Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946 WP(C) NO. 6280 OF 2021 PETITIONER:
TOM JAMES, PROPRIETOR, V.T.J ASSOCIATES, KM 30/140, SUVARNAGIRI, KATTAPPANA BY ADVS. PHILIP J.VETTICKATTU SMT.SAJITHA GEORGE RESPONDENTS:
1 THE STATION HOUSE OFFICER KATTAPPANA POLICE STATION,IDUKKI-685508.
2 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, IDUKKI, PAINAVU-685602.
3 HEAD LOAD AND TIMBER WORKERS UNION(CITU), CPIM OFFICE, BUILDING NO.1341/17, KUNTHALAMPARA ROAD,KATTAPPANA,IDUKKI-685508, REPRESENTED BY ITS CONVENER.
4 IDUKKI DISTRICT HEAD LOAD AND GENERAL MASDOOR SANGAM(BMS), THOPPIL BUILDING,BUILDING NO.1135/17, KUNTHALAMPARA ROAD,MARKET JUNCTION, KATTAPPANA,IDUKKI,PIN-685508,REPRESENTED BY ITS CONVENER.
5 PRINCE, HEAD LOAD KATTAPANA TOWN UNIT,OZHUKAYIL BUILDING,BUILDING NO.17/1972,CHENATTUMATTAM JUNCTION,KATTAPPANA.H.O,IDUKKI-685508.
6 JAIMON GOPI, HEADLOAD KATTAPPANA TOWN UNIT, OZHUKAYIL BUILDING,BUILDING NO.17/1972, CHENNATTUMATTAM,CHENNATTUMATTAM JUNCTION,
WP(C) 6280/2021 -2- KATTAPPANA.H.O,IDUKKI-685508.
7 VISHNU, HEADLOAD KATTAPPANA TOWN UNIT, OZHUKAYIL BUILDING,BUILDING NO.17/1972, CHENNATTUMATTAM,CHENNATTUMATTAM JUNCTION, KATTAPPANA.H.O,IDUKKI-685508.
8 LIJO, HEADLOAD KATTAPPANA TOWN UNIT, OZHUKAYIL BUILDING,BUILDING NO.17/1972, CHENNATTUMATTAM,CHENNATTUMATTAM JUNCTION, KATTAPPANA.H.O,IDUKKI-685508.
9 SURESH, HEADLOAD KATTAPPANA TOWN UNIT, OZHUKAYIL BUILDING,BUILDING NO.17/1972, CHENNATTUMATTAM,CHENNATTUMATTAM JUNCTION, KATTAPPANA.H.O,IDUKKI-685508.
10 THE KERALA HEADLOAD WORKERS WELFARE BOARD, IDUKKI DISTRICT, REPRESENTED BY ITS CHAIRMAN, DISTRICT OFFICE, IDUKKI, THODUPUZHA-685 584.
*11 ADDL.R11 THE ASSISTNT LABOUR OFFICER, NEDUMKADAM *12 ADDL.R12 THE DISTRICT LABOUR OFFICER, ERNAKULAM, OFFICE OF THE DISTRICT LABOUR OFFICER, VAZHAKKALA, KAKKANAD-682030 ARE IMPLEADED AS PER ORDER DATED 31.03.2021 IN IA 1/2021 13 ADDL R13 M.K.DAS (SOUGHT TO BE IMPLEAD) 14 ADDL.R14.SIBY GEORGE (SOUGHT TO BE IMPLEADED) BY ADVS. SRI.BIJU .C. ABRAHAM SRI.S.KRISHNA MOORTHY, SC, KHWWB OTHER PRESENT:
GP SRI. RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 6280/2021 -3- JUDGMENT (Dated this the 23rd day of July 2024) The writ petition is filed for the following reliefs:
“i) Issue a Writ of Mandamus or such other writ, order or direction directing respondents 1 and 2 to grant adequate and effective police protection to the life and property of the petitioner, and his workers, staff and also to ensure the smooth functioning of the shop of the petitioner without any threat/violence/interference/disruption/ disturbance from the respondents 3 to 9 or anyone under them;
ii) Issue a Writ of Mandamus or such other writ, order or direction directing respondents 1 and 2 to grant adequate and effective police protection so as to ensure that smooth ingress
and
egress
of
the
petitioner/his workers/customers/vehicles to the shop of the petitioner;
iii) Issue a Writ of Mandamus or such other writ, order or direction directing respondents 1 and 2 to grant adequate and effective police protection so as to ensure that the petitioner may able to carry out the loading and unloading works without being any interference/disturbance/disruption from respondents 3 to 9 or anybody under them;” 2.
