Dismissed
India Gateway Terminal Pvt. Ltd. v. State of Kerala
Kerala HCWP(C)/28180/2020
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from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942 W.P(C) No.28180 OF 2020(V)
PETITIONER:
INDIA GATEWAY TERMINAL PVT. LTD., ADMINISTRATION BUILDING, ICTT, VALLARPADAM SEZ, ERNAKULAM-682 504 REPRESENTED BY ITS COMPANY SECRETARY, MS. SREELA C.S.
BY ADVS. SRI.E.K.NANDAKUMAR (SR.) SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM SRI.RAJA KANNAN SMT.NAYANPALLY RAMOLA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001, KERALA.
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R4-6, R8 BY ADV. SRI.PHILIP T.VARGHESE R4-6, R8 BY ADV. SRI.THOMAS T.VARGHESE R4-6, R8 BY ADV. SMT.ACHU SUBHA ABRAHAM R4-6, R8 BY ADV. SMT.V.T.LITHA R4-6, R8 BY ADV. SMT.K.R.MONISHA R4-6, R8 BY ADV. SMT.SHRUTHI SARA JACOB
R1-R3 SMT. A.C.VIDHYA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner Company, which is operating the International Container Transshipment Terminal at Vallarpadam, pursuant to an agreement with the Cochin Port Trust, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent to afford effective and adequate police protection for free ingress and egress of container trucks, customers, visitors, staff, other stakeholders, employees and vehicles to and from the International Container Transshipment Terminal at Vallarpadam. The petitioner has also sought for a writ of mandamus commanding the 2nd respondent to ensure that law and order is strictly maintained in the periphery of the International Container Transshipment Terminal at Vallarpadam, in the event of any dharna or demonstration or protest taken out under the leadership of respondents 4 to 8 or any other trade union/association or any persons acting at their behest; a writ of mandamus commanding the 2nd respondent to ensure that the trucks being operated/driven by the drivers/workmen of the members of respondents 4 to 8 are not
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unauthorisedly parked inside the petitioner's premises; and directing the 2nd respondent to ensure that no dharna or other demonstration or protest takes place within a radius of 500 meters from the entrance of the International Container Transshipment Terminal at Vallarpadam; and a writ of mandamus commanding the 2nd respondent to ensure that there is no threat to the property of the petitioner or to the life of the truck drivers, customers, visitors, other stakeholders and employees of the petitioner on account of actions/agitations by drivers/workmen of respondents 4 to 8 or any other trade union/association or anyone acting at their behest.
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"Notice before admission to the respondents. The learned Government Pleader takes notice for respondent Nos.1 and 2. Sreelal N. Warrier, the learned Standing Counsel takes notice for respondent No.3. Issue urgent notice by special messenger to respondent Nos.4 to 8.
I have considered the submissions advanced by Sri.E.K.Nandakumar, the learned Senior Counsel appearing for the petitioner.
Having gone through the records and considering the submissions advanced, there will be a direction to the 2nd respondent to initiate appropriate measures to ensure that the free ingress and egress of container trucks, officers, staff, customers, vehicles etc. To the International Container Transshipment Terminal at Vallarpadam is not obstructed by the respondents 4 to 8. The 2nd respondent shall also ensure that the respondents 4 to 8 or their members do not park vehicles inside the premises of the petitioner with a view to prevent free access to the Terminal."
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approach this Court again, in case of any obstruction or threat to law and order.
Recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, reserving the aforesaid right of the petitioner.
Sd/-
ANIL K. NARENDRAN JUDGE
bpr
India Gateway Terminal Pvt. Ltd.
State of Kerala
The Station House Officer, Mulavukad
Commissioner of Customs
Kerala Container Carrier Owners Association
Island Container Carrier Owners Welfare Association
Anil K. Narendran
As recorded by the court registry
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