-association and 2[nd]respondent association are not in good terms and earlier theycompelled the members of the petitioner association to increasethe price of cement and when that was not accepted, they wereejected from the association. Now, the 2[nd] respondent-association does not have any right to obstruct the business ofthe petitioner and therefore, there is no justification to declinepolice protection for the legal business of the petitioner. Thoughcomplaint was filed, no action is taken.

4. When this matter came up on 16.11.2012 we hadrecorded the submission of learned counsel for the second WP(c). No.26769/12

respondent that second respondent will not make any obstructionfor the conduct of the business by members of the petitionersassociation.

5. Today, when the matter came up, learned counsel for the petitioner would submit that the strike has been called off.We dispose of the writ petition by referring to the submissionmade on behalf of the second respondent, which we had alreadyrecorded.

Sd/-

K. M. JOSEPH, JUDGE

Sou.

Sd/-

K. HARILAL, JUDGE.// True copy //

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