W.P.(C) Nos.785, 1430, 1756, 1902 & 3760 of 2021 (Geso George N. v. State of Kerala and others) and connected matters

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942** ## **W.P.(C)No.785 OF 2021(W)** ## **PETITIONER:** **GESO GEORGE.N, AGED 36 YEARS** **PROPRIETOR, CENTRAL ENGINEERING CO, NELLISSERY HOUSE, CHITTISSERY P.O., THRISSUR DISTRICT, PIN680001.** **BY ADVS. SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SHRI.MEERA M.** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE SECRETARY, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **3 DISTRICT POLICE CHIEF, OFFICE OF DISTRICT POLICE CHIEF, PUDUPALLITHERUVU, NURANI, PALAKKAD-678001.** - **4 THE STATION HOUSE OFFICER, KOLLENGODE POLICE STATION, PUDUNAGARAM KOLLENGODE RD, PAYYALLUR, KOLLENGODE, PALAKKAD-678506.** - **5 THE STATION HOUSE OFFICER, KOZHINJAMPARA POLICE STATION, KOZHINJAMPARA, PALAKKAD-678555.** - **6 THE STATION HOUSE OFFICER, HEMAMBIKA NAGAR POLICE STATION, ATHIRA NAGAR, PUTHUPPARIYARAM, PALAKKAD-678009.** 2 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 - **7 KERALA STATE CIVIL SUPPLIES COOPERATION LTD. (SUPPLYCO),** - **REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020.** - **8 DEPOT MANAGER, SUPPLYCO DEPOT, KALMANDAPAM, PALAKKAD-678013.** - **9 THE SECRETARY, AUTO, TAXI, TEMPO-DRIVERS UNION (CITU), REG.NO.09.05.2000, STATE WARE HOUSE UNIT, MUTHALAMADA, PALAKKAD-678507.** - **10 ADDL.R10. THE TRANSPORT COMMISSIONER TRANSPORT COMMISSIONERATE, TRANS TOWER, VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695 014.** **(ADDL.R10 IS SUO MOTU IMPLEADED AS PER ORDER DATED 15.01.2021 IN WP(C)NO.785/2021.)** - **11 ADDL.R11. PALAKKAD DISTRICT LORRY EMPLOYEES CONGRESS (INTUC), REPRESENTED BY ITS SECRETARY ABDUL AZEEZ K.A., S/O.ASSANAR HAJI, AGED 44 YEARS, ROOM NO.14, M.C.BUILDINGS, 28/180, CIVIL STATION ROAD, PALAKKAD DISTRICT, KERALA STATE, PIN - 678 001.** **(RESIDING AT KANJIRAKODE HOUSE, KODUNTHIRAPULLI P.O., PALAKKAD - 678 004.)** **(ADDL.R11 IS IMPLEADED AS PER ORDER DATED 1/2/2021 IN I.A.NO.1/2021 IN WP(C)785/2021.)** **R7-8 BY SMT.MOLLY JACOB,SC,SUPPLYCO R9 BY ADV. SRI.S.KRISHNA MOORTHY(ERNAKULAM) R11 BY ADV. T.C.SURESH MENON** **R11 BY ADV. SRI.P.S.APPU** **SRI SUNIL NATH N.B- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2021, ALONG WITH WP(C).1430/2021(C), WP(C).1756/2021(T), WP(C).1902/2021(K), WP(C).3760/2021(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942** **W.P(C)No.1430 OF 2021(C)** ## **PETITIONER:** **A.V.RASIYA, AGED 51 YEARS PROPRIETOR, AVR TRANSPORT, DOOR NO.30/285, DHOTTAPANKULAM, SULTHAN BATHERY, WAYANAD-673592.** **BY ADV. K.V.GOPINATHAN NAIR** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**2**|**KERALA STATE CIVIL SUPPLIES CORPORATION**| ||**(SUPPLYCO),**| ||**REPRESENTED BY THE MANAGING DIRECTOR, MAVELI**| ||**BHAVAN, GANDHI NAGAR, KOCHI-682020.**| |**3**|**DEPOT MANAGER,**| ||**SUPPLYCO DEPOT, SULTHAN BATHERY, WAYANAD, PIN-**| ||**673592.**| |**4**|**STATION HOUSE OFFICER,**| ||**MEENANGADY POLICE STATION, MEENANGADY, PIN-**| ||**673591.**| |**5**|**DISTRICT POLICE CHIEF,**| ||**WAYANAD DISTRICT, KALPETTA, PIN-673121.**| |**6**|**ABBAS,**| ||**EXECUTIVE MEMBER, CITU UNION OFFICE, MEENANGADY-**| ||**673591.**| 4 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 - **7 JEETHU,** **KOLATHODU HOUSE, BEENACHI (POSSESSOR OF GOODS VEHICLE KL-12/G 6180) MEENANGADI, PIN-673592.** **8 MOHANAN, KOLATHODU HOUSE, BEENACHI (POSSESSOR OF GOODS VEHICLE KL-12/C 8234) MEENANGADI, PIN-673592.** **R2-3 BY SMT.MOLLY JACOB,SC,SUPPLYCO R6-8 BY ADV. SRI.ASOK M.CHERIAN R6-8 BY ADV. SRI.N.SATHEESH R6-8 BY ADV. SRI.K.JANARDHANA SHENOY SRI SUNIL NATH N.B- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2021, ALONG WITH WP(C).785/2021(W), WP(C).1756/2021(T), WP(C).1902/2021(K), WP(C).3760/2021(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 5 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942** ## **W.P.(C)No.1756 OF 2021(T)** ## **PETITIONER:** **K.P.SHAMEEM AGED 40 YEARS S/O MUHAMMED, KODUVAPARAMBAN HOUSE, A R NAGAR. P O, MALAPPURAM DISTRICT, PIN-676305.** **BY ADVS. SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SMT.SURABHI SANTHOSH SHRI.BIJU VIGNESWAR SHRI.MEERA M.** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**2**|**THE SECRETARY**| ||**DEPARTMENT OF FOOD AND CIVIL SUPPLIES,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**3**|**DISTRICT POLICE CHIEF**| ||**OFFICE OF THE DISTRICT POLICE CHIEF, PAVAMANI**| ||**ROAD, TAZHEKKOD, KOZHIKODE-673001.**| |**4**|**THE STATION HOUSE OFFICER**| ||**BEYPORE POLICE STATION,**| ||**PORT ROAD BEYPORE, KOZHIKODE-673015.**| 6 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 - **5 THE STATION HOUSE OFFICER VELLAYIL POLICE STATION, BEACH ROAD, WESTHILL, KOZHIKODE-673005.** - **6 THE STATION HOUSE OFFICER ATHOLI POLICE STATION, STATE HIGH WAY 38, ATHOLI673315.** - **7 THE STATION HOUSE OFFICER KODUVALLY POLICE STATION, PUTHUR, KODUVALLY, KOZHIKODE-673572.** - **8 KERALA STATE CIVIL SUPPLIES CORPORATION LTD, (SUPPLYCO), REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020.** - **9 DEPOT MANAGER SUPPLYCO DEPOT, BEYPORE, NORTH, KOZHIKODE-673015.** - **10 DEPOT MANAGER SUPPLYCO DEPOT, KODUVALLY, PALAKKUTTI, KOZHIKODE673572.** - **11 THE CONVENER NFSA TRANSPORT, LOADING UNLOADING, DISTRIBUTION LABOUR UNION CO-ORDINATION COMMITTEE, KOZHIKODE-678507.** **R8-10 BY SMT.MOLLY JACOB,SC,SUPPLYCO R11 BY ADV. SRI.T.G.RAJENDRAN R11 BY ADV. SRI.T.R.TARIN SRI SUNIL NATH N.B- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2021, ALONG WITH WP(C).785/2021(W), WP(C).1430/2021(C), WP(C).1902/2021(K), WP(C).3760/2021(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 7 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942** ## **W.P.(C)No.1902 OF 2021(K)** ## **PETITIONER:** **GESO GEORGE N. AGED 36 YEARS PROPRIETOR, CENTRAL ENGINEER CO., S/O. N.J. GEORGE, NELLISSERY HOUSE, CHITTISSERY P.O., THRISSUR DISTRICT-680001.** **BY ADVS. SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SMT.SURABHI SANTHOSH SHRI.BIJU VIGNESWAR SHRI.MEERA M.** ## **RESPONDENTS:** |**1**|**STATE OF KERALA,**| |---|---| ||**REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**2**|**THE SECRETARY,**| ||**DEPARTMENT OF FOOD AND CIVIL SUPPLIES,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695001.**| |**3**|**DISTRICT POLICE CHIEF,**| ||**OFFICE OF DISTRICT POLICE CHIEF,**| ||**PUDUPALLITHERUVU, NURANI, PALAKKAD-678001**| |**4**|**THE STATION HOUSE OFFICER,**| ||**KOLLENGODE POLICE STATION, PUDUNGARAM KOLLENGODE**| ||**ROAD, PAYYALLUR, KOLLENGODE, PALAKKAD-678506.**| 8 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 - **5 THE STATION HOUSE OFFICER, KOZHINJAMPARA POLICE STATION, KOZHINJAMPARA, PALAKKAD-678555.** - **6 THE STATION HOUSE OFFICER, HEMAMBIKA NAGAR POLICE STATION, ATHIRA NAGAR, PUTHUPPARIYARAM, PALAKKAD-678009.** - **7 KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED (SUPPLYCO), REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682020.** - **8 DEPOT MANAGER, SUPPLYCO DEPOT, KALMANDAPAM, PALAKKAD-678013.** - **9 THE AREA MANAGER, FCI-OLAVAKKOD, PUTHUPPARIYARAM, PALAKKAD-678009.** - **10 THE SECRETARY, (SUBSTITUTED) LORRY OPERATORS AND WORKERS ASSOCIATION (INTUC), NEAR FCI GODOWN, OLAVAKKOD, PALAKKAD-678002. SUBSTITUTING THE CORRECT ADDRESS R10. THE SECRETARY, PALAKKAD, DISTRICT LORRY EMPLOYEES CONGRESS(INTUC), REG.NO.09-40F 1991, FCI UNIT, OLAVAKKOD-678002.** - **11 THE SECRETARY, (SUBSTITUTED) LORRY OWNERS AND WORKERS UNION (CTUC), NEAR FCI GODOWN, OLAVAKKOD, PALAKKAD-678002. SUBSTITUTING THE CORRECT ADDRESS** - **R.11. THE SECRETARY, DISTRICT MOTOR TRANSPORT EMPLOYEES UNION(CITU), LORRY DIVISION COMMITTEE OFFICE, C, 6/393, FCI UNTI, OLAVAKKOD-678002.