IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1325 of 2011(M)
1. DARSHAN GRANITES (P) LTD.,
... Petitioner
2. PYRAMID GRANITES (P) LTD.,
Vs
1. DEPUTY SUPERINTENDENT OF POLICE,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. SUB INSPECTOR OF POLICE,
4. KALANJOOR GRAMA PANCHAYATH,
5. DAMODARAN,
6. PRABHAKARAN NAIR,
7. MERCY, KUTTIYIL, MURINJAKAL,
For Petitioner :SRI.MANOJ RAMASWAMY
For Respondent :SRI.VIJAYAN. K.U.
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :28/01/2011
O R D E R
R.BASANT & K.SURENDRA MOHAN, JJ.
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W.P.(Civil) No.1325 of 2011
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Dated this the 28th day of January, 2011
Judgment
Basant, J.
The petitioners are crusher operators and according to
them, they are carrying on their business activity in due
compliance of all the provisions of law. The raw materials are to
be carried to the units and the products have to be removed from
the units. This has been done in vehicles. The condition of the
local road is not satisfactory. It is a P.W.D. road. The local people
led by respondents 5 to 7 are causing illegal obstruction to the
movement of the petitioners vehicles through the road. This,
according to them, creates difficulties. They are unable to
transact their business. Complaints before the police have not
evoked any useful response. It is, in these circumstances, that
the petitioners have come to this court. According to the
petitioners, they had earlier contributed to the repair and
improvement of the road. They are willing to co-operate with the
authorities to further improve the road. But, at any rate, because
WPC 1325/2011 2
the condition of the road is bad, the petitioners alone cannot be
discriminated and barred from using the road by people of the
locality without any legal authority. It is in these circumstances
prayed that appropriate directions may be issued.
2. Respondents 5 to 7 have entered appearance. They deny
all allegations of malafide against them. According to them, it is a
genuine case of the local public raising objection to the
movement of the petitioners vehicles through the public road
which leads to damage and deterioration of the roads. Because of
the damage and deterioration of the roads, vehicular traffic
through the road has practically become impossible. Passenger
vehicles are not being plied along the road. Vehicles belonging to
the petitioners alone are moving along the road leading to further
damage and deterioration of the road. In these circumstances,
the local people are only peacefully demonstrating against the
possibility of further damage and deterioration of the road and
highlighting the need to repair and improve the road, contends
the learned counsel.
3. The learned Government Pleader submits that according
to respondents 1 to 3, the condition of the road is bad. It
WPC 1325/2011 3
deserves to be repaired and improved. But respondents 5 to 7
cannot be permitted to take law into their hands and prevent the
operation of the petitioners vehicles. Needful shall be done if
there is any illegal obstruction to the movement of vehicles,
submits the learned Government Pleader.
4. We have considered all the relevant inputs. The right of
respondents 5 to 7 to peacefully demonstrate and lead an
agitation for the proper improvement and maintenance of the
road cannot be disputed. At the same time, they cannot be
permitted to take law into their hands and obstruct traffic along
the road in their discretion. We accept the submission of the
learned Government Pleader on behalf of respondents 1 to 3 that
necessary action shall be taken to abate any such unlawful
objection.
5. We should think that ideally the authorities concerned
must immediately take action to repair and improve the road. If
the same is not immediately possible, for a limited period of time,
barring heavy vehicular traffic through the road can be
considered in accordance with law. At any rate, the members of
the local public cannot be permitted to illegally obstruct
WPC 1325/2011 4
movement of the vehicles along with the public road. We accept
the submissions of the learned Government Pleader that
necessary police protection shall be afforded for movement of the
vehicles belonging to the petitioners. No further orders are
necessary in this petition in the light of the stand taken by the
learned Government Pleader.
6. This petition is accordingly allowed to the above extent.
R.BASANT, JUDGE.
K.SURENDRA MOHAN, JUDGE.
srd WPC 1325/2011 5 WPC 1325/2011 6