Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 21ST DAY OF NOVEMBER 2023 / 30TH KARTHIKA, 1945 WP(C) NO. 26873 OF 2021 PETITIONER:
THOMAS KARUKAPARAMBIL JOSEPH AGED 48 YEARS S/O.JOSEPH K.V, 124A, AARSHA NAGAR, KANNIMEL, KAVANAD P.O., SAKTHIKULANGARA, KOLLAM DISTRICT, PIN-691003.
BY ADVS.
K.B.ARUNKUMAR T.S.SREEKUTTY RESPONDENTS:
1 THE CITY POLICE COMMISSIONER KOLLAM CITY, PIN-691001.
2 THE STATION HOUSE OFFICER SAKTHIKULANGARA POLICE STATION, KOLLAM, PIN-691003.
3 KERALA HEADLOAD WORKERS WELFARE BOARD REPRESENTED BY ITS DISTRICT COMMITTEE, IIND FLOOR, USHUS BUILDING, NEAR STONE BRIDGE, CHAMAKKADA, KOLLAM, PIN- 691001.
4 BHARATHIYA MANZOOR SANGH (BMS), MARUTHADI UNIT, KOLLAM-691003, REPRESENTED BY ITS CONVENOR.
5 CENTRE OF INDIAN TRADE UNION, (CITU), MARUTHADI UNIT, KOLLAM-691003 REPRESENTED BY ITS CONVENOR.
6 INDIAN NATIONAL TRADE UNION CONGRESS (INTUC) MARUTHADI UNIT, KOLLAM-691003, REPRESENTED BY ITS CONVENOR.
WP(C) NO. 26873 OF 2021 2 BY ADVS.
K.SIJU M.RAJESH OTHER PRESENT:
GP SRI SREEJITH V.S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26873 OF 2021 3 JUDGMENT Dated this the 21st day of November, 2023 This writ petition has been filed seeking police protection to the life and property of the petitioner to carry out loading and unloading works in the establishment.
2.
The petitioner is conducting wholesale distribution business and his godown situated adjacent to the residential building of the petitioner. The workers attached to respondents 4 to 6 used to trespass into the property of the petitioner for loading and unloading work. The petitioner had filed Exts.P2 and P3 complaints before the 2nd respondent. But, no steps had been taken against the said complaint. Hence, this writ petition is filed to prevent violence and unlawful activities by the respondents 3.
The learned Standing counsel for the 3rd respondent submits that the area where the establishment is situated is not
WP(C) NO. 26873 OF 2021 4 a scheme-covered area. There was an interim order on 29.11.2021 wherein it is stated that if the area is not a scheme- covered area, the 2nd respondent is to afford adequate protection to the petitioner and his employees for carrying on loading and unloading activities in the establishment.
Therefore this Writ petition is disposed of making the interim order absolute.
Sd/- BASANT BALAJI, JUDGE SRJ
WP(C) NO. 26873 OF 2021 5 APPENDIX OF WP(C) 26873/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF GST BEARING NO.32ACKPJ0070BIZD.
Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.10.2021.
Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 18.11.2021.