Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946 WP(C) NO. 8245 OF 2024 PETITIONERS:
1 ANTONY G K AGED 32 YEARS S/O.SIBY K THOMAS, RESIDING AT 502 NATIONAL EXCELLENCY, KALAVATH ROAD, PALARIVATTOM, DIRECTOR AND AUTHORIZED SIGNATORY OF M/S RIGHT POINT INFRASTRUCTURE PVT LTD.
BUILDING NO 362, WARD 4, KIZHAKKAMBALAM, KARUKULAM, PIN - 682025 2 M/S RIGHT POINT INFRASTRUCTURE PVT LTD., BUILDING NO 362, WARD 4, KIZHAKKAMBALAM, KARUKULAM-, REPRESENTING DIRECTOR AND AUTHORIZED SIGNATORY, ANTONY G. K , AGED 32 YEARS , S/O.SIBY K THOMAS, RESIDING AT 502 NATIONAL EXCELLENCY, KALAVATH ROAD, PALARIVATTOM, PIN - 683562 BY ADVS.
P.SATHISAN DONA AUGUSTINE JAVED HAIDER ABHIRAM SUNISH SHIBU B.S BIJU P.PAUL SOORYA MARIYA KURIAN RESPONDENTS:
1 STATION HOUSE OFFICER THADIYITTAPARAMBU POLICE STATION, SOUTH VAZHAKKULAM P.O.,CHEMBARAKKY, ERNAKULAM-, PIN - 683105 2 SECRETARY KERALA HEADLOAD WORKERS WELFARE BOARD, SRM ROAD, ERNAKULAM NORTH, KALOOR, ERNAKULAM, PIN - 682018 3 PRINCIPAL SECRETARY HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, MG ROAD, PALAYAM, THIRUVANANTHAPURAM., PIN - 695001 4 GOPI AGE AND FATHER'S NAME NOT KNOWN TO PETITIONER, NEAR ST MARY'S CHURCH, VILANGU P O, KARUKULAM, KIZHAKKAMBALAM, PIN - 683561
WP(C) NO. 8245 OF 2024 2 BY ADV K.S.ARUN KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8245 OF 2024 3 JUDGMENT When this matter was heard on 04.03.2024, a learned Judge of this Court passed the following interim order:
“The learned Government Pleader takes notice for respondents 1 and 3.
The learned Standing Counsel takes notice for the 2nd respondent. Issue notice by speed post to the 4th respondent.
The learned Standing Counsel submits that the warehouse where the loading and unloading activities are carried out is situated in an area where the Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983, has not been implemented. The petitioner also asserts that he has his own attached workers who are carrying out the work, which requires certain amount of skill.
In that view of the matter, there will be an interim order as prayed for, for a period of four weeks.
Post on 01.04.2024.”
WP(C) NO. 8245 OF 2024 4 2.
Today, it is conceded by both sides that the afore interim order can be confirmed; and that this writ petition can be disposed of on such terms.
3.
The endorsement on the files shown that the 4th respondent has been served validly through a messenger deputed by this Court, however, he has chosen not to be present in person or to be represented through a counsel;
thus inferentially guiding me to the impression that he has nothing to offer in opposition to the reliefs claimed by the petitioner.
In the afore circumstances, I allow this writ petition, confirming the afore interim order; with a consequential direction to the police to ensure that the petitioner and their employees are given adequate and effective protection as ordered, without anyone being
WP(C) NO. 8245 OF 2024 5 allowed to breach peace or to take law into their own hands.
Needless to say, however, any legal remedy of the 4th respondent is left open, without being decided in this writ petition.
Sd/- DEVAN RAMACHANDRAN JUDGE SAS
WP(C) NO. 8245 OF 2024 6 APPENDIX OF WP(C) 8245/2024 PETITIONERS’ EXHIBITS:
Exhibit P1 TRUE COPY OF THE PROPERTY TAX RECEIPT NO.1230407456/G070503 DATED 03.01.2024 ISSUED BY KIZHAKKAMBALAM GRAMA PANCHAYAT, IN THE NAME OF SRI. SIBY K THOMAS FATHER OF THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF LEASE AGREEMENT EXECUTED BETWEEN THE 1ST PETITIONER AND HIS FATHER SRI SIBY K THOMAS DATED 01.01.2024 Exhibit P3 TRUE COPY OF THE LICENSE NO.472/2024/C2- 1073/2024 DATED 20.02.2024 ISSUED BY KIZHAKKAMBALAM GRAMA PANCHAYAT TO THE 1ST PETITIONER FOR RUNNING THE 2ND PETITIONER COMPANY FOR A PERIOD FROM 17.02.2024 TO 31.03.2024 Exhibit P4 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 27.02.2024 ISSUED BY GOVERNMENT OF INDIA TO THE 2ND PETITIONER COMPANY Exhibit P5 TRUE COPY OF PHOTOGRAPHS SHOWING THE WAREHOUSE NAME AND BUILDING Exhibit P6 TRUE COPY OF THE RELEVANT EXTRACTION OF APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED BY ONE JYOTHI V. ON 31.01.2024 Exhibit P6(a) TRUE COPY OF APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED BY ONE RAHUL E R ON 31.01.2024 Exhibit P6(b) TRUE COPY OF APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED BY ONE LIBIN JOHN ON 31.01.2024 Exhibit P6(c) TRUE COPY OF APPLICATION FOR REGISTRATION OF HEADLOAD WORKERS SUBMITTED BY ONE BAIJU K V ON 31.01.2024 Exhibit P7 TRUE COPY OF THE COMPLAINT/ REQUEST DATED 31.01.2024 SUBMITTED BEFORE THE 1ST RESPONDENT FOR NECESSARY POLICE PROTECTION FOR THE ACTIVITIES OF PETITIONER Exhibit P7(a) TRUE COPY OF THE ACKNOWLEDGEMENT THEREOF A DATED 31.01.2024