IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1177 of 2011(V)
1. N.T.SEBASTIAN, NAMATTATHIL HOUSE,
... Petitioner
Vs
1. DEPUTY SUPERINTENDENT OF POLICE,
... Respondent
2. S.I.OF POLICE MUNNAR,
3. C.NELSON, S/O.CHELLADURAI,
4. HYER UNNIZA, PANCHAYATHU MEMBER WARD X,
For Petitioner :SRI.T.J.MICHAEL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :20/01/2011
O R D E R
R. BASANT &
K. SURENDRA MOHAN, JJ.
-------------------------------------------------
W.P.(C) No. 1177 of 2011-V
-------------------------------------------------
Dated this the 20th day of January, 2011
JUDGMENT
Basant,J.
The petitioner has come to this Court with this petition for
issue of directions under Art.226 of the Constitution to
respondents 1 and 2 to provide police protection to the petitioner
to enable him to remove one transformer which, the petitioner,
an electrical contractor, was entrusted by the ICSA (INDIA)
Ltd., Hyderabad. The petitioner is a contractor who had
undertaken the work of installing a transformer. In connection
with that, two transformers were entrusted to the petitioner.
The petitioner had taken them to the site. One of the
transformers has been installed. The other is to be taken away
from the locality and returned by the petitioner to M/s. ICSA
(INDIA) Ltd. The petitioner has finished his work. One of the
W.P.(C) No. 1177 of 2011 -: 2 :-
transformers has been installed. The other had to be removed.
While so, some local people of which respondents 3 to 5 are
named are attempting to forcibly obstruct the petitioner from
removing the transformer. Complaint made to the police did not
evoke any response and it is, in these circumstances, that the
petitioner has chosen to come to this Court with this writ
petition.
2. This petition was admitted. The learned Government
Pleader appears for respondents 1 and 2. Respondents 3 and 5
have been served; but there is no appearance for them.
Respondent No.4 has not been served. Notice issued to him is
returned with an endorsement that no such addressee is residing
in that address. The learned counsel for the petitioner, in these
circumstances, submits that the 4th respondent can now be
deleted from the array of parties. Three persons have been
named as respondents 3 to 5 to the best of the knowledge of the
petitioner now. Inasmuch as 4th respondent’s notice is returned
unserved, it is not necessary to wait for issue of notice to the 4th
respondent, it is submitted. The 4th respondent is thus deleted
from the array of parties.
3. The learned Government Pleader, after taking
instructions from respondents 1 and 2, submits that on enquiry
W.P.(C) No. 1177 of 2011 -: 3 :-
the police is satisfied about the legitimacy of the claim of the
petitioner. The transformer has been entrusted to the petitioner
as sub-contractor. The electrical contractor i.e., ICSA (INDIA)
Ltd., Hyderabad, wants the petitioner to return the transformer.
The learned Government Pleader submits that respondents 1 and
2 have instructed the learned Government Pleader that the local
people have no semblance of any right to object to the removal of
the transformer from the site where it was brought. It is not
necessary for drawing electrical connection. In these
circumstances, respondents 1 and 2 are willing to provide the
requisite police protection for the petitioner, it is submitted.
4. We do entertain an apprehension as to whether three
convenient persons have been arrayed as respondents by the
petitioner as respondents 3 and 5 have not chosen to enter
appearance and resist the prayer. It is, in these circumstances,
that we heavily relied on the submission of the learned
Government Pleader about the stand of respondents 1 and 2.
They are supposed to be the responsible police officials who can
enlighten the court about the real nature of the dispute.
5. This writ petition is, in these circumstances, allowed.
Respondents 1 and 2 are directed to afford police protection to
the petitioner to remove the transformer which was brought by
W.P.(C) No. 1177 of 2011 -: 4 :-
him to the scene and which has not been used in connection with
the work.
Sd/-
R. BASANT
(Judge)
Sd/-
K. SURENDRA MOHAN
(Judge)
Nan/
//true copy//
P.S. to Judge