** 9 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 **12 THE SECRETARY,(SUBSTITUTED) FCI LORRY BROKER'S UNION, PUTHUPPARIYARAM, PALAKKAD-678009. SUBSTITUTING THE CORRECT ADDRESS** **R.12. THE SECRETARY, PALAKKAD DISTRICT LORRY BROKER'S UNION(CITU), REG. NO. 09-10/92, INDUSTRIAL ESTATE, FCI UNIT, OLAVAKKOD-678002. (CAUSE TITLE OF WP(C) IS AMENDED BY SUBSTITUTING THE CORRECT ADDRESS OF RESPONDENTS 10,11 AND 12 AS PER ORDER DATED 29-01-2021 IN IA 1/2021.** **R7 BY SMT.MOLLY JACOB,SC,SUPPLYCO R9 BY ADV. SMT.RADHIKA P.GOPINATH R10 BY ADV. SRI.T.C.SURESH MENON R10 BY ADV. SRI.P.S.APPU R12 BY ADV. SRI.T.B.HOOD R12 BY ADV. SMT.M.ISHA R12 BY ADV. SRI.AMAL KASHA SRI SUNIL NATH N.B- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2021, ALONG WITH WP(C).785/2021(W), WP(C).1430/2021(C), WP(C).1756/2021(T), WP(C).3760/2021(T), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 10 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942** ## **W.P.(C)No.3760 OF 2021(T)** ## **PETITIONER:** **PRAVEEN.K AGED 35 YEARS S/O. RAMACHANDRAN.N.,KALIYATTU PARAMBIL HOUSE, PAVUKKONAM P.O., VANIYAMKULAM, PALAKKAD-679 522** **BY ADVS. SRI.RENJITH B.MARAR SMT.LAKSHMI.N.KAIMAL SHRI.ARUN POOMULLI SMT.SURABHI SANTHOSH SHRI.BIJU VIGNESWAR SHRI.MEERA M.** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME,**| ||**SECRETARIAT, THIRUVANANTHAPURAM-695 001**| |**2**|**THE SECRETARY,**| ||**DEPARTMENT OF FOOD AND CIVIL**| ||**SUPPLIES,SECRETARIAT, THIRUVANANTHAPURAM-695 001**| |**3**|**DISTRICT POLICE CHIEF,**| ||**OFFICE OF DISTRICT POLICE CHIEF, PUDUPALLI**| ||**THERUVU, NURANI, PALAKKAD-678 001**| |**4**|**THE STATION HOUSE OFFICER,**| ||**PATTAMBI POLICE STATION, PALAKKAD-679 303**| 11 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 - **5 THE STATION HOUSE OFFICER, KOPPAM POLICE STATION, KOPPAM POLICE STATION, PALAKKAD-679 303** - **6 THE STATION HOUSE OFFICER, CHALISSERY POLICE STATION, KALLUMPURAM RD, PALAKKAD-679 536** - **7 KERALA STATE CIVIL SUPPLIES COOPERATION LTD (SUPPLYCO)** - **REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, GANDHINAGAR, KOCHI-682 020** - **8 DEPOT MANAGER, SUPPLYCO DEPOT, OTTAPPALAM, PALAKKAD-679 521** - **9 THE SECRETARY, TEMP AND TAXI UNION (CITU), PATTAMBI TALUK, PALAKKAD-679 303** **SRI SUNIL NATH N.B- GOVERNMENT PLEADER** **BY SMT.MOLLY JACOB,SC,SUPPLYCO FOR R7 AND R8** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2021, ALONG WITH WP(C).785/2021(W), WP(C).1430/2021(C), WP(C).1756/2021(T), WP(C).1902/2021(K), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 12 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **JUDGMENT** Since common issues are raised in these writ petitions filed by the contractors of the Kerala State Civil Supplies Corporation Limited (for brevity, 'SUPPLYCO') the writ petitions are heard together and are being disposed of by this common judgment, treating W.P.(C)No.785 of 2021 as a leading case. 2. W.P.(C)No.785 of 2021:- The petitioner, who is the proprietor of M/s.Central Engineering Co., a proprietorship concern, engaged in transporting business, which had entered into Ext.P4 agreement dated 01.01.2021 with the 8[th] respondent Depot Manager of SUPPLYCO at Kalamandalam, for lifting of ration articles from source godowns (FCI Depot/CMR godown) to intermediary godowns (Taluk Depots) and therefrom to the Fair Price Shops notified by SUPPLYCO, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 3 to 6 to grant adequate protection to the life and property of the petitioner and his employees for transportation of ration articles as per Ext.P4 contract dated 01.01.2021 entered into with the 8[th] respondent Depot Manager, from various source godowns to intermediary 13 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 godowns and therefrom to the Fair Price Shops notified by SUPPLYCO, in Palakkad and Chittur Taluk in Palakkad District. The petitioner has also sought for a declaration that the 9[th] respondent, who is the Secretary of Auto/Taxi/Tempo unions (CITU), State Warehouse Unit, Muthalamada or the members of that Union do not have any right or authority to meddle with the transportation contract granted to the petitioner as per Ext.P4 contract. 2.1. On 13.01.2021, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 6. The learned Standing Counsel took notice on admission for respondents 7 and 8. Urgent notice on admission by special messenger was ordered to the 9[th] respondent, returnable by 15.01.2021. The learned counsel for the petitioner submitted that the petitioner is seeking police protection for transportation of goods in the vehicles shown in Annexure-B of Ext.P4 contract. It was noticed that as per clause 19 of the tender conditions in Ext.P1 tender notice dated 15.07.2020 and condition No.16 in Ext.P4 agreement dated 01.01.2021, the vehicles used for transportation shall display a sticker having the caption 'ON SUPPLYCO DUTY' prominently exhibited in front and both sides of 14 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 the vehicles, as per the format prescribed by the 7[th] respondent. Such vehicles shall not be used for any other purpose on the date on which these vehicles are used for SUPPLYCO duty. This Court also noticed that transport vehicles are seen on public road carrying the caption 'Government Vehicle' on the front and rear and some of those vehicles are having the caption 'SUPPLYCO' on either side. The learned Standing Counsel sought time to get instructions from the 7[th] respondent. The learned Government Pleader was directed to get instructions from respondents 1 and 2 on the above aspect and also to get instructions from respondents 4 to 6 Station House Officers on the relief for police protection sought for in this writ petition. 2.2. On 15.01.2021, when this writ petition came up for consideration, Pursuant to the order of this Court dated 13.01.2021, Sri.P.Santhosh Kumar, the learned Special Government Pleader, entered appearance and made submissions. The Transport Commissioner, Kerala was suo motu impleaded as additional 10[th] respondent. The learned Special Government Pleader took notice on admission for the additional 10[th] respondent, who was directed to file a statement of the additional 15 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 10[th] respondent, in terms of the order of this Court dated 13.01.2021 (Paras.3 and 4), within ten days. By the order dated 15.01.2021, this Court directed respondents 4 to 6 to take necessary steps to ensure that there is no obstruction whatsoever for the transportation of ration articles by the petitioner on the strength of Ext.P4 contract, in the goods vehicles in Annexure B list, at the instance of the 9[th] respondent and the members of his Union. Respondents 4 to 6 were directed further to ensure that there is no threat to law and order within their respective jurisdiction, at the instance of the 9[th] respondent and the members of his Union. Paragraphs 6 to 11 of the order dated 15.01.2021 read thus; “6. The learned counsel for the petitioner would submit that on the strength of Ext.P4 contract with the 8[th] respondent Depot Manager, Supplyco Depot, Kalmandapam, the petitioner is entitled to transport ration articles from various godowns/FCI Depots, etc. to the destination godowns of Supplyco Taluk PDS Depots/Fair Price Shops in Palakkad and Chittur Taluk in Palakkad District in the goods vehicles in Annexure-B list, which forms part of Ext.P4 contract. The 9[th] respondent or the members of his union have no legal right or authority to meddle with the transportation of ration articles from source godowns to destination godowns, undertaken by the 16 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## petitioner on the strength of Ext.P4 contract. 7. The learned Government Pleader, on instructions from respondents 4 and 5, would point out that at present, there is no law and order problems within the area of Kollengode Police Station and Kozhinjampara Police Station. The 6[th] respondent Station House Officer Hemambika Nagar Police Station is yet to receive a representation by the petitioner seeking police protection. 