The High Court closed the writ petition without passing any further orders on the application of the learned Senior Counsel appearing for the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B. RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K. VINOD CHANDRAN
FRIDAY, THE 27TH DAY OF JULY 2012/5TH SRAVANA 1934
WP(C).No. 12826 of 2012 (C)
PETITIONER :
KITEX GARMENTS LTD. P.B.NO.5, KIZHAKKAMBALAM, ALUVA - 683562 REPRESENTED BY ITS MANAGING DIRECTOR SABU M. JACOB.
BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI
RESPONDENT(S):
1. THE SUPERINTENDENT OF POLICE ALUVA RURAL, ALUVA - 683101.
2. THE CIRCLE INSPECTOR OF POLICE, KUNNATHUNADU - 683562.
3. THE SUB INSPECTOR OF POLICE, KUNNATHUNADU - 673562.
4. SRI.BALACHANDRAN, THOZHUTHUNGAL HOUSE, VILANGU KARA, PATTIMATTOM VILLAGE VILANGU P.O., KUNNATHUNADU TALUK - 683561.
5. SMT.GEETHA, W/O.SHRI.BALACHANDRAN, THOZHUTHUNGAL HOUSE, VILANGU P.O., VILANGU KARA PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK - 683561.
6. SHRI.GEORGE ALIAS SAKKAYI, PULIKKAL HOUSE, VILANGU P.O., VILANGU KARA PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK - 683561.
7. SHRI.RAHIM, S/O.AZEEZ, KOPPARAMBIL HOUSE, VILANGU P.O., VILANGU KARA PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK - 683561.
...2/-
WP(C).No. 12826 of 2012 © -2-
8. SHRI.VEERAN PAREEKUTTY, KEEDETH HOUSE, VILANGU P.O., VILANGU KARA PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK - 683561.
9. SHRI.PAREEKUJU, KEEDETH HOUSE, VILANGU P.O., VILANGU KARA PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK - 683561.
10. SHRI.YAHIYA KUNJU, KEEDETH HOUSE, VILANGU P.O., VILANGU KARA PATTIMATTAM VILLAGE, KUNNATHUNADU TALUK - 683561.
11. SHRI.KUNHAYYAPPAN,
12. SHRI.SAJEEV
13. SHRI.SIBI
14. SHRI.SHAMEER,
*ADDL. R15 & R16 ARE IMPLEADED
*ADDL.R15 & R16 ARE IMPLEADED AS PER ORDER DT. 21.6.2012 IN WPC.
R1 TO R3 BY SR. GOVT. PLEADER SRI. JAMES MATHEW KADAVAN R5 TO R14 BY ADV. SRI.P.SATHISAN R15 & R16 BY ADV. SRI. M.AJAY, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...3/-
WP(C).No. 12826 of 2012 ©
APPENDIX
PETITIONERS' EXHIBITS :
| EXT.P1 | PHOTOCOPY OF FLEX BOARD PRINTED AND EXHIBITED BY RESPONDENTS 4 TO 14. |
|---|---|
| EXT.P2 | PHOTOCOPY OF COMPLAINT SUBMITTED BEFORE THE DEPUTY SUPERINTENDENT OF POLICE ON 1/6/2012. |
| EXT.P3 | PHOTOCOPY OF COMPLAINT SUBMITTED BEFORE THE IST RESPONDENT ON 2/6/2012. |
| EXT.P4 | PHOTOCOPY OF INVITATION CARD IN RELATION TO IST DEATH ANNIVERSARY OF LATE M.C.JACOB. |
| EXT.P5 | COPY OF RELEVANT PAGES OF DATA OF THE EMPLOYEES CONTRIBUTION FURNISHED BEFORE THE EMPLOYEES STATE INSURANCE CORPORATION FOR THE PERIOD FROM 1.10.2011 TO MARCH, 2O12 RELATING TO THE PETITIONER COMPANY. |
| EXT.P6 | COPY OF THE RELEVANT PAGES OF THE DATA OF 3677 EMPLOYEES UNDER KITEX GARMENTS LIMITED. |
| EXT.P7 | COPY OF THE RELEVANT PAGES OF DATA SHEETS SHOWING THAT THERE ARE ABOUT 4311 EMPLOYEES IN KITEX CHILDREN WEAR LIMITED. |
| EXT.P8 | PHOTOGRAPHS SHOWING THE GLASSES IN THE FRONT AS WELL AS IN THE REAR OF TATA SUMO BEARING NO. KL-07 BF-5560 WAS COMPLETELY DESTROYED. |
| EXT.P9 | PHOTOGRAPHS SHOWING THE GLASSES OF ALL SIDES WERE BROKEN DESTROYED AND DAMAGED IN VEHICLE NO. KL-17A 1012 (BOLERO JEEP) |
| EXT.P10 | PHOTOCOPY OF TENDER NOTICE - OP/SEC/7189 DATED 16.4.2012 ISSUED BY M/S. OIL PALM INDIA LIMITED VIDE. |
| EXT.P11 | PHOTOCOPY OF CERTIFICATE DATED 19.6.2012 ISSUED BY M/S. OIL PALM INDIA LTD TO THE PETITIONER. |
| EXT.P12 | PHOTOCOPY OF PURCHASE ORDER NO. HO/12-13/UP74 DATED 31.5.2012 PLACED BY THE PETITIONER COMPANY WITH M/S. OIL PALM INDIA LIMITED. |
| EXT.P13 | PHOTOCOPY OF COMPLAINT VIDE KLG/LEG/272 DATED 19.6.2012 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT. |
| EXT.P13(a) | PHOTOCOPY OF ACKNOWLEDGMENT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER VIDE NO. 258/12/PTN. DATED 19.6.2012. |
(Contd...)
WP(C).No. 12826 of 2012 ©
| EXT.P14 | PHOTOCOPY OF COMPLAINT VIDE KLG/LEG/277 DATED 19.6.2012 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT. |
|---|---|
| EXT.P14(a) | PHOTOCOPY OF ACKNOWLEDGMENT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER VIDE NO. 259/12/PTN. DATED 19.6.2012. |
| EXT.P15 | PHOTOCOPY OF COMPLAINT VIDE KLG/LEG/278 DATED 19.6.2012 SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT. |
| EXT.P15(a) | PHOTOCOPY OF ACKNOWLEDGMENT VIDE 260/12 DATED 19.6.2012 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
| EXT.P16 | PHOTOCOPY OF CONSENT NO. PCB/EKM/IC-232/09 DATED 20.7.2009 VALID UPTO 30.6.2012 VIDE FILE NO. PCB/EKM/IAO-61/09 OF KERALA STATE POLLUTION CONTROL BOARD. |
| EXT.P17 | PHOTOCOPY OF CONSENT NO. PCB/HO/EKM/ICO/R1/36/2011 DATED 26.2.2011 ISSUED BY KERALA STATE POLLUTION CONTROL BOARD TO THE PETITIONER. |
| EXT.P18 | PHOTOCOPY OF CERTIFICATE OF ANALYSIS VIDE REF.NO.PL/EW/RT/3146/2012 DATED 12.6.2012 ISSUE BY POLUCHEM LABORATORIES (P) LTD. TO THE PETITIONER. |
| EXT.P19 | PHOTOCOPY OF ACKNOWLEDGMENT DATED 21.6.2012 ISSUED BY THE 3RD RESPONDENT TO THE DRIVER OF VEHICLE KL-63-6452. |
| EXT.P19(a) | PHOTOCOPY OF ACKNOWLEDGMENT DATED 21.6.2012 ISSUED BY THE 3RD RESPONDENT TO THE DRIVER OF VEHICLE KL-57.E.8037. |
| EXT.P19(b) | PHOTOCOPY OF ACKNOWLEDGMENT DATED 21.6.2012 ISSUED BY THE 3RD RESPONDENT TO THE DRIVER OF VEHICLE KL-26-E 3202. |
| EXT.P20 | PHOTOCOPY OF APPLICATION FOR CONSENT SUBMITTED BY THE PETITIONER BEFORE THE KERALA STATE POLLUTION CONTROL BOARD ON 30.3.2012. |
| EXT.P21 | PHOTOCOPY OF COVERING LETTER NO. KGL(P)/PCB-539 DATED 31.3.2012 OF THE PETITIONER TO THE ADDITIONAL 16TH RESPONDENT. |
| EXT.P22 | PHOTOCOPY OF DEMAND DRAFT NO. 457095 DATED 24.3.2012 FOR RS. 3,60,000/- DRAWN ON STATE BANK OF INDIA IN FAVOUR OF ADDITIONAL 15TH RESPONDENT BY THE PETITIONER. |
| EXT.P23 | PHOTOCOPY OF APPLICATION FOR CONSENT SUBMITTED BY KITEX GARMENTS AND CHILDREN'S WEAR BEFORE THE KERALA STATE POLLUTION CONTROL BOARD ON 30.3.2012. |
| EXT.P24 | PHOTOCOPY OF COVERING LETTER NO. KGL/PCB-538 DATED 31.3.2012 SUBMITTED BY KITEX GARMENTS AND CHILDREN'S WEAR TO THE ADDITIONAL 16TH RESPONDENT. (Contd...) |
WP(C).No. 12826 of 2012 ©
RESPONDENTS' EXHIBITS :
//TRUE COPY//
P.S. TO JUDGE
Mn
Thottathil B.Radhakrishnan & K.Vinod Chandran, JJ.
W.P.(C).No.12826 of 2012-C
Dated this, the 27th day of July, 2012
JUDGMENT
Thottathil B.Radhakrishnan,J:
The learned Senior Counsel appearing for the petitioner
says that no further orders are required in this writ petition and the matter may be closed. Hence, closed.
Sd/-
Thottathil B.Radhakrishnan Judge
Sd/-
K.Vinod Chandran Judge.
vku/270712.
Kitex Garments Ltd.
The Superintendent of Police Aluva Rural
The Circle Inspector of Police, Kunnathunadu
Sri. Balachandran
Smt. Geetha
Shri. George
Thottathil B. Radhakrishnan
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
