National Asphalt Products and Construction Company Limited vs The Circle Inspector of Police, Office of the circle inspector, Palode, Nedumangad, Thiruvananthapuram-695016, The Sub Inspector of Police, Palode Police Station, Palode, Nedumangad-695016, CPI (M) Local Committee, Nanniyode Panchayath and Dyfi Local Committee, Nanniyode Panchayath

Thottathil B. Radhakrishnan, J.—The petitioner is awarded a contract to lay or improve a particular road under KSTP which is a governmental organisation. Petitioner''s complaint is that the private respondents are objecting to the activity of having a bitumen mixing plant, which is absolutely necessary to carry out the work awarded to it. As minuted in our order dated 25.5.2012, the writ petition could not even be considered without the KSTP or the State Government on the array. It was also minuted on 25.5.2012 that it is those authorities who have to answer any situation which is pointed out by the petitioner. The State Government and KSTP are brought in later. Learned senior Government Pleader representing the State Attorney today submits that after negotiations for one round, the local people had agreed to permit the work to be carried out.

For one thing, the contract is awarded by the KSTP acting on behalf of the State of Kerala. If the Government of Kerala and its police machinery are unable to provide necessary help to carry out the work by removing any obstructions by any person not eligible to obstruct, it is not for this Court to direct the State Government to afford protection. This is not a litigation where a private party tells the court that its rights referable to Part III of the Constitution are being impinged. It is the State Government which is the ultimate repository of the police power of the State to provide protection and have its works carried out since such works are carried out in public interest. If it needs an order from this Court to exercise police power, day will come when we will have to say that the governmental exercise of the executive authority under the Constitution is not in the proper range as provided for by law. The objecting private respondents appear to suggest that the unit is a near permanent one and needs licence under the D & O Rules. We leave it open to the Government or the Local Self Government Institution concerned to look into such aspects. At any rate, it is not for the High Court to resolve such disputes when the government also have in mind the need to complete the project by November, 2012.

With the aforesaid, this writ petition is dismissed leaving it to the Government and the Head of the Police Department to do the needful in accordance with law.

We do not think that any order could be passed without hearing the State/Government of Kerala as well as the KSTP which is the primary institution concerned with the project. At any rate, policing is not a matter to be run under the writs of this Court. It has to come from the executive; in terms of the police power of the State. Court would step in only when that is shown to have failed. The State Government and KSTP has to necessarily answer any situation which is pointed out by the petitioner. Without that being available, the writ court would not be justified in issuing any direction to the police as sought for.

Learned counsel for the petitioner seeks an adjournment to apply for impleadment of the State of Kerala/Government of Kerala, appropriate higher police officials and the KSTP authorities. Hence adjourned. Post when moved again.