Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 12TH DAY OF DECEMBER 2022 / 21ST AGRAHAYANA, 1944 WP(C) NO. 39051 OF 2022 PETITIONER:
CEMTECH, 13/280 B, CHELANNUR, KUMARASWAMI, NANMANDA, KOZHIKODE- 673 616, REPRESENTED BY ITS MANAGING PARTNER, MR. SUBIN NAVAS.
BY ADVS.
TERRY V.JAMES ABRAHAM KOLLINAL RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GROUND FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM- 695001.
2 THE DISTRICT POLICE CHIEF, KOZHIKODE RURAL, OFFICE OF THE DISTRICT POLICE CHIEF, KOZHIKODE-673101.
3 THE STATION HOUSE OFFICER, KAKKOOR POLICE STATION, BALUSSERRY ROAD, KOZHIKODE- 673006.
4 THE ASSISTANT LABOUR OFFICER, KOZHIKODE 1 CIRCLE, OFFICE OF THE ASSISTANT LABOUR OFFICER, ERANHIPALAM, CIVIL STATION, KOZHIKODE-673020.
5 THE HEADLOAD WORKERS WELFARE FUND BOARD, KOZHIKODE DISTRICT COMMITTEE, REPRESENTED BY ITS CHAIRMAN, V.K. BUILDING, CHEROOTY ROAD, MANANCHIRA, KOZHIKODE-673001.
6 BASHEER A.K, CITU WORKER, S/O. ALI, OTHENAKULANGARA HOUSE, MORIKKARA, KAKKODI, KOZHIKODE- 673611.
7 HARIS A, CITU WORKER, S/O. ABOOBACKER, PULIKKAL HOUSE, MULLOLITHAZHAM, CHELAPRAM, KOZHIKODE- 673317.
8 VINOD V, CITU WORKER, S/O. VASU, KALLARACKAL HOUSE, KUMARASWAMI, CHELANNUR, KOZHIKODE- 673616.
BY ADV SHRI.K.S.ARUN KUMAR, SC, KERALA HEADLOAD WORKERS WELFARE BOARD - KHWWB BY SRI.T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.39051 OF 2022 2 JUDGMENT Dated this the 12th day of December, 2022 This writ petition is filed seeking the following reliefs:
“A. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd and 3rd Respondent to provide effective and adequate police protection to the Petitioner, its registered headload workers, staff, and employees enabling the Petitioner to carry on the business activities, loading and unloading of goods from vehicles coming to the shop/premises, any hindrance from the 6th to 8th Respondents and their supporters, agents or henchmen;
B. issue a writ of mandamus or any other appropriate writ, order or direction commanding 2nd and 3rd Respondent to provide effective and adequate police protection for ensuring free ingress and egress of persons and vehicles to the shop/premises of the Petitioner without any hindrance from the 6th to 8th Respondents their supporters, agents or henchmen;” 2.
Heard the learned counsel for the petitioner, the learned Government Pleader as well
W.P.(C)No.39051 OF 2022 3 as the learned counsel appearing for the Headload Workers Welfare Fund Board. Though notice was taken out to respondents 6 to 8 and duly served, there is no appearance for the said respondents.
3.
The learned Standing Counsel appearing for the Headload Workers Welfare Fund Board submits that the area where the petitioners establishment is located is not a scheme covered area.
In the above view of the matter, this writ petitions is closed, making the interim order absolute.
Sd/- ANU SIVARAMAN JUDGE SSK/12/12
W.P.(C)No.39051 OF 2022 4 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF AMENDED GST CERTIFICATE OF THE PETITIONER DATED 15.9.2022.
Exhibit P2 TRUE COPY OF LICENCE DATED 23.9.2022 ISSUED TO THE PETITIONER BY CHELANNOOR GRAMA PACHAYATH.
Exhibit P3 TRUE COPY OF ORDER DATED 12.11.2022 OF THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF RULE 26A CARDS ISSUED TO AMARNATH JANA AND RAVI KUMAR.
Exhibit P5 TRUE COPY OF COMPLAINT DATED 16.11.2022 FILED BY PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH RECEIPT DATED 16.11.2022.
SSK //TRUE COPY// PA TO JUDGE