Disposed

M/S. Enkay Associates v. the District Collector

Kerala HC18 Feb 2016WP(C)/4617/2016

Case brief

AI extract

What is this about?

In a writ petition by a contractor regarding law and order during a strike at an Indian Oil Corporation bottling plant, the High Court of Kerala ordered the police to ensure law and order and to consider requests for police protection.

What did the court decide?

Police to ensure law and order is maintained and consider requests for police protection made by the Indian Oil Corporation authorities.

M/S. Enkay Associates Vs the District Collector — Public Procurement and Tenders | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 18TH DAY OF FEBRUARY 2016/29TH MAGHA, 1937

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WP(C).No. 4617 of 2016 (B)

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PETITIONER(S):

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M/S. ENKAY ASSOCIATES, NIYAS MANZIL, NETTOOR, COCHIN - 682 040. REPRESENTED BY SRI. MUHAMMED NIYAS, AGED 43, S/O.C.K. KUNJUMUHAMMED, NIYAS MANZIL, NETTOOR, COCHIN - 682 040.

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BY ADVS.SRI.T.K.RADHAKRISHNAN

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SMT.S.SREEDEVI(ALP)

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, KAKKANAD P.O., ERNAKULAM - 682 030.

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2. THE COMMISSIONER OF POLICE, ERNAKULAM, KOCHI- 682 011.

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3. THE CIRCLE INSPECTOR OF POLICE, TRIPUNITHURA - 682 301.

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4. THE DEPUTY GENERAL MANAGER (LPG), IOC LIMITED, NADAKKAV P.O., UDAYAMPEROOR, ERNAKULAM - 682 307.

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5. THE CHIEF PLANT MANAGER, INDANE BOTTLING PLANT, IOC LTD., NADAKKAVU P.O., UDAYAMPEROOR, ERNAKULAM - 682 307.

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6. JOHN JACOB, PRESIDENT, UDAYAMPEROOR GRAMA PANCHAYATH, NADAKKAVU P.O- 682 307.

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7. UDAYAMPEROOR IOC OPG BOTTLING PLANT, CYLINDER AND GENERAL WORKERS CONGRESS, INTUC (I), NADAKKAVU P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY JACOB JOHN.

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8. PETROLEUM GAS WORKERS UNION (CITU), INDANE BOTTLING PLANT, NADAKKAVU P.O., UDAYAMPEROOR - 682 307, REPRESENTED BY ITS SECRETARY, T.K. PRASAD.

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9. GENERAL CENTRAL WORKERS SANGH, LPG BOTTLING PLANT, UDAYAMPEROOR UNIT (BMS), REPRESENTED BY N.S. NAVEEN, UDAYAMPEROOR - 682 307.

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R9 BY ADVS. SRI.V.GIRISHKUMAR SRI.SUVIN.R.MENON R BY SRI.M.GOPIKRISHNAN NAMBIAR R1 TO R3 BY SRI.SOJAN JAMES, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4617 of 2016 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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P1TRUE COPY OF THE INTERIM ORDER IN W.P(C) 34031/2015 DATED 19/11/2015.

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P2TRUE COPY OF THE STRIKE NOTICE ISSUED BY 7TH TO 9TH RESPONDENTS.

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P3TRUE COPY OF THE PROPOSAL OF THE PETITIONER SUBMITTED TO THE R.L.C ON 29/01/2016.

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P4TRUE COPY OF THE COMPLAINT SUBMITTED TO RESPONDENTS 1 TO 6 BY THE PETITIONER.

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RESPONDENT(S)' EXHIBITS - NIL

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//TRUE COPY//

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P.A TO JUDGE

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THOTTATHIL B.RADHAKRISHNAN &

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ANU SIVARAMAN, JJ.

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-----------------------------------------------------------------W.P.(C).No.4617 of 2016

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Dated this the 18^th day of February, 2016

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J U D G M E N T

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Thottathil B.Radhakrishnan, J.

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Heard. This writ petition is filed by a contractor who has been entrusted with loading and unloading works in the bottling plant of Indian Oil Corporation. Though the writ petition was filed in the wake of strike, with passage of time, strike has been withdrawn. Learned counsel for the petitioner further says that there are certain working groups within the workers and law and order has to be ensured.

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In the result, we order that the Police will ensure that the law and order is maintained and if any specific request for police protection is made by the authorities of the Indian Oil

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WPC.No.4617/16

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Corporation, that will be looked into and appropriate action will be taken in accordance with law.

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Writ petition ordered accordingly.

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Sd/-

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(THOTTATHIL B.RADHAKRISHNAN, JUDGE)

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Sd/- (ANU SIVARAMAN, JUDGE)

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//TRUE COPY//

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P.A TO JUDGE

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M/S. Enkay Associates v. the District Collector

Case brief

What is this about?

What did the court decide?

M/S. Enkay Associates v. the District Collector

Case brief

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What did the court decide?

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