Disposed

Mohanan N.P v. the Superintendent of Police (Rural)

Kerala HC23 Jan 2020WP(C)/138/2020

Case brief

AI extract

What is this about?

Petitioner owner of goods carriage sought police protection against trade union obstruction while transporting liquor for the fourth respondent. Court held this is a contract matter; no third party can dictate transportation autonomy. Police will intervene upon complaint of illegal obstruction.

What did the court decide?

Petitioner declared to have right to transportation; police to intervene if obstruction occurs or if the petitioner informs them of vehicle movement.

Mohanan N.P Vs the Superintendent of Police (Rural) — Service and Employment | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

THURSDAY, THE 23RD DAY OF JANUARY 2020 / 3RD MAGHA, 1941

¶5

WP(C).No.138 OF 2020(N)

¶6

PETITIONER:

¶7

MOHANAN N.P AGED 58 YEARS S/O. PADMANABHAN, NAMBYATTU HOUSE, EDYAPPURAM P. O., ALUVA - 683 101.

¶8

BY ADVS. SRI.V.V.NANDAGOPAL NAMBIAR SMT.SMITHA (EZHUPUNNA) SRI.DHEERAJ KRISHNAN PEROT SMT.CHITRA JOHNSON

¶9

RESPONDENTS:

¶10

1 THE SUPERINTENDENT OF POLICE (RURAL) ALUVA, ERNAKULAM DISTRICT - 683 101.

¶11

2 THE CIRCLE INSPECTOR OF POLICE EDATHALA POLICE STATION, EDATHALA ALUVA, ALUVA - 683 112.

¶12

3 THE SUB INSPECTOR OF POLICE EDATHALA POLICE STATION, EDATHALA ALUVA, ALUVA - 683 112.

¶13

4 KERALA STATE BEVERAGES (M & M) CORPORATION LTD. WAREHOUSE, CHOONDY, ALUVA, REPRESENTED BY ITS MANAGER.

¶14

5 THE SECRETARY

¶15

INTUC, CHOONDI UNIT, ERUMATHALA P. O., CHOONDY,

¶16

ALUVA - 683 112.

¶17

6 THE SECRETARY CITU, CHOONDI UNIT, ERUMATHALA P. O., CHOONDY, ALUVA - 683 112.

¶18

7 THE SECRETARY BMS, CHOONDI UNIT, ERUMATHALA P. O., CHOONDY, ALUVA - 683 112.

¶19

W.P.(C) No.138/2020

¶20

¶21

R5& R6 BY ADV. SRI.ARUN ASHOK

¶22

OTHER PRESENT:

¶23

SRI.PP THAJUDEEN, SENIOR GOVT. PLEADER SRI.T.NAVEEN, SC, KSBC.

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

W.P.(C) No.138/2020

¶26

¶27

JUDGMENT

¶28

Dated this the 23^rd day of January 2020

¶29

The petitioner is the registered owner of Swaraj Mazda Mini Lorry bearing registration No.KL 42 C 4851. The petitioner is having goods carriage permit. The petitioner says that when he was engaged for transporting liquor bottles by the 4^th respondent, the members of the respondent Union obstructed the transportation stating that they alone have the right of transportation from the godown of the 4^th respondent. The petitioner, accordingly, seeks Police protection.

¶30

In this matter, respondents 5 and 6 filed a counter affidavit in which it is stated that an agreement was entered by the 4^th respondent with the 'Samyuktha Kshema Samithy of Lorry Drivers & Mini Lorry employees' and therefore, the Samithy is having exclusive right for engagement by the 4^th respondent.

¶31

Learned Standing Counsel appearing for the Kerala State Beverages Corporation (KSBC) submits that they are free to choose transportation of their own choice and no agreement was entered with any person as contended by respondents 5 and 6.

¶32

This Court has to examine the dispute in the light of the Police

¶33

protection sought by the petitioner. The petitioner has every right for

¶34

W.P.(C) No.138/2020

¶35

¶36

transportation. If the petitioner is engaged in transportation, no one can cause obstruction to him. This is purely a matter of contract and the choice of contract is left to the parties who are engaged in such contract.

¶37

No third party can dictate the autonomy of the parties to choose their own mode of transportation.

¶38

If there are any complaints regarding the obstruction being caused

¶39

to the petitioner, the Police shall intervene in such matter and shall ensure that such a transportation is not obstructed on account of any illegal activities on the part of the respondent Union. The petitioner shall in advance intimate the Police the movement of his vehicle. If the 4^th respondent maintains any register for engaging transporters, the petitioner is also permitted to put his name in such register. In view of the fact that the KSBC has no procedure for engagement of transporters, it is appropriate that those who register with the KSBC be given transportation on rotational basis. However, it is a matter purely comes within the policy decision of the KSBC.

¶40

With the above observation, this writ petition is disposed of.

¶41

Sd/-

¶42

A.MUHAMED MUSTAQUE

¶43

JUDGE

¶44

smp

¶45

W.P.(C) No.138/2020

¶46

¶47

APPENDIX

¶48

PETITIONER'S EXHIBITS:

¶49

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION. EXHIBIT P2 TRUE COPY OF THE TRIP SHEET DATED 18.11.2019. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 30.12.2019 TO THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT NO.68918/2019/E DATED 30.12.2019. EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 30.12.2019. EXHIBIT P6 TRUE COPY OF THE ORDER IN WPC NO.34004/2019 DATED 13.12.2019.

¶50

RESPONDENTS' EXHIBITS: EXHIBIT R5(a) A PHOTOCOPY OF THE REGISTRATION CERTIFICATE WITH NUMBER ER.799/2011 DATED 28/9/2011 EXHIBIT R5(b) A PHOTOCOPY OF THE NOTICE ISSUED BY THE MANAGER OF ALUVA WAREHOUSE OF 4TH RESPONDENT VIDE NO.KSBC/WH-ALUVA/125/201920 DATED 22/11/2019 EXHIBIT R5(c) -A PHOTOCOPY OF NOTICE ISSUED BY THE MANAGER OF ALUVA WAREHOUSE OF 4TH RESPONDENT VIDE NO.KSBC/WH-ALA/MGR/2019-20 DATED 2/12/2019

¶51

True Copy

¶52

P.S to Judge

¶53

smp

Mohanan N.P v. the Superintendent of Police (Rural)

Case brief

What is this about?

What did the court decide?

Mohanan N.P v. the Superintendent of Police (Rural)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Naha Khan, Vs Prasad

Bharat Petroleum Corporation Limited, Vs State of Kerala

Subier P.T., Vs M.P.Dinesh I.P.S.

Latha Vs the State of Kerala

Kathireshan Vs the District Collector

Suresh P.R. @ Suresh Kurup, Vs State of Kerala