Facts of the Case

The petitioner, M/s. Thomsun Sands and Metals, a registered partnership firm operating a quarry and crusher unit in Erumeli South Village, approached the Kerala High Court seeking police protection. The petitioner alleged that members of the local Lorry Owners Association were unlawfully obstructing transportation of granite and rubble from its quarry premises.

The connected writ petition was filed by Shibin Constructions Components, a transporter owning several lorries engaged in transporting materials from the quarry. The transporter alleged that its vehicles were attacked while carrying out transportation work and that criminal cases had already been registered against certain contesting respondents.

The quarry owner submitted that it had installed a weighbridge within its premises to prevent overloading of vehicles and asserted that willing transporters were being prevented from carrying out lawful transportation activities.

The respondents denied these allegations and contended that their concern was solely regarding overloading of transport vehicles, which adversely affected local residents. They further alleged that even the transporter's vehicles had been found involved in overloading violations.

The dispute eventually reached the High Court seeking police intervention for maintaining peace and ensuring uninterrupted lawful transportation.

Issues Involved

  1. Whether the petitioners were entitled to police protection for carrying on lawful quarry and transportation operations.
  2. Whether allegations relating to overloading justified obstruction of transportation activities.
  3. Whether private parties could create law and order issues on the ground of alleged statutory violations.
  4. What directions should be issued to maintain public order while leaving statutory enforcement to competent authorities.

 Petitioner’s Arguments

  • The quarry owner submitted that all necessary licences and permissions for quarry operations had been obtained.
  • A weighbridge had already been installed to ensure that vehicles were not overloaded.
  • Members of the Lorry Owners Association were obstructing even willing transporters from transporting quarry materials.
  • The transporter contended that its vehicles had been attacked solely because it was transporting materials from the petitioner's quarry.
  • FIRs had already been registered against certain persons involved in the alleged attacks.
  • Police protection was therefore necessary to ensure uninterrupted lawful business operations.

 Respondent’s Arguments

  • The respondents denied creating any unlawful obstruction.
  • They argued that their concern related only to overloading of vehicles operating from the quarry.
  • According to them, complaints had been raised by local residents regarding excessive loading and its consequences.
  • They also alleged that the transporter's own vehicles had been found involved in overloading, for which check reports had been generated.
  • The respondents maintained that any grievances were based on statutory compliance rather than interference with lawful business activities.

 Court Order / Findings

The Kerala High Court observed that complaints regarding overloading must be addressed before the competent statutory authorities empowered to deal with such violations.

The Court held that even if allegations of overloading existed, such allegations could not justify violence, obstruction, or disturbance of public order by any private party.

Accordingly, the Court disposed of both writ petitions with the following directions:

  • In the event of any law and order issue, the affected parties may approach the police or other competent authorities.
  • The police authorities shall examine such complaints and take appropriate action strictly in accordance with law.
  • The Station House Officer shall ensure maintenance of law and order in the locality.
  • All other disputes and legal contentions between the parties were left open for appropriate proceedings before the competent authorities.

 Important Clarification

  • Allegations of vehicle overloading must be dealt with by the competent statutory authorities.
  • Private individuals or associations cannot obstruct lawful business activities on the basis of alleged statutory violations.
  • Police protection is intended to maintain peace and public order and does not amount to adjudication of disputes regarding overloading or regulatory compliance.
  • All parties remain free to pursue their legal remedies before the appropriate authorities regarding alleged violations.

 Sections / Legal Provisions Involved

  • Article 226 of the Constitution of India
  • Police powers relating to maintenance of law and order
  • Statutory provisions governing regulation of overloading of transport vehicles under applicable motor vehicle laws

Link to Download the Order

https://www.mytaxexpert.co.in/uploads/1784962434_1978compressed.pdf

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