Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944 WP(C) NO. 21382 OF 2020 PETITIONER:
MUHAMMED SHANEEJ P.
AGED 34 YEARS S/O MUHAMMED ALI, POOZHIKUTH HOUSE, MANJERI, MALAPPURAM DISTRICT.
BY ADV BABU S. NAIR RESPONDENTS:
1 THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM CITY, HIRUVANANTHAPURAM, PIN-695001.
2 THE STATION HOUSE OFFICER VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN-695521.
3 THE HEADLOAD WORKERS WELFARE FUND BOARD, DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT, PIN-695001.
4 THE SECRETARY HEADLOAD WORKERS UNION (CITU), PALAYAM, THIRUVANANTHAPURAM PIN-695035.
5 THE PRESIDENT HEADLOAD WORKERS UNION (INTUC), VIZHINJAM, NENGANOOR, THIRUVANANTHAPURAM PIN-695523.
BY ADV SRI.THOMAS ABRAHAM BY SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.21382 OF 2020 2 JUDGMENT Dated this the 22nd day of December, 2022 This writ petition is filed seeking the following relief:
“i) Issue a Writ of Mandamus of any other appropriate writs, order or directions commanding the respondents 1 and 2 to afford adequate, effective and meaningful protection to do all the activities of the petitioner including loading and unloading of articles using his own employees without any threat or obstruction from the respondents 4 and 5 or men acting under them forthwith.” 2.
Heard the learned counsel for the petitioner, the learned counsel appearing for the Board as well as the learned Government Pleader.
3. It is submitted that the area in question is not a scheme covered area.
W.P.(C)No.21382 OF 2020 3 In the above view of the matter, even though service of notice on respondents 4 and 5 is not complete, the writ petition is closed, making the interim order absolute.
Sd/- ANU SIVARAMAN JUDGE SSK/20/12
W.P.(C)No.21382 OF 2020 4 APPENDIX PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE MASTER SERVICES AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND M/S AMAZON TRANSPORTATION SERVICES PVT LTD. DATED 3.1.2019.
EXHIBIT P2 TRUE COPY OF THE RENT AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND ONE RANJITH MOHAN T.N. DATED 1.10.2020.
EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED UNDER THE GST ACT DATED 18.4.2018.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, DT, 8/10/2020.
EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P (C0 NO.16941/2020 DT.
24.08.2020.
SSK //TRUE COPY// PA TO JUDGE