Kerala High Court
National Asphalt Products & ... vs The Circle Inspector Of Police on 11 June, 2012
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan, K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 11TH DAY OF JUNE 2012/21ST JYAISHTA 1934
WP(C).No. 11701 of 2012 (K)
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PETITIONER:
-------------------
NATIONAL ASPHALT PRODUCTS & CONSTRUCTION COMPANY LIMITED,
KHIVRAJ COMPLEX II, 480, ANNASALAI,
NANDANAM,CHENNAI-35,
REPRESENTED BY THE SITE IN CHARGE, R.PACHAIAPPAN.
BY ADV. SRI.BASANT BALAJI.
RESPONDENTS:
------------------------
1. THE CIRCLE INSPECTOR OF POLICE,
OFFICE OF THE CIRCLE INSPECTOR,PALODE,NEDUMANGAD,
THIRUVANANTHAPURAM-695 016.
2. THE SUB INSPECTOR OF POLICE,
PALODE POLICE STATION,PALODE,NEDUMANGAD-695 016.
3. CPI(M) LOCAL COMMITTEE,
NANNIYODE PANCHAYATH, REPRESENTED BY ITS SECRETARY,
SHABI,NANNIYODE,NEDUMANGAD,
THIRUVANANTHAPURAM,PIN-695 215.
4. DYFI LOCAL COMMITTEE,
NANNIYODE PANCHAYATH, REPRESENTED BY ITS SECRETARY,
SAJEESH,NANNIYODE,NEDUMANGAD,
THIRUVANANTHAPURAM,PIN-695 215.
R1 & R2 BY SRI. P. VIJAYARAGHAVAN, STATE ATTORNEY,
R3 & R4 BY ADVS. SRI. SIJU KAMALASANAN,
SMT.BINDU GEORGE,
SRI.PRATHEESH.P.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11-06-2012, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(C).NO.11701/2012-K:
APPENDIX
PETITIONER'S EXHIBITS:
EXT-P1: TRUE COPY OF THE NOTICE TO PROCEED WITH WORK
DTD. 23/02/2012 OF THE PROJECT DIRECTOR OF KERALA STATE
TRANSPORT PROJECT.
EXT-P2: TRUE COPY OF THE LEASE AGREEMENT ENTERED BETWEEN THE
PETITIONER AND SREEKUMAR DTD. 09/8/2011
EXT-P3: TRUE COPY OF THE CONSENT TO OPERATE DTD. 11/11/2009 OF THE
KERALA STATE POLLUTION CONTROL BOARD.
EXT-P4: TRUE COPY OF CERTIFICATE OF ANALYSIS OF POLUCHEM
LABORATORIES DTD. 27/04/2012
EXT-P5: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER TO THE
CIRCLE INSPECTOR OF POLICE.
EXT-P6: TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE CIRCLE
INSPECTOR OF POLICE, PALODE.
RESPONDENTS' EXHIBITS:
EXT.R3.A: COPY OF THE MASS PETITION SUBMITTED BY THE LOCAL PEOPLE TO
THE NANNIYODE PANCHAYATH.
EXT.R3.B: COPY OF THE APPLICATION SUBMITTED BY THE R3. UNDER RIGHT TO
INFORMATION ACT DTD. 17/05/2012 AND THE COPY RECEIVED FROM THE
PANCHAYATH.
EXT.R3.C: THE PHOTOGRAPHS SHOWING THE UNIT OF THE PETITIONER.
EXT.R3.D: COPY OF THE NEWSPAPER REPORT DTD. 09/05/2012 IN
MATHRUBHOOMI DAILY.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
THOTTATHIL B.RADHAKRISHNAN
&
K.VINOD CHANDRAN, JJ.
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W.P(C).No.11701 of 2012
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Dated this the 11th day of June, 2012
JUDGMENT
Thottathil B.Radhakrishnan,J.
1.The petitioner is awarded a contract to lay or improve a particular road under KSTP which is a governmental organisation. Petitioner's complaint is that the private respondents are objecting to the activity of having a bitumen mixing plant, which is absolutely necessary to carry out the work awarded to it. As minuted in our order dated 25.5.2012, the writ petition could not even be considered without the KSTP or the State Government on the array. It was also minuted on 25.5.2012 that it is those authorities who have to answer any situation which is pointed out by the petitioner. The State Government and KSTP are brought in later.
WPC.11701/12 2
2. Learned senior Government Pleader representing the State Attorney today submits that after negotiations for one round, the local people had agreed to permit the work to be carried out.
3.For one thing, the contract is awarded by the KSTP acting on behalf of the State of Kerala. If the Government of Kerala and its police machinery are unable to provide necessary help to carry out the work by removing any obstructions by any person not eligible to obstruct, it is not for this Court to direct the State Government to afford protection. This is not a litigation where a private party tells the court that its rights referable to Part III of the Constitution are being impinged. It is the State Government which is the ultimate repository of the police power of the State to provide protection and have its works carried out since such works are carried out in public interest. If it needs an order from this Court to exercise police power, day will come when we will have to say that the governmental exercise of the WPC.11701/12 3 executive authority under the Constitution is not in the proper range as provided for by law.
4.The objecting private respondents appear to suggest that the unit is a near permanent one and needs licence under the D&O Rules. We leave it open to the Government or the Local Self Government Institution concerned to look into such aspects. At any rate, it is not for the High Court to resolve such disputes when the government also have in mind the need to complete the project by November, 2012. With the aforesaid, this writ petition is dismissed leaving it to the Government and the Head of the Police Department to do the needful in accordance with law.
Sd/-
THOTTATHIL B.RADHAKRISHNAN Judge.
Sd/-
K.VINOD CHANDRAN Judge.
kkb.11/6.
WPC.11701/12 4
THOTTATHIL B.RADHAKRISHNAN & K.VINOD CHANDRAN, JJ.
----------------------------------- W.P(C).No.11701 of 2012
------------------------------------ Dated this the 25th day of May, 2012 O R D E R Thottathil B.Radhakrishnan,J.
We do not think that any order could be passed without hearing the State/Government of Kerala as well as the KSTP which is the primary institution concerned with the project. At any rate, policing is not a matter to be run under the writs of this Court. It has to come from the executive; in terms of the police power of the State. Court would step in only when that is shown to have failed. The State Government and KSTP has to necessarily answer any situation which is pointed out by the petitioner. Without that being available, the writ court would WPC.11701/12 5 not be justified in issuing any direction to the police as sought for.
Learned counsel for the petitioner seeks an adjournment to apply for impleadment of the State of Kerala/Government of Kerala, appropriate higher police officials and the KSTP authorities. Hence adjourned. Post when moved again.
THOTTATHIL B.RADHAKRISHNAN Judge.
K.VINOD CHANDRAN Judge.
kkb.25/5.