On 12.03.2021, there was an interim order directing the 1st respondent, Station House Officer to take necessary steps to ensure that there is no threat to law and order in the locality. Thereafter, on 08.04.2021 also, an interim order was
WP(C) 6280/2021 -4- passed, which reads as follows:
“It is made clear that the interim order granted by this Court on 12.03.2021, directing the 1st respondent Station House Officer to maintain law and order in the locality, will not entitle the petitioner to engage any unregistered workers for loading and unloading activities in his establishment. The headload workers under respondents 3 to 6 shall not cause any obstructions whatsoever to the loading and unloading activities in the petitioner's establishment by engaging the registered headload workers holding Exts.P3, P3(a) and P3(b) identity cards.” Having heard the counsel for the petitioner and the learned Government Pleader, I am of the opinion that no prejudice will be caused to the respondents if the interim order is made absolute. Therefore, the interim order dated 08.04.2021 is made absolute.
The writ petition is allowed.
Sd/- BASANT BALAJI JUDGE JS
WP(C) 6280/2021 -5- APPENDIX OF WP(C) 6280/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF LICENSE DATED 6/1/2021 ISSUED BY THE KATTAPANA MUNICIPALITY TO THE PETITIONER EXHIBIT P2 TRUE COPY OF GST REGISRATION CERTIFICATE DATED 13/1/2021 ISSUED TO THE PETITIONER EXHIBIT P3 TRUE COPY OF IDENTITY CARD OF THE PERMANENT REGISTERED WORKER OF THE PETITIONER EXHIBIT P3(A) TRUE COPY OF IDENTITY CARD OF THE WORKER OF THE PETITIONER EXHIBIT P3(B) TRUE COPY OF IDENTITY CARD OF THE WORKER OF THE PETITIONER EXHIBIT P4 PHOTOS OF MISCREANTS WHO CAME TO THE SHOP ON 6.3.2021 EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIOENER BEFORE THE 1ST RESPONDENT WITH RECEIPT EXHIBIT P6 PHOTOS SHOWING THE MEN OF RESPONDENTS 3-9 ROAMING AROUND THE SHOP OF THE PETITIONER ON 8.3.2021 EXHIBIT P7 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 8.3.2021 WITH RECEIPT EXHIBIT P8 TRUE COPY OF COMPLAINT DT.16.3.2021 ALONG WITH RECEIPT ISSUED FROM THE POLICE STATION.
RESPONDENTS EXHIBITS EXT.R3(A) TRUE COPIES OF THE IDENTITY CARD ISSUED UNDER 6A TO RESPONDENT NO. 5 EXT.R3(B) TRUE COPIES OF THE IDENTITY CARD ISSUED UNDER 6A TO RESPONDENT NO. 6 EXT.R3(C) TRUE COPIES OF THE IDENTITY CARD ISSUED UNDER 6A TO RESPONDENT NO. 7 EXT.R3(D) TRUE COPIES OF THE IDENTITY CARD ISSUED UNDER 6A TO RESPONDENT NO. 8
WP(C) 6280/2021 -6- EXT.R3(E) TRUE COPIES OF THE IDENTITY CARD ISSUED UNDER 6A TO RESPONDENT NO. 9 EXT.R3(F) TRUE COPY OF THE APPEAL DATED 10/3/2021 BEFORE THE DISTRICT LABOUR OFFICER, THODUPUZHA EXT.R3(G) TRUE COPY OF THE WORK CARD ISSUED TO THE WORKERS OF RESPONDENT NOS. 3 & 4 EXT.R10(A) TRUE COPY OF THE WORK CARD OF SABARI INDUSTRIES SITUATED IN SUVARNAGIRI EXT.R10(B) TRUE COPY OF ORDER BY IDUKKI CHAIRMAN ON 23.11.2022 EXT.R10(C) TRUE COPY OF 6A CARDS ISSUED TO POOL NO.2 REGISTERED WORKERS EXT.R10(D) TRUE COPY OF APPEAL FILED BY THE IDUKKI DC CHAIRMAN TO DLO ON 10.03.2021.