Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN MONDAY, THE 9TH DAY OF OCTOBER 2023 / 17TH ASWINA, 1945 WP(C) NO. 18604 OF 2023 PETITIONER:
M/S. PARAKOT ASSOCIATES CHELANNOOR, 4/58 C, KAKKOOR P.O. NANMANDA, KOZHIKODE-. REPRESENTED BY ITS MANAGING PARTNER SRI.
KUNHALI P.K., PIN - 673613 BY ADVS.
TERRY V.JAMES ABRAHAM KOLLINAL RAKHY BABY RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR AND SKILLS DEVELOPMENT DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM-., PIN - 695001 2 THE DISTRICT POLICE CHIEF KOZHIKODE RURAL, OFFICE OF THE DISTRICT POLICE CHIEF, KOZHIKODE-., PIN - 673101 3 THE STATION HOUSE OFFICER KAKKOOR POLICE STATION, BALUSSERRY ROAD, KOZHIKODE-, PIN - 673006 4 THE ASSISTANT LABOUR OFFICER KOZHIKODE CIRCLE-1, OFFICE OF THE ASSISTANT LABOUR OFFICER, ERANHIPALAM, CIVIL STATION, KOZHIKODE-, PIN - 673020 5 THE HEADLOAD WORKERS WELFARE FUND BOARD KOZHIKODE DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN, V.K. BUILDING, CHEROOTY ROAD, MANANCHIRA, KOZHIKODE-, PIN - 673001 6 SHAJI S/O VELUMPIRA, BMS WORKER, KAYALUMPARAKKAL HOUSE, KAKKOOR. P.O., KOZHIKODE-., PIN - 673613
WPC No.18604 of 2023 -: 2 :- 7 NITHIN ALAYAD S/O NOT KNOWN, CITU WORKER ALAYAD HOUSE, KAKKOOR. P.O., KOZHIKODE-., PIN - 673613 BY ADVS.
GOVERNMENT PLEADER K.S.ARUN KUMAR K.ABOOBACKER SIDHEEQUE RESMI THOMAS-GP S.KRISHNAMOORTHY-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Sathish Ninan, J.
============================== W.P(C) No.18604 of 2023 ========================== Dated this the 09th day of October, 2023 JUDGMENT The petitioner has approached this Court seeking police protection against respondents 6 and 7 from obstructing his business activities including loading and unloading.
2. Respondents 6 and 7 appear through counsel and submit that they are not obstructing with the business activities of the petitioner including loading and unloading.
3. It is not in dispute that the area involved is not a scheme covered area.
In the light thereof, it is ordered that if the petitioner approaches the 3rd respondent, necessary assistance of police shall be afforded for the smooth functioning of the business activities carried out by the petitioner including loading and
W.P(C) No.18604 of 2023 -: 2 :- unloading activities.
This writ petition is disposed of accordingly.
Sathish Ninan, Judge SVP
APPENDIX OF WP(C) 18604/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF LICENSE DATED 30.6.2022 ISSUED BY THE CHELANNOOR GRAMA PACHAYATH TO THE PETITIONER.
Exhibit P2 TRUE COPY OF GST CERTIFICATE DATED 24.11.2022 ISSUED BY THE STATE GST DEPARTMENT TO THE PETITIONER.
Exhibit P3 TRUE COPY OF REGISTRATION CERTIFICATE DATED 20.12.2022 UNDER THE KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit P4 TRUE COPY OF ATTENDANCE REGISTER MAINTAINED BY THE PETITIONER FOR THE PERIOD JULY 2022 TO MAY 2023.
Exhibit P5 TRUE COPY OF WAGE REGISTER MAINTAINED BY THE PETITIONER FOR THE PERIOD JULY 2022 TO APRIL 2023.
Exhibit P6 TRUE COPY OF TAX INVOICE E-WAY BILL NO.
551443537465 DATED 15.12.2022 ISSUED BY M/S. ROYALE ROOFINGS, KUTHUPARAMBU TO THE PETITOINER.
Exhibit P7 TRUE COPY OF APPLICATION FILED BY THE PETITIONER'S WORKERS FOR RULE 26A CARDS BEFORE THE 3RD RESPONDENT.
Exhibit P8 TRUE COPY OF ORDER NO. 12/2022 DATED 17.4.2023 OF THE 3RD RESPONDENT.
Exhibit P9 TRUE COPY OF APPEAL DATED 19.4.2023 FILED BY PETITIONER AND ITS WORKERS BEFORE THE 2ND RESPONDENT.
Exhibit P10 TRUE COPY OF ORDER NO. IR(1) 1946/ 2022 DATED 16.5.2023 OF THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF RECEIPT ISSUED BY THE 3RD RESPONDENT ACKNOWLEDGING RECEIPT OF THE COMPLAINT DATED 23.5.2023 FILED BY THE PETITIONER.
Exhibit P12 TRUE COPY OF COMPLAINT DATED 3.6.2023 ALONG WITH E-WAY BILL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AND THE RECEIPT ISSUED BY THE 3RD RESPONDENT.