8. The learned Standing Counsel for respondents 7 and 8 would point out that any obstruction by the 9[th] respondent and the members of his union in the transportation of ration articles from source godowns to destination godowns, undertaken on the strength of Ext.P4 contract, will adversely affect timely distribution of ration articles within Palakkad and Chittur Taluks. The learned Standing Counsel would also submit that a statement on behalf of the 7[th] respondent shall be placed on record within ten days in terms of the order of this Court dated 13.01.2021 (Paras.3 and 4). The learned Standing Counsel would point out that in paragraph 9 of the judgment dated 17.11.2020 in W.P.(C) No.11393 of 2020, this Court has taken note of the instructions issued by the 8[th] respondent regarding exhibition of sticker on vehicles carrying ration articles. 9. The learned counsel for the 9[th] respondent would point out that the members of Auto, Taxi, Tempo-Drivers Union (CITU) are having their own vehicles, which are being utilised by the contractors engaged by the 8[th] respondent for transportation of ration articles from the FCI 17 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 Depot at Kalmandapam to destination godowns in Palakkad District. Since the petitioner and other contractors are using their own vehicles or vehicles taken on lease, the livelihood of the members of the union, represented by the 9[th] respondent is adversely affected. The learned counsel would submit that the counter affidavit of the 9[th] respondent shall be placed on record within a week. 10. Having considered the submissions made by the learned counsel on both sides, this Court finds that the petitioner is undertaking transportation of ration articles from the Supplyco Depot at Kalmandapam to various destination godowns, etc., on the strength of Ext.P4 contract, in goods vehicles included in Annexure-B list, which forms part of that contract. Some of those vehicles are owned by the petitioner and some of those vehicles are taken on lease. Since the 8[th] respondent has to ensure timely distribution of ration articles to destination godowns, Taluk PDS Depots, Fair Price Shops in Palakkad District, it is for the concerned Station House Officer to take necessary steps to ensure that the 9[th] respondent or the members of his union are not causing any obstruction whatsoever to transportation of ration articles on the strength of Ext.P4 contract. 11. In such circumstances, there will be an interim order as follows; i) Respondents 4 to 6 shall take necessary steps to ensure that there is no obstruction whatsoever to transportation of ration articles by the petitioner on the strength of Ext.P4 contract, in the goods vehicles in Annexure B list, which forms part of that 18 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 agreement, at the instance of the 9[th] respondent and members of his union. ii) Respondents 4 to 6 shall also ensure that there is no threat to law and order within their respective jurisdiction, at the instance of the 9[th] respondent and the members of his union.” 2.3. On 05.02.2021, when this writ petition came up for further consideration along with connected matters, pursuant to the order of this Court dated 13.01.2021, the learned Special Government Pleader, on instructions from the additional 10[th] respondent Transport Commissioner, submitted that the 7[th] respondent has no authority to permit display of sticker having the caption “ON SUPPLYCO DUTY” on the vehicles used by the contractors for transporting ration articles. While ordering the writ petitions to be listed on 16.02.2021, this Court made it clear that the interim order granted in the writ petitions will not extent to any vehicles used by the petitioners other than those included in Annexure B list, which forms part of the respective contract. 2.4. The 9[th] respondent has filed counter affidavit, opposing the reliefs sought for in this writ petition. The additional 11[th] respondent Palakkad District Lorry Employees Congress (INTUC), represented by its Secretary has also filed counter affidavit. The 19 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 petitioner has filed reply affidavit. A statement on behalf of the 7[th] respondent has been filed through the learned Standing Counsel. 3. W.P.(C)No.1430 of 2021:- The petitioner, who is the proprietor of AVR Transport, which has entered into Ext.P2 contract with the 3[rd] respondent Depot Manager of SUPPLYCO at Sulthan Batheri, for lifting of ration articles from source godowns (FCI Depot/CMR godown) to intermediary godowns (Taluk Depots) and therefrom to the Fair Price Shops notified by SUPPLYCO, has filed this writ petition, seeking a declaration that respondents 6 to 8 and their supporters have absolutely no right or authority to interfere in the loading and transportation of ration articles by the petitioner in accordance with the terms and conditions, using her vehicles, as allowed as per Ext.P2 contract. The 6[th] respondent is the Executive Member of CITU, Meenangadi. The 7[th] and 8[th] respondents are the possessors of goods vehicles bearing registration Nos.KL-12/G6180 and KL-12/C-8234, respectively. The petitioner has also sought for a writ of mandamus commanding respondents 4 and 5 to afford necessary and adequate police protection for loading and transportation of ration articles from FCI Depot, Meenangady to SUPPLYCO depot, Suthan Bathery in the vehicles mentioned in the 20 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 schedule B of Ext.P2 contract, removing the illegal and unauthorised obstruction causing by respondents 6 to 8 and their supporters forthwith, in the interest of justice. 3.1. On 19.01.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1, 4 and 5. The learned Standing Counsel took notice on admission for respondents 2 and 3. Urgent notice on admission by special messenger was ordered to respondents 6 to 8, returnable by 21.01.2021. The learned Government Pleader and the learned Standing Counsel for respondents 2 and 3 were directed to get instructions. 3.2. On 21.01.2021, when this writ petition came up for consideration, this Court passed an interim order and paragraph 8 of that order reads thus; “8. In such circumstances, there will be an interim order as follows; i). The 4[th] respondent shall take necessary steps to ensure that there is no obstruction whatsoever to transportation of ration articles from Meenangadi FCI depot to Sulthan Bathery depot of the 2[nd] respondent Corporation, by the petitioner, on the strength of Ext.P2 contract, in the goods vehicles in Annexure B list, at the instance of respondents 6 to 8 and the 21 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 members of the union. ii). The 4[th] respondent shall also ensure that there is no threat to law and order within his jurisdiction, at the instance of respondents 6 to 8 and the members of the union.” 3.3. Respondents 6 to 8 have filed counter affidavit, opposing the reliefs sought for in this writ petition. The petitioner has filed reply affidavit. 4. W.P.