Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN WEDNESDAY, THE 7TH DAY OF DECEMBER 2022 / 16TH AGRAHAYANA, 1944 WP(C) NO. 31072 OF 2022 PETITIONER:
MOITHEENSHA AGED 43 YEARS S/O MEERAN, PLAKKUDIYIL HOUSE, PEZHAKKAPPALLI P.O., MULAVOOR VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN - 688673 BY ADVS.
P.K.SREEVALSAKRISHNAN S.UNNIKRISHNAN (NELLAD) K.R.PRATHISH MANJUSHA M NAIR GIFFIN SHALOO RESPONDENTS:
1 STATION HOUSE OFFICER CHADAYAMANGALAM POLICE STATION, CHADAYAMANGALAM, KOLLAM DISTRICT, PIN - 691534 2 KERALA HEADLOAD WORKERS WELFARE BOARD KOLLAM USHUS BUILDING, ANDAMUKKAM, KOLLAM DISTRICT REP. BY ITS CHAIRMAN, PIN - 691001 3 PRAKASH KAITHAKKATTIL, CHARUVILA PUTHENPURA VEED, ELAVAKKODE, CHADAYAMANGALAM KOLLAM DISTRICT,, PIN - 691534 4 SALAHUDHEEN INTUC MANDALAM PRESIDENT, CHADAYAMANGALAM, KOLLAM DISTRICT, PIN - 691534 5 VIKRAMAN N KUNNUVILA VEEDU @CHARIVELA VEEDU,
WP(C) NO. 31072 OF 2022 2 KALLUMALA, CHADAYAMANGALAM, KOLLAM DISTRICT, PIN - 691534 BY ADVS.
S.KRISHNAMOORTHY KARTHIK J SEKHAR K.SIJU B.MOHANLAL P.S.PREETHA REJI MATHEW KAVALAYIL T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31072 OF 2022 3 JUDGMENT Dated this the 7th day of December, 2022 This writ petition is filed seeking police protection for the life and property of the petitioner and for the business in the name Saj Traders and also to the loading and unloading of the wooden logs by petitioner and his employees as a part of the petitioner's business.
2. Heard the learned counsel for the petitioner, the learned Government Pleader, the learned counsel appearing for the Welfare Board as well as the learned counsel appearing for respondents 3 to 5.
3. It is submitted by the learned counsel for the petitioner that the petitioner is running a business establishment in an area which is not covered by an operational scheme under the Headload Workers Act and that respondents 3 to 5 are obstructing the loading and unloading activity being carried out by the petitioner with his own workmen.
4.
An interim order was passed on 30/9/2022 directing that
WP(C) NO. 31072 OF 2022 4 in case of any obstruction by respondents 3 to 5, the Station House Officer shall afford adequate police protection to the petitioner for carrying out the legally permitted activities with his own workers.
The interim order has remained in force.
5. The learned counsel appearing for the respondent Board submits that there is a proposal to extend the scheme to the area where the petitioner is conducting his establishment and that the District Committee of the Board has decided on 31/10/2022 to notify the area, where the petitioner's establishment is situated, also as a scheme implemented area.
6. The learned counsel for the respondents 3 to 5 submit that they have been issued with identity cards under Rule 26(A) of the HeadLoad Workers Rules and under the provisions of the Scheme and that therefore they are entitled to carry out the loading and unloading activity in the area in question.
7. Having considered the contentions advanced and in view of the specific contention raised by the petitioner that the establishment of the petitioner is situated in an area where presently no operational scheme is in force, I am of the opinion that
WP(C) NO. 31072 OF 2022 5 the interim order is liable to be continued.
This writ petition is therefore disposed of making the interim order absolute. However, once the scheme is duly notified, appropriate steps in accordance with law shall be taken in the matter. All other contentions are left open.
This writ petition is ordered accordingly.
Sd/- ANU SIVARAMAN JUDGE ska
WP(C) NO. 31072 OF 2022 6 APPENDIX OF WP(C) 31072/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LEASE DEED EXECUTED IN BETWEEN THE PETITIONER AND MADHUSOODHANAN PILLAI Exhibit P2 TRUE COPY THE GST REGISTRATION CERTIFICATE DATED 17.07.2018 Exhibit P3 TRUE COPY OF THE LICENCE DATED 22.09.2022 ISSUED BY THE CHADAYAMANGALAM GRAMA PANCHAYAT Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 23.08.2022 Exhibit P5 TRUE COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 23.08.2022 RESPONDENT EXHIBITS Exhibit R4(a) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/3128/01 ISSUED TO SRI.K.P.VISWANADHAN BY THE ASST.LABOUR OFFICER, KOTTARAKKARA Exhibit R4(b) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/4389/02 ISSUED TO SRI.K.ARJUNAN BY THE ASST.LABOUR OFFICER, KOTTARAKKARA Exhibit R4(c) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/3129/01 ISSUED TO SRI.VIKRAMAN.N BY THE ASST.LABOUR OFFICER, KOTTARAKKARA Exhibit R4(d) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/4398/02 ISSUED TO SRI.PRASAD.A BY THE ASST.LABOUR OFFICER,
WP(C) NO. 31072 OF 2022 7 KOTTARAKKARA Exhibit R4(e) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/4400/02 ISSUED TO SRI.BIJU BY THE ASST.LABOUR OFFICER, KOTTARAKKARA Exhibit R4(g) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/3136/01 ISSUED TO SRI.NIZAM BY THE ASST.LABOUR OFFICER, KOTTARAKKARA.A Exhibit R4(H) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/4391/02 ISSUED TO SRI.B UNNI BY THE ASST.LABOUR OFFICER, KOTTARAKKARA Exhibit R4(I) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/4382/02 ISSUED TO SRI.A.SATHYASEELAN BY THE ASST.LABOUR OFFICER, KOTTARAKKARA Exhibit R4(j) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/4381/02 ISSUED TO SRI.SURENDRAN BY THE ASST.LABOUR OFFICER, KOTTARAKKARA Exhibit R4(k) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/3133/01 ISSUED TO SRI.
PRAKASH.A BY THE ASST.LABOUR OFFICER, CHADAYAMANGALAM Exhibit R4(l) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/5383/02 ISSUED TO SRI.A.
LAKSHMANAN BY THE ASST.LABOUR OFFICER, KOTTARAKKARA Exhibit R4(M) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/3135/01 ISSUED TO SRI.
VASU.P BY THE ASST.LABOUR OFFICER, KOTTARAKKARA
WP(C) NO. 31072 OF 2022 8 Exhibit R4(N) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/5385/02 ISSUED TO SRI.R.
SAJEEV BY THE ASST.LABOUR OFFICER, KOTTARAKKARA Exhibit R4(O) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/4873/02 ISSUED TO SRI.
PRADEEP BY THE ASST.LABOUR OFFICER, KOTTARAKKARA Exhibit R4(p) THE TRUE COPY OF THE IDENTITY CARD IN REGISTRATION NO.02/05/5388/02 ISSUED TO SRI.
A.CHELLAPPAN BY THE ASST.LABOUR OFFICER, KOTTARAKKARA Exhibit R4(q) THE TRUE COPY OF THE COMPLAINT DATED 16/8/2022 FILED BY THE 4TH RESPONDENT BEFORE THE ASST.LABOUR OFFICER, CHADAYAMANGALAM Exhibit R4(r) THE TRUE COPY OF THE COMPLAINT FILED BY 4TH RESPONDENT BEFORE THE DISTRICT LABOