Petitioner, a toll contractor for Ponnani Fishing Harbour, sought police protection against non-payers and assault, and directed action on his complaint. Court directed SHO to take appropriate action on the complaint within two weeks.
Direction to 2nd respondent (SHO) to take up Ext.P2 complaint and take appropriate action within two weeks
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WP(C) NO. 13720 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943 WP(C) NO. 13720 OF 2021
PETITIONER/S:
K.M.JALAL, AGED 65 YEARS,
S/O MOHAMMED, KANNANCHAKKASSERIL HOUSE, PATTANAM, VADAKKEKKARA P.O., NORTH PARAVUR, ERNAKULAM DISTRICT, PIN 680 352.
BY ADVS. P.M.ABDUL JALEEL (KODUNGALLUR) A.G.VISWAMBHARAN
RESPONDENT/S:
SRI E C BINEESH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13720 OF 2021
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JUDGMENT
The petitioner states that he is the contractor who has been awarded the work of collecting toll from the Ponnani Fishing Harbour for a period of one year from 30.12.2020. Ext.P1 is the license agreement governing the terms of the arrangement. It is contended that the petitioner is entitled to collect entry fee and wharfage fee from individuals, vehicles, cycles etc. entering the harbour and also from fishing boats, country boats etc. anchored in the wharf. His grievance is that certain individuals refused to pay the toll charges approved by the Government. When amounts are demanded, they are taking the law into their hands and have even assaulted the collecting staff. Being aggrieved, the petitioner has lodged Ext.P2 complaint before the Station House Officer, Ponnani. His grievance is that no action is being taken. It is in the afore circumstances that the petitioner is before this Court seeking the following reliefs:
WP(C) NO. 13720 OF 2021
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petitioner, submits that the solitary prayer of the petitioner is for a direction to
the 2nd respondent to take up Ext.P2 complaint and take appropriate action.
impediment in considering the application.
made across the Bar, this writ petition is disposed of directing the 2nd respondent to take up Ext.P2 complaint lodged by the petitioner and take appropriate action in consonance with law, with notice to the petitioner. The needful shall be done within a period of two weeks from the date of production of a copy of this judgment.
This writ petition is disposed of.
SD/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
WP(C) NO. 13720 OF 2021 4
APPENDIX OF WP(C) 13720/2021
PETITIONER(S) EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE AGREEMENT NO 01/HED/EE/2020-21 DATED 30.12.2020 SIGNED BETWEEN THE RESPONDENT 3 AND THE PETITIONER Exhibit P2 THE TRUE COPY OF COMPLAINT GIVEN TO THE STATION HOUSE OFFICE, PONNANI BY THE PETITIONER Exhibit P3 THE TRUE COPY OF LETTER NO A1/825/EEM DATED 10.6.21 ISSUED BY THE RESPONDENT 3 TO THE PETITIONER
RESPONDENT(S) EXHIBITS : NIL
2 issues framed by the court
Whether the High Court should direct the Station House Officer to take action on a complaint lodged by a toll contractor regarding refusal to pay and assault on staff.
Whether a writ of mandamus should be issued directing the police to provide protection for the collection of toll charges.
K.M. Jalal
Superintendent of Police, Malappuram District
Station House Officer, Ponnani
Executive Engineer, Harbour Engineering Department
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