(C)No.1756 of 2021:- The petitioner, who has entered into Ext.P5 contract dated 01.01.2021 with the 9[th] respondent Depot Manager of SUPPLYCO at Beypore North and Ext.P6 contract dated 01.01.2021 with the 10[th] respondent Depot Manager at Koduvally of SUPPLYCO for lifting of ration articles from source godowns (FCI Depot/CMR godown) to intermediary godowns (Taluk Depots) and therefrom to the Fair Price Shops notified by SUPPLYCO, has filed this writ petition, seeking a writ of mandamus commanding respondents 3 to 7 to grant adequate protection to the life and property of the petitioner and his employees for the conduct of the transportation of the goods as per Exts.P5 and P6 contracts from various source godowns/sites of FCI Depots/CMR godowns/SUPPLYCO PDS Depot to destination godowns SUPPLYCO Taluk PDS Depots/Fair Price Shops in 22 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 Kozhikode and Thamarassery Taluk in Kozhikode District from the 11[th] respondent, who is the Convenor of NFSA Transport, Loading, Unloading, Distribution Labour Union and the members of his Union or any one claiming through them including their men. The petitioner has also sought for a declaration that the 11[th] respondent or the members of his Union do not have any right or authority to meddle with the transportation contract granted to the petitioner vide Exts.P5 and P6 contracts. 4.1. On 22.01.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 to 7. The learned Standing Counsel took notice on admission for respondents 8 to 10. Urgent notice on admission by special messenger was ordered to the 11[th] respondent, returnable by 25.01.2021. 4.2. On 27.01.2021, when this writ petition came up for consideration, this Court granted an interim order directing respondents 4 to 7 to take necessary steps to ensure that there is no obstruction whatsoever to the transportation of ration articles by the petitioner on the strength of Exts.P5 and P6 contracts in goods vehicles in Annexure B list, which forms part of the 23 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 respective agreements, at the instance of the 11[th] respondent and the members of his union. Respondents 4 to 7 were directed to ensure that there is no threat to law and order in their respective jurisdiction, at the instance of the 11[th] respondent and the members of his union. 4.3. On 05.02.2021, when this writ petition came up for further consideration along with the connected matters, this Court has made it clear that the interim order granted in the writ petitions will not extend to any vehicle used by the petitioners other than those included in Annexure B list, which forms part of the respective contract. 4.4. A counter affidavit has been filed by the 11[th] respondent, opposing the reliefs sought for in this writ petition. The petitioner has also filed reply affidavit. 5. W.P.(C)No.1902 of 2021:- The petitioner, who is the proprietor of M/s.Central Engineering Co., who has already filed W.P.(C)No.785 of 2021 against the Auto, Taxi, Tempo Drivers Union (CITU), Muthalamada and obtained an interim order for police protection dated 15.01.2021, has filed this writ petition, seeking police protection against the members of Palakkad District 24 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 Lorry Employees Congress (INTUC), FCI Unit, Olavakkod, the District Motor Transport Employees Union (CITU), FCI Unit, Olavakkod and Palakkad District Lorry Brokers Union (CITU), FCI Unit, Olavakkod. The document marked as Ext.P4 is the contract dated 01.01.2021 executed with the 8[th] respondent Depot Manager of SUPPLYCO at Kalmandapam, which is Ext.P4 in W.P.(C)No.785 of 2021. The petitioner has sought for a writ of mandamus commanding respondents 3 to 6 to grant adequate protection to the life and property of the petitioner and his employees for the conduct of the transportation of the goods as per Ext.P4 contract from various source godowns/sites of FCI depots/CMR godowns/SUPPLYCO PDS Depot to destination godowns SUPPLYCO Taluk PDS Depots/Fair Price Shops in Palakkad and Chittur Taluk in Palakkad District from respondents 10 to 12 and the members of their Unions and men or anyone claiming through them. The petitioner has also sought for a declaration that respondents 10 to 12 or the members of their Unions do not have any right or authority to meddle with the transportation contract granted to the petitioner vide Ext.P4 contract. 5.1. On 25.01.2021, when this writ petition came up for 25 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 admission, the learned Government Pleader took notice on admission for respondents 1 to 6. The learned Standing Counsel took notice on admission for respondents 7 and 8. The petitioner was directed to serve a copy of the writ petition to the learned Standing Counsel for FCI, for the 9[th] respondent. Urgent notice on admission by special messenger was ordered to respondents 10 to 12, returnable by 27.01.2021. The learned Government Pleader was directed to get instructions. 5.2. On 02.02.2021, when this writ petition came up for consideration, this Court granted an interim order directing respondents 4 to 6 to take necessary steps to ensure that there is no obstruction whatsoever to transportation of ration articles by the petitioner on the strength of Ext.P4 contract, in the goods vehicles in Annexure B list, which forms part of that agreement, at the instance of respondents 10 to 12 and members of their unions. Respondents 4 to 6 were also directed to ensure that there is no threat to law and order within their respective jurisdiction, at the instance of respondents 10 to 12 and the members of their unions. 5.3. A counter affidavit has been filed by the 10[th] respondent, opposing the reliefs sought for in this writ petition. The 26 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 12[th] respondent has also filed a counter affidavit. 6. W.P.(C)No.3760 of 2021:- The petitioner, who has entered into Ext.P3 agreement date 09.02.2021 with the 8[th] respondent Depot Manager of SUPPLYCO at Ottappalam, for lifting of ration articles from source godowns (FCI Depot/CMR godown) to intermediary godowns (Taluk Depots) and therefrom to the Fair Price Shops notified by SUPPLYCO, has filed this writ petition, seeking a writ of mandamus commanding respondents 3 to 6 to grant adequate protection to the life and property of the petitioner and his employees for the conduct of the transportation of the goods as per Ext.P3 contract from various source godowns/sites of FCI Depots/CMR godowns/SUPPLYCO PDS Depot to destination godowns SUPPLYCO Taluk PDS Depots/Fair Price Shops in Pattambi Taluk in Palakkad District from the 9[th] respondent and the members of his Union and men or anyone claiming through them. The 9[th] respondent is the Secretary of Temo and Taxi Union (CITU), Pattambi Taluk. The petitioner has also sought for a declaration that the 9[th] respondent or the members of his Union do not have any right or authority to meddle with the transportation contract granted to the petitioner vide Ext.P3 contract. 27 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 6.1. On 12.02.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 to 6. The learned Standing Counsel for SUPPLYCO took notice on admission for respondents 7 and 8. Urgent notice on admission by special messenger was ordered to the 9[th] respondent, returnable by 16.02.2021. The learned Government Pleader was directed to get instructions. 6.2. On 17.02.2021, when this writ petition came up for consideration, this Court granted an interim order directing respondents 4 to 6 to take necessary steps to ensure that there is no obstruction whatsoever to transportation of ration articles by the petitioner on the strength of Ext.P3 contract, in the goods vehicles in Annexure B list, which forms part of that agreement, at the instance of the 9[th] respondent and members of his union. Respondents 4 to 6 were also directed to ensure that there is no threat to law and order within their respective jurisdiction, at the instance of the 9[th] respondent and the members of his unions. 7. Heard the learned counsel for the petitioner in the respective writ petitions, the learned Government Pleader for the official respondents, the learned Standing Counsel for SUPPLYCO 28 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 and also the learned counsel for the party respondents. 8. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law. 29 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 9. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants." 10. In **Manohar Lal Sharma v. Principal Secretary [(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . 11. The petitioner in W.P.(C)No.785 of 2021 and also the 30 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 petitioner in the connected writ petitions are contractors, who have entered into contracts with the concerned Depot Manager of SUPPLYCO for transportation of ration articles. The petitioner in the respective writ petitions submitted their tender pursuant to Ext.P1 tender notice dated 15.07.2020 issued by SUPPLYCO, for lifting, transportation, handling and delivery of ration articles from source godowns to destination godowns/fair price shops notified by SUPPLYCO. The terms and conditions in Ext.P1 tender notice were revised to certain extent as per Ext.P2 corrigendum dated 30.07.2020. Clause 19 of Ext.P1 tender notice deals with transportation, which is extracted hereunder. ## “ **19. Transportation** : The ration articles belonging to the First Party (Supplyco) should be lifted from FCI/CMR godowns and delivered at the door steps of Supplyco notified godowns and EPS. The transportation contractor will be exclusively responsible for the proper transportation and delivery of stocks as per delivery schedules fixed by Supplyco. The transporter should own or possess a minimum fleet of 10 Goods Carriage vehicles (including at least 5 Heavy Goods Vehicles) registered in Kerala out of which 2 vehicles should be owned by the tenderer to be eligible for participating in the tender. The tenderer should submit the list of vehicles in the prescribed format given in Schedule-I 31 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 along with the scanned copies of the registration certificate. This is only a precondition for the eligibility of participation in the Tender. If the vehicles are not owned by the tenderer, he should produce written consent of the registered owner of the vehicles permitting the tenderer to uses the vehicle for the aforesaid work during the evaluation of Technical bid. The vehicle should possess all documents as prescribed by Govt. time to time and as per Motor Vehicles Act of India. If successful, he should make available the fleet of sufficient vehicles (if necessary, in addition to the ten vehicles submitted along with the tender) as per the schedule of delivery prepared by the Depot Manager for lifting and distribution of ration articles for a particular month. The details of such vehicles with registration number and GPS number have to be mentioned in Annexure to the agreement. The contractor is also liable to produce additional vehicles for lifting/issue beyond the requirement mentioned in the schedule as demanded by the Depot Manager. If for any reason it has become inevitable to use more vehicles than offered in the agreement, the contractor shall furnish the details of such vehicles also and the same can be sued for transportation from FCI to NFS depots, CMR mills to NFSA depot and from NFSA depots to FPS only with the written consent of the Depot Manager concerned. The Goods Carriage Vehicles registered in other States should not be used for transportation of ration articles except in cases where the lifting of Food Grains are to be done from the FCI Depots of 32 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## other States. The stocks should be transported in clean and hygienic vehicles properly covered for protecting the stock from rain, wind and heat. A sticker as per the specification and design prescribed by Supplyco having the caption 'ON SUPPLYCO DUTY' shall be prominently exhibited in front of the vehicle. Such vehicles shall not be used for any other purposes on the date which these vehicles are used for Supplyco duty. If any wheat/rice transported in such vehicles are seized within 24 hours of delivery of the ration articles in the NFSA depots/FPS (ARD's), then the contractor will not be allotted any work thereafter for transportation of ration articles based on the contract and proceedings will be initiated to terminate the contract and alternate arrangement will be made at the risk and cost of the tenderer. The tentative schedule for completing the work is as follows:- 1. Lifting of food grains - Before the last day of the from FCI, CMR and preceeding month of the deliver to NFSA allotment month or fixed by Civil Depot Supplies Department for completion of lifting. 2. Doorstep delivery of - Before 15[th] of each month or food grains from fixed by Civil Supplies NFSA Depot to FPS Department for completion of lifting ## **TIMINGS** The contractor should provide the required vehicles as per the schedule provided by the depot Manager in the below mentioned locations as detailed below:- 1. From FCI/CMR to - One hour before the NFSA Depot commencement of operations of the concerned FCI/CMR. 33 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 2. From NFSA Depot to - FPS 8.30 AM at the concerned NFSA Depot. Successful bidders have to execute the work as per the Schedule provided by the Depot Manager. The contractors have to provide additional vehicles if required, and complete the work in time. Non-compliance of delivery schedule will be viewed seriously and Supplyco reserves the right to impose monetary penalties and other penal action including termination of Transportation Contract for repeated violation of delivery schedule. In this case, Supplyco reserves the right to engage any other transporter to get the work done on time and recover the cost and damages caused thereby from the defaulting Contractor. The stocks should be transported in clean and hygienic vehicles properly covered for protecting the stock from rain, wing and heat. A sticker having the caption 'ON SUPPLYCO DUTY' shall be prominently exhibited in front and both sides of the vehicles as per the format and design with vivid distant view prescribed by Supplyco as follows:a. Stickers/paint in the front side with red letters and yellow background and back side with reflecting paint or stickers. b. Stickers/paint on both sides of the vehicle with red letters and yellow background with reflecting paint or stickers. GPS device should be installed by the tenderer/transporting contractor in all the vehicles used for transportation for movement monitoring and the details of GPS should be provided in advance to the Depot manager. Any vehicle 34 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 without Government approved GPS device in working condition will not be allowed for transportation. Any loss to the stock due to fire/flood/theft/rain/accident, or any other reasons on transportation shall be borne by the contractor in full and to prevent such losses, the contractor should take all precautions and shall deliver the stock as early as possible. In case of change in location of an existing godowns the contractor is liable to delivery the stock to the end at the changed location”. 