Kerala High Court
Meil Neeleshwaram Roadways Private ... vs District Police Chief on 4 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 7261 OF 2024
PETITIONER
MEIL NEELESHWARAM ROADWAYS PRIVATE LIMITED
REPRESENTED BY ITS AUTHORISED SIGNATORY ALLARAPU MURALI
KRISHNA, UNIT NO. 22, TIE, BALA NAGAR, HYDERABAD,
RENGAREDDI, TELANGANA, PIN - 500037
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
BHARATH MOHAN
RESPONDENTS:
1 DISTRICT POLICE CHIEF
KANNUR RURAL POLICE, KANNUR, PIN - 670567
2 THE STATION HOUSE OFFICER
PERINGOME POLICE STATION, PERINGOME, KANNUR DISTRICT,
PIN - 670353
3 DISTRICT COLLECTOR
COLLECTORATE ROAD, THAVAKKARA, KANNUR, PIN - 670002
4 NATIONAL HIGHWAY AUTHORITY OF INDIA
REPRESENTED BY ITS CHAIRMAN, G 5 & 6, SECTOR-10,
DWARKA, NEW DELHI, PIN - 110075
*5 ADDL. R5. DISTRICT GEOLOGIST,
KANNUR *(IS SUO MOTO IMPLEADED AS ADDITIONAL RESPONDENT
VIDE ORDER DATED 28.02.2024 IN WP(C))
BY ADV E.C.KURIAKOSE
SRI P M SHAMEER-GP; SRI E C CKURIAKOSE-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7261 OF 2024 2
JUDGMENT
The petitioner is stated to be a Company engaged in the development, maintenance and management of the National Highway - 66 between Neeleshwaram and Taliparamba. They say that, though they are acting strictly under the instructions and sanction of the 4 th respondent - National Highway Authority of India (NHAI), some vested interests are obstructing their workers; thus jeopardizing the work, which is deleterious, because they are expected to complete the work before 31.12.2024. They say that they have, therefore, preferred complaints before respondents 1 and 3, but that no action has been taken thereon; thus constraining them to approach this Court, through this writ petition.
2. Sri.P.Shanes Methar - learned counsel for the petitioner, pointed out that his client is acting strictly as per law and relied upon Ext.P1 agreement, which have entered into with the NHAI, as also Ext.P3 "Mining Certificate" and Ext.P4 subsequent Agreement, under which the land for excavation was handed over to them. He argued that the actions of the persons who have causing obstruction are confutative, though they call themselves to be environmentalists; but that, in fact, they are making usurious demands, which his client WP(C) NO. 7261 OF 2024 3 cannot accede to. He thus reiteratingly prayed that the reliefs sought for in this writ petition be granted.
3. Sri.E.C.Kuriakose - learned Standing Counsel for the 4 th respondent - NHAI, affirmed the afore, saying that the petitioner has to complete the work within the deadlines as stipulated in the agreement.
4. Sri.P.M.Shameer - learned Government Pleader, in response, submitted that, in view of the fact that NHAI has authorized the petitioner to complete the work and that they are doing so on the strength of all licences, the Police have already taken necessary steps to ensure that they and their employees are not obstructed in any manner whatsoever. He asserted that law and order has been maintained and that, as of now, the petitioner will face no obstruction in the work being completed.
Recording the afore submissions of the learned Government Pleader and that of Sri.E.C. Kuriakose - learned Standing Counsel for the NHAI, I allow this writ petition, directing respondents 1 and 2 to ensure that the petitioner and their men are afforded necessary and adequate protection, so as to enable them to complete the construction as per Exts.P1 and P4 Agreements, without any let or hindrance from any person.
WP(C) NO. 7261 OF 2024 4
As far as the persons causing obstruction are concerned, their rights to invoke appropriate legal remedies are certainly left unhindered.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/4.4 WP(C) NO. 7261 OF 2024 5 APPENDIX OF WP(C) 7261/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CONTRACT AGREEMENT DATED 21.12.2020 BETWEEN THE 1ST PETITIONER AND THE 4TH RESPONDENT Exhibit P2 A TRUE COPY OF THE MINING PLAN DATED 3.02.2024 SUBMITTED BEFORE THE DEPARTMENT OF MINING AND GEOLOGY Exhibit P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT OF MINING AND GEOLOGY, KANNUR DISTRICT OFFICE TO SUDHA K V (CO-
OWNER OF THE PROPERTY) DATED 07.02.2024 Exhibit P4 A TRUE COPY OF THE AGREEMENT DATED 09.01.2024 Exhibit P5 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, KANNUR DATED 09.02.2024 Exhibit P6 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF, KANNUR DATED 09.02.2024 Exhibit P7 A TRUE COPY OF THE RECEIPT ISSUED BY THE KANNUR DISTRICT RURAL POLICE OFFICE 10.02.2024