RIYAS Vs. SIRAJUDHEEN

JUDGEMENT

(1.) Petitioner says that he is the owner of two excavators bearing Regn.Nos.KL-59-B-6123 and KL-02-W-7414. His allegations in this writ petition are against the first respondent who, he says, is the owner of several excavators, as also the Secretary of an Association of owners of excavators in Kerala and he alleges that the first respondent, along with his henchmen are obstructing the petitioner when he operates the excavators on the ground that he is causing unhealthy competition by offering his services lesser than the rates fixed by the Association.

(2.) The petitioner says that he is a free citizen of India and that he has a fundamental right, guaranteed under the Constitution, as per which he cannot be stopped from operating his excavators in the manner that he chooses. On such broad allegations the petitioner prays that the Police be directed to afford him adequate and effective protection from the first respondent and his henchmen.

(3.) The learned senior Government Pleader appearing on behalf of respondents 2 and 3, who are the concerned Police officers, submits that the disputes between the petitioner on one hand and the Association of excavators' owners on the other appears to be that the petitioner is charging a lower rate than what has been stipulated by the Association. The learned Government Pleader says that as of now there are no law and order issues but that if the disputes between the petitioner and the first respondent or the Association deteriorate into law and order infractions, the Police will certainly step in and take appropriate remedial action.