12. As per clause 19 of terms and conditions in Ext.P1 tender notice, the transportation contractor is responsible for the proper transportation and delivery of stocks as per delivery schedules fixed by SUPPLYCO. The tenderer should own or possess a minimum fleet of 10 Goods Carriage vehicles (including at least 5 Heavy Goods Vehicles) registered in Kerala, out of which 2 vehicles should be owned by the tenderer, to be eligible for participating in the tender. The tenderer should submit the list of vehicles in the prescribed format given in Schedule-I, along with the scanned copy of the registration certificate, which is a precondition for the eligibility of participation in the tender. If the vehicles are not owned by the tenderer, he should produce written consent of the registered owner of the vehicles permitting the tenderer to use the vehicle for the aforesaid work during the evaluation of technical 35 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 bid. The vehicle should possess all documents as prescribed by Government from time to time, and as per the Motor Vehicles Act. 13. As per clause 19, if successful, the contractor should make available the fleet of sufficient vehicles (if necessary, in addition to the ten vehicles submitted along with the tender) as per the schedule of delivery prepared by the Depot Manager for lifting and distribution of ration articles for a particular month. The details of such vehicles with registration number and GPS number have to be mentioned in the Annexure to the agreement. The contractor is also liable to produce additional vehicles for lifting/issue beyond the requirement mentioned in the schedule as demanded by the Depot Manager. If for any reason it has become inevitable to use more vehicles than offered in the agreement, the contractor shall furnish the details of such vehicles also and the same can be sued for transportation from FCI to NFS depots, CMR mills to NFSA depot and from NFSA depots to FPS only with the written consent of the Depot Manager concerned. 14. The grievance of the party respondents is that the petitioner in the respective writ petitions are not engaging the goods vehicles owned by them/members of their Unions for the 36 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 purpose of transportation of ration articles on the strength of the respective contracts entered into with the concerned Depot Manager of SUPPLYCO. The registered owners of those vehicles could not participate in the tender process, pursuant to Ext.P1 tender notice, on account of the eligibility criteria for participation, i.e., ownership/possession of specified number of goods vehicles. A reading of clause 19 would show that such a condition has been incorporated in Ext.P1 tender notice in order to ensure timely transportation of ration articles from source godowns to destination godowns/fair price shops notified by SUPPLYCO in clean and hygienic vehicles, properly covered for protecting the stock from rain, wind and heat. The contractors are bound to transport ration articles in goods vehicles, which are included in Annexure-B list, which forms an integral part of the respective contracts. In addition to those vehicles, the contractors are liable to produce additional vehicles for lifting ration articles, as and when demanded by the concerned Depot Manager. The contractor has to furnish the details of such vehicles to the Depot Manager concerned and his written consent is required for using such vehicles for the purpose of transportation of ration articles. When the transportation of ration 37 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 articles on the strength of the contracts executed by the petitioner in the respective writ petitions with the concerned Depot Manager is regulated by the condition stipulated in clause 19, the party respondents, who are the owners of goods vehicles in the locality or the Unions representing the owners of such vehicles, cannot cause any obstruction to the transportation of ration articles, in goods vehicles included in Annexure-B list, which forms integral part of the respective contracts. 15. As pointed out by the learned Standing Counsel, SUPPLYCO is the nodal agency of the Government of Kerala for implementing the National Food Security Act, 2013. The Government of Kerala as per G.O.(Ms.)No.15/16 F&CSD dated 03.10.2016 entrusted SUPPLYCO with the duty of logistics and door step delivery of ration articles. Accordingly, SUPPLYCO is engaging contractors for lifting ration articles from source godowns to destination godowns/Fair Price Shops, for public distribution. SUPPLYCO came into picture only in the year 2017, pursuant to the aforesaid Government Order dated 03.10.2016. Till such time, the distribution of ration articles was being undertaken by the licencees of the Authorised Wholesale Depots. 38 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 16. The learned counsel for the party respondents would point out the pendency of conciliation proceedings before the concerned Labour Officer and also the stand taken by the Managing Director of SUPPLYCO in Ext.P7 communication dated 25.08.2020 [in W.P.(C)No.785 of 2021] addressed to the Secretary, Department of Food and Civil Supplies, in which the grievance of the party respondents, who are the owners of goods vehicles/their Unions, are highlighted. In these writ petitions filed seeking police protection, this Court need not consider those issues and it is for the concerned Labour Officer and also the State Government to consider those issues appropriately, in accordance with law. 17. On 15.01.2021, this Court granted an interim order in W.P.(C)No.785 of 2021, whereby respondents 4 to 6 Station House Officers were directed to take necessary steps to ensure that there is no obstruction whatsoever to transportation of ration articles by the petitioner on the strength of Ext.P4 contract, in the goods vehicles in Annexure B list, which forms part of that agreement, at the instance of the 9[th] respondent and members of his Union. Respondents 4 to 6 were also directed to ensure that there is no threat to law and order within their respective jurisdiction, at the 39 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 instance of the 9[th] respondent and the members of his Union. Similar interim orders are granted in the connected writ petitions and those interim orders are still in force. 18. The petitioner in W.P.(C)No.785 of 2011, after obtaining an interim order on 15.01.2021, has filed W.P.(C)No.1902 of 2021 seeking police protection against respondents 10 to 12 Unions. The document marked as Ext.P8 in W.P.(C)No.1902 of 2021 is a copy of the interim order dated 15.01.2021 in W.P.(C)No.785 of 2021. After the said interim order, the petitioner submitted Ext.P9 representation dated 19.01.2021 before respondents 5 and 6 Station House Officers, apprehending obstruction to transportation of ration articles on 20.01.2021 from FCI godown, Puthuppariyaram to NFSA Godown, Kozhinjampara. In the said representation, it is pointed out that in the meeting conducted by the Additional District Magistrate, Palakkad regarding obstruction to transportation of ration articles, the trade unions representing workers near FCI Godown, Olavakkodu and the Unions representing lorry owners near NFSC Godowns at Muthalamada and Kozhinjampara have participated. 19. In the counter affidavit filed by the 12[th] respondent, who 40 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 is the Secretary of Palakkad District Lorry Brokers Union (CITU), FCI Unit, Olavakkodu, it is contended that in Ext.P9 complaint dated 19.01.2021 filed before respondents 5 and 6 Station House Officers, no specific allegations have been made against the 12[th] respondent Union. The members of the said Union have not obstructed the transportation of ration articles from FCI godowns at Olavakkodu and Palakkad. 