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M/S.Sahyadri Ferro

High Court Of Kerala|08 December, 2014
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JUDGMENT / ORDER

Shaffique,J
This writ petition is filed seeking police protection to the petitioners and their workmen to lay electric cables along the alignment of the Aluva-Munnar PWD road between chainage 6/1000 and 8/1000 without any obstruction from respondents 5 to 10 and their men.
2. Though notice was served on respondents 5 to 10, there is no appearance.
3. 1st petitioner is a company. 2nd petitioner is its Managing Director. Company is engaged in the business of iron melting and has put up a unit at industrial area, Edathala. In order to start commercial production, the petitioners obtained allocation of 3 MVA power from the Kerala State Electricity Board. However, since the petitioners' factory is located at a distance of 1.8 Kms from the KSEB Sub Station, line has to be drawn to the factory along the Aluva-Munnar road. For that purpose, permission was obtained from the Executive Engineer, Roads Division, Public Works Department and also from the statutory authorities. But, when the petitioners proceeded to carry on the work, it was obstructed by the party respondents. Hence they have approached this Court.
4. During the pendency of this writ petition, an interim order was issued by this Court on 06/03/2014. In the meantime, since the time granted by PWD had expired, the petitioner had applied afresh for the same. Along with I.A.No.16647/2014, petitioner has produced Exts.P9 order issued by the Executive Engineer, PWD Roads & Bridges Division extending the time upto 31/12/2014. Orders had been issued by the District Collector on that basis, as per order dated 15/11/2014, permitting the petitioners to carry on cutting of the road for the purpose of laying the cable.
5. Having regard to the aforesaid subsequent events as mentioned in Exts.P9 and P10, it is clear that the petitioners have all the permission to do the cable laying work for the unit from the Sub Station. Party respondents 5 to 10 cannot obstruct the laying of electric cables by the petitioners as the petitioners have already obtained necessary permission. If there is any such obstruction, police is bound to ensure that no law and order situation is created. Under such circumstances, this writ petition is disposed of as under:
Respondents 2 to 4 shall ensure that no obstruction is being caused by party respondents 5 to 10 or their men in the matter of laying cable by the petitioner from the Sub Station to their unit.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr
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Title

M/S.Sahyadri Ferro

Court

High Court Of Kerala

JudgmentDate
08 December, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri Devan Ramachandran
  • Sri
  • K M Aneesh Sri
  • S Nikhil
  • Sankar Sri Adarsh
  • Kumar