Kerala High Court
M/S. Driplex Water Engineering Ltd vs State Of Kerala on 24 June, 2011
Bench: R.Basant, K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16635 of 2011(D)
1. M/S. DRIPLEX WATER ENGINEERING LTD.,
... Petitioner
2. SHRI. K.V. RAJKUMAR, AGED 47,
Vs
1. STATE OF KERALA, REP. BY SECRETARY,
... Respondent
2. THE SUPERINTENDENT OF POLICE,
3. THE ASST. COMMISSIONER OF POLICE,
4. THE CIRCLE INSPECTOR OF POLICE,
5. THE SUB INSPECTOR OF POLICE,
6. MR. BIJU MATHEW, ASKASH ENGINEERING
For Petitioner :SRI.VARGHESE C.KURIAKOSE
For Respondent :SRI.C.P.UDAYABHANU
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :24/06/2011
O R D E R
R. BASANT &
K. SURENDRA MOHAN, JJ.
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W.P.(C) No. 16635 of 2011-D
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Dated this the 24th day of June, 2011
JUDGMENT
Basant,J.
The petitioners are a Company and the Manager of the Company. They have come to this Court complaining of wanton, violent, culpable and contumacious conduct on the part of the 6th respondent. According to the petitioners, there is a business relationship between the 1st petitioner and M/s. Akash Engineering Services represented by the 6th respondent. There are some disputes between them also. Infuriated by the attitude taken up by the petitioners in such disputes, the 6th respondent is causing illegal obstruction to the petitioners and their workmen who have to work at Cochin Refineries Ltd. The short prayer is that such obstruction may be prevented by issuing appropriate directions.
2. The 6th respondent, though served, has not chosen to enter appearance. The learned Government Pleader confirms that the 6th respondent had filed a complaint before the police on behalf of Akash Engineering Services. The learned Government W.P.(C) No. 16635 of 2011 -: 2 :- Pleader accepts that the 6th respondent is representing Akash Engineering Services in another complaint before the police.
3. The short submission of the petitioners is that the 6th respondent and his Company - Akash Engineering Services, may resort to any legal process for the settlement of the disputes between them. But physical overt acts or violent conduct against the petitioners and their workmen may be effectively prevented.
4. The learned Government Pleader submits that the work site is within the Cochin Refineries Ltd., which area is controlled by the Central Industrial Security Force. In these circumstances, the State police may not be able to ensure their safety at the work site. The learned Government Pleader says so because the allegations in the petition reveal that an incident giving rise to the present apprehensions had taken place at the work site within the premises of the Cochin Refineries. The learned counsel for the petitioners submits that the petitioners shall be satisfied if there is no obstruction to the ingress and egress to the work site. The learned Government Pleader submits that such protection can be granted.
5. Inasmuch as the 6th respondent has not chosen to enter appearance even after service, we are satisfied that no other question arises for consideration.
W.P.(C) No. 16635 of 2011 -: 3 :-
6. In the result:
(a) This writ petition is allowed.
(b) Respondents 2 to 5 are directed to afford protection to the petitioners and workmen under them from any culpable and violent acts on the part of the 6th respondent and persons acting under him when they proceed to and return from their work site within Cochin Refineries Ltd.
Sd/-
R. BASANT (Judge) Sd/-
K. SURENDRA MOHAN
(Judge)
Nan/
//true copy// P.S. to Judge