20. In **St.George Tabore Church and others v. State of Kerala and others [2021 (1) KHC SN 1]** this Court held that, in order to seek police protection under Article 226 of the Constitution of India, the petitioner in a writ petition filed under Article 226 of the Constitution of India has to first approach the concerned Station House Officer with a proper complaint against those who are causing threat to the life and/or the property of the petitioner. Since a writ of mandamus can be granted only in a case where there is a failure on the part of that officer concerned to discharge the statutory obligation, in the complaint filed before the concerned Station House Officer, which is foundation upon which a writ petition seeking police protection has been built, the petitioner has to disclose his legal right to compel performance of a statutory 41 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 duty cast upon that authority. The said complaint should contain necessary pleadings. In case there is any failure on the part of the officer concerned in discharging the statutory duty or obligation, the petitioner can approach this Court in a writ petition filed under Article 226 of the Constitution of India, seeking appropriate reliefs, in which the State of Kerala, the officer concerned and also those who are causing threat to the life and/or the property of the petitioner, as alleged in the said complaint, are to be arrayed as respondents. 21. In the absence of any specific pleadings in Ext.P9 complaint dated 19.01.2021, the petitioner is not entitled for an order of police protection in W.P.(C)No.1902 of 2021, against the members of the 12[th] respondent Union. 22. Along with the counter affidavit filed by the 9[th] respondent in W.P.(C)No.785 of 2021, Ext.R9(a) photograph taken on 25.01.2021 is placed on record, in order to contend that, under the cover of the interim order granted by this Court on 15.01.2021, the petitioner in that writ petition is engaging goods vehicles other than those included in Annexure-B list, which forms part of Ext.P4 contract, for transportation of ration articles. 42 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 23. The vehicle seen in Ext.R9(a) photograph is goods vehicle bearing registration No.KL-09/AJ-349, which is admittedly not included in Annexure-B list of vehicles. As per the photograph, the said vehicles is loaded with ration articles. Though the petitioner has filed a reply affidavit on 10.02.2021, the specific allegations contained in the counter affidavit filed by the 9[th] respondent stands uncontroverted. Therefore, it is for the 8[th] respondent Depot Manager to conduct an enquiry in the matter, in order to ascertain whether the petitioner has violated clause 19 of the terms and conditions in Ext.P1 tender notice, by engaging goods vehicles other than those included in Annexure-B list or any additional vehicle without prior written consent, for transportation of ration articles from the concerned SUPPLYCO Depot, and take necessary action against the petitioner, in accordance with law. 24. In the order dated 13.01.2021 in W.P.(C)No.785 of 2021, this Court noticed that as per clause 19 of the terms and conditions in Ext.P1 tender notice and clause 16 of Ext.P4 contract, a sticker as per the specification and design prescribed by SUPPLYCO having the caption 'ON SUPPLYCO DUTY' shall be prominently exhibited in front of the vehicle used for transportation 43 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 of ration articles. Such vehicles shall not be used for any other purposes on the date on which these vehicles are used for SUPPLYCO duty. As per sub-clauses (a) and (b) of clause 16 of Ext.P4 contract, the stickers on the front side and on both sides of the vehicle shall be with red letters and yellow background with reflecting paint or stickers in the size specified therein. In the order dated 13.01.2021, this Court noticed that transport vehicles are seen on public road carrying the caption 'GOVERNMENT VEHICLE', on the front and rear and some of those vehicles are having the caption 'SUPPLYCO' on either side. The learned Government Pleader was directed to get instructions from respondents 1 and 2 on this aspect. On 15.01.2021, the learned Special Government Pleader entered appearance in O.P.No.785 of 2021 and made submissions. This Court suo motu impleaded the Transport Commissioner, Kerala as additional 10[th] respondent and the learned Special Government Pleader was directed to file a statement on behalf of the additional 10[th] respondent, in terms of the order dated 13.01.2021. On 05.01.2021, when W.P.(C)Nos.785 of 2021 and 1756 of 2021 came up for consideration, the learned Special Government Pleader, on instructions from the additional 44 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 10[th] respondent Transport Commissioner, submitted that the Managing Director of the 7[th] respondent SUPPLYCO has no authority to permit display of sticker having the caption, 'ON SUPPLYCO DUTY' on vehicles used by the contractors for transporting ration articles. 25. The learned Standing Counsel for SUPPLYCO, after referring to Ext.R7(a) judgment of this Court dated 17.11.2020 in W.P.(C)No.11393 of 2020, would contend that in paragraph 9 of that judgment, this Court has taken note of the stand taken by SUPPLYCO in the counter affidavit filed in that writ petition that, instructions have been issued stipulating that sticker having the caption 'ON SUPPLYCO DUTY' shall be prominently exhibited in front and both sides of the vehicles carrying ration articles. That writ petition was filed by the Kerala State Retail Ration Dealers Association seeking an order directing the State of Kerala to introduce colour code and GPS system to lorries transporting NFSA food articles similar to that of the colour of the ration shops. Various other reliefs have also been sought for in that writ petition. By Ext.R7(a) judgment, that writ petition was disposed of recording the steps taken by the Government and SUPPLYCO, as 45 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 stated in their respective statements and counter affidavits. In paragraph 10 of that judgment, this Court noticed the stand taken by SUPPLYCO that GPS device has to be mandatorily installed by the transporting contractor in all the vehicles used for transportation, for movement monitoring, and details of GPS should be provided in advance to the Depot Manager. The fact that W.P.(C)No.11393 of 2020 was disposed of by Ext.R7(a) judgment taking note of the steps taken by SUPPLYCO as stated in its counter affidavit filed in that writ petition will not entitle SUPPLYCO, which is only a company registered under the Companies Act, 1956 to permit exhibition of such stickers on the goods vehicles of its contractors. As per the terms and conditions of Ext.P1 tender notice and also Ext.P4 contract, such vehicles are fitted with GPS system for movement monitoring. 26. The learned Standing Counsel for SUPPLYCO would rely on Rule 191 of the Kerala Motor Vehicles Rules, 1989. The scope of that provision, which deals with prohibition of advertisement or writing on vehicles, has been considered by this Court in **Jijith and others v. State of Kerala and others [2019 (1) KHC 463]** , **Saji K.M. v. Deputy Transport Commissioner, Thrissur and** 46 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 **others [2019 (3) KHC 836]** and **Principal, Sabari PTD Smaraka HSS, Ottappalam v. Additional Registering Authority, Ottappalam and others [2020 (2) KHC SN 9]** . The said provision will not enable exhibition of the sticker, 'ON SUPPLYCO DUTY' on the vehicles engaged by the contractors for transportation of ration articles. Similarly, any vehicles including goods vehicles or transport vehicles owned by SUPPLYCO, which is a company registered under the Companies Act, 1956, cannot be permitted to be plied carrying the caption 'GOVERNMENT VEHICLE'. It is for the additional 10[th] respondent Transport Commissioner in W.P.(C)No.785 of 2021 to take necessary action. 27. In the above circumstances, these writ petitions are disposed of by directing the concerned Station House Officers in the respective writ petitions to take necessary steps to ensure that there is no obstruction whatsoever to transportation of ration articles by the petitioners in the respective writ petitions on the strength of the respective contracts, in goods vehicles included in Annexure-B list of vehicles, at the instance of the party respondents/Unions in the respective writ petitions, excluding the 12[th] respondent in W.P.(C)No.1902 of 2021, since there is no 47 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 allegations against the said respondent in Ext.P9 complaint filed before the concerned Station House Officers. The concerned Station House Officers shall also ensure that there is no threat to law and order within their respective jurisdiction, in connection with the transportation of ration articles by the petitioners in the respective writ petitions, on the strength of the respective contracts, in goods vehicles included in Annexure-B list of vehicles. In case there is any threat to the life of the petitioner in the respective writ petitions or to their workers, the petitioners in the respective writ petitions shall move the concerned Station House Officer for police protection, along with a copy of the contract, in which event the concerned Station House Officer shall take necessary action on that request, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. No order as to costs. Sd/- **ANIL K. NARENDRAN JUDGE** yd 48 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **APPENDIX OF WP(C) 785/2021** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE E-TENDER NOTICE NO.NFSA5-17016/20 DATED 15.07.2020 ISSUED BY SUPPLYCO.** **EXHIBIT P2 TRUE COPY OF THE CORRIGENDUM DATED 30.07.2020.** **EXHIBIT P3 TRUE COPY OF THE LETTER NO.A.5.1375/2020 DATED 21.12.2020 ISSUED BY THE DEPOT MANAGER, SUPPLYCO DEPOT, PALAKKAD. EXHIBIT P4 TRUE COPY OF THE AGREEMENT DATED 01.01.2021 WITH THE 8TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE 8TH RESPONDENT, LETTER NO.1375/2020D DATED 01.01.2021. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 07.01.2021 BEFORE THE 8TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION NO.NFSA2/13539/17 DATED 25.08.2020 PREFERRED BY THE CHAIRMAN AND MANAGING DIRECTOR OF THE SUPPLYCO BEFORE THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 06.01.2021 ISSUED BY THE 9TH RESPONDENT TO THE PETITIONER.** 49 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **9TH RESPONDENT'S EXHIBITS:** **EXHIBIT R9A** **A TRUE COPY OF THE PHOTOGRAPH OF THE TRANSPORATION OF LOADS FROM DOWON IN VEHICLE NO.KL-9/AJ-349.** **EXHIBIT R9B** **A TRUE COPY OF THE CONCILIATION NOTICE ISSUED BY THE DISTRICT LABOUR OFFICER DATED 27.01.2021.** ## **11TH RESPONDENT'S EXHIBITS:** **EXHIBIT R11(A)** **TRUE COPY OF THE REQUEST MADE BY THE ADDITIONAL 11TH RESPONDENT TO THE 8TH RESPONDENT, DATED 23.10.2020.** ## **7TH RESPONDENT'S EXHIBITS:** **EXHIBIT R7(A)** **A TRUE COPY OF THE JUDGMENT DATED 17.03.2020 IN W.P.(C)NO.11393 OF 2020** 50 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **APPENDIX OF WP(C) 1430/2021** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF WORK ORDER ISSUED BY THE 3RD RESPONDENT DATED 15.1.2021. EXHIBIT P2 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND 3RD RESPONDENT ALONG WITH ANNEXURES AS PART OF THE AGREEMENT DATED 15.1.2021. EXHIBIT P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 15.1.2021. EXHIBIT P4 TRUE COPY OF THE LETTER SUBMITTED TO THE 3RD RESPONDENT DATED 15.1.2021.** ## **RESPONDENT'S EXHIBITS:NIL** 51 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **APPENDIX OF WP(C) 1756/2021** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE E - TENDER NO. NFSA17016/20 DATED 15/07/2020 ISSUED BY SUPPLYCO.** **EXHIBIT P2 TRUE COPY OF THE CORRIGENDUM DATED 30.07.2020.** **EXHIBIT P3 TRUE COPY OF THE LETTER NO. 1415/2020 DATED 23.12.2020 ISSUED BY THE DEPOT MANAGER, SUPPLYCO DEPOT, KOZHIKODE.** **EXHIBIT P4 TRUE COPY OF THE LETTER NO, TD4-660/2020 DATED 22.12.2020 ISSUED BY THE DEPOT MANAGER, SUPPLYCO DEPOT, KODUVALLY.** **EXHIBIT P5 TRUE COPY OF THE AGREEMENT DATED 01.01.2021 WITH THE 9TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE AGREEMENT DATED 01.01.2021 WITH THE 10TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS OF THE 9TH RESPONDENT, VIDE LETTER NO. E-1415/2020 DATED 01.01.2021.** - **EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS OF THE 10TH RESPONDENT, VIDE LETTER NO. TD4-660/2020 DATED 01.01.2021.** - **EXHIBIT P9 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 20.01.2021 BEFORE THE 5TH RESPONDENT.** - **EXHIBIT P10 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 20.01.2021 BEFORE THE 6TH RESPONDENT.** - **EXHIBIT P11 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 20.01.2021 BEFORE THE 7TH RESPONDENT.** 52 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 **EXHIBIT P12** **TRUE COPY OF THE REPRESENTATION NO. NFSA 2/13539/17 DATED 25/08/2021 BEFORE THE CHAIRMAN AND MANAGING DIRECTOR OF THE SUPPLYCO BEFORE THE 2ND RESPONDENT.** **11TH RESPONDENT'S EXHIBITS:** **EXHIBIT R11(A)** **TRUE COPY OF THE AGREEMENT MADE BY THE 11TH RESPONDENT UNION AND THE PETITIONER.** **EXHIBIT R11(B) TRUE COPY OF THE CHIT ISSUED BY CIVIL SUPPLIES CORPORATION ON 11.01.2021 IN RESPECT OF VEHICLE NO.KL-12/B-7659.** **EXHIBIT R11(C) TRUE COPY OF THE CHIT DATED 20.01.2021 IN RESPECT OF VEHICLE NO.KL-12/B-7659.** **EXHIBIT R11(D) TRUE COPY OF THE CHIT DATED 20.01.2021 IN RESPECT OF VEHICLE NO.KL-12/B-7659.** **EXHIBIT R11(E) TRUE COPY OF THE DECISION TAKEN BY THE R11 UNION AND THE PETITIONER.** **EXHIBIT R11(F) TRUE COPY OF THE NOTICE ISSUED BY THE DISTRICT SUPPLY OFFICER, KOZHIKODE DATED 23.01.2021.** 53 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **APPENDIX OF WP(C) 1902/2021** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE E-TENDER NOTICE NO. NFSA5-17016/20 DATED 15/07/2020 ISSUED BY SYPPLYCO. EXHIBIT P2 TRUE COPY OF THE CORRIGENDUM DATED 30/07/2020. EXHIBIT P3 TRUE COPY OF THE LETTER NO. A5-1375/2020 DATED 21/12/2020 ISSUED BY THE DEPOT MANAGER, SUPPLYCO DEPOT, PALAKKAD. EXHIBIT P4 TRUE COPY OF THE AGREEMENT DATED 01/01/2021 WITH THE 8TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE 8THE RESPONDENT, LETTER NO.1375/2020 DATED 01/01/2021. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 07/01/2021 BEFORE THE 8TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION NO. NFSA2/13539/17 DATED 25/08/2020 PREFERRED BY THE CHAIRMAN AND MANAGING DIRECTOR OF THE SUPPLYCO BEFORE THE 2ND RESPONDENT. EXHIBIT P8 TRUE COPY OF THE ORDER DATED 15/01/2021 IN WPC NO.785/2021. EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 19/01/2021 PREFERRED BY THE PETITIONER BEFORE THE 5TH RESPONDENT AND THE 6TH RESPONDENT.** 54 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **10TH RESPONDENT'S EXHIBITS:** **EXHIBIT R10(A)** **TRUE COPY OF THE CERTIFICATE ISSUED BY THE MOTOR VEHICLES DEPARTMENT IN RESPECT OF THE VEHICLE KL-09/A-1056 DATED 10.03.2021.** **EXHIBIT R10(B)** **TRUE COPY OF THE CERTIFICATE ISSUED BY THE MOTOR VEHICLES DEPARTMENT IN RESPECT OF THE VEHICLES KL-07/S-5265 DATED 11.03.2021.** ## **12TH RESPONDENT'S EXHIBITS:** **EXHIBIT R12(A) TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 20.08.1992 OF THE 12TH RESPONDENT UNION.** **EXHIBIT R12(B) TRUE COPY OF THE PROCEEDINGS OF THE MEETING CONVENED BY THE DISTRICT LABOUR OFFICER ON 05.02.1997.** 55 W.P.(C)Nos.785, 1430, 1756, 1902 & 3760 of 2021 ## **APPENDIX OF WP(C) 3760/2021** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE E-TENDER NOTICE NO.NFSA5-17016/20 DATED 15.07.2020 ISSUED BY SUPPLYCO** **EXHIBIT P2 TRUE COPY OF THE CORRIGENDUM DATED 30.07.2020** **EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED 09.02.2021 WITH THE 8TH RESPONDENT** **EXHIBIT P4 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER DATED 11.02.2021 BEFORE THE 8TH RESPONDENT** **EXHIBIT P5 TRUE COPY OF THE REPRESENTATION NO.NFSA 2/13539/17 DATED 25.08.2020 PREFERRED BY THE CHAIRMAN AND MANAGING DIRECTOR OF THE SUPPLYCO BEFORE THE 2NBD RESPONDENT** ## **RESPONDENTS' EXHIBITS:NIL** **TRUE COPY** ## **P.A. TO JUDGE**