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Judgment
The petitioner Company, which is operating the International Container Transshipment Terminal at Vallarpadam, pursuant to an agreement with the
Cochin Port Trust, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd
respondent to afford effective and adequate police protection for free ingress and egress of container trucks, customers, visitors, staff, other
stakeholders, employees and vehicles to and from the International Container Transshipment Terminal at Vallarpadam. The petitioner has also sought
for a writ of mandamus commanding the 2nd respondent to ensure that law and order is strictly maintained in the periphery of the International
Container Transshipment Terminal at Vallarpadam, in the event of any dharna or demonstration or protest taken out under the leadership of
respondents 4 to 8 or any other trade union/association or any persons acting at their behest; a writ of mandamus commanding the 2nd respondent to
ensure that the trucks being operated/driven by the drivers/workmen of the members of respondents 4 to 8 are not unauthorisedly parked inside the
petitioner's premises; and directing the 2nd respondent to ensure that no dharna or other demonstration or protest takes place within a radius of 500
meters from the entrance of the International Container Transshipment Terminal at Vallarpadam; and a writ of mandamus commanding the 2nd
respondent to ensure that there is no threat to the property of the petitioner or to the life of the truck drivers, customers, visitors, other stakeholders
and employees of the petitioner on account of actions/agitations by drivers/workmen of respondents 4 to 8 or any other trade union/association or
anyone acting at their behest.
On 16.12.2020, when this writ petition came up for admission, this Court issued notice before admission to the respondents. The learned
Government Pleader took notice for respondents 1 and 2. The learned Standing Counsel took notice for the 3rd respondent and urgent notice by
special messenger was ordered to respondents 4 to 8.
On 16.12.2020, this Court passed an interim order which reads thus;
Notice before admission to the respondents. The learned Government Pleader takes notice for respondent Nos.1 and
Sreelal N. Warrier, the learned Standing Counsel takes notice for respondent No.3. Issue urgent notice by special messenger to respondent Nos.4
to 8. I have considered the submissions advanced by Sri.E.K.Nandakumar, the learned Senior Counsel appearing for the petitioner.
Having gone through the records and considering the submissions advanced, there will be a direction to the 2nd respondent to initiate appropriate
measures to ensure that the free ingress and egress of container trucks, officers, staff, customers, vehicles etc. To the International Container
Transshipment Terminal at Vallarpadam is not obstructed by the respondents 4 to 8. The 2nd respondent shall also ensure that the respondents 4 to 8
or their members do not park vehicles inside the premises of the petitioner with a view to prevent free access to the Terminal.
Today, when this case is taken up for consideration, respondents 4, 5, 6 and 8 entered appearance through counsel.
The learned counsel for the petitioner would submit that at present, there is no obstruction from the side of the party respondents and as such, the
petitioner do not want to prosecute this writ petition further. Therefore, the same may be dismissed as withdrawn, without prejudice to the right of the
petitioner to approach this Court again, in case of any obstruction or threat to law and order.
Recording the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, reserving the aforesaid
right of the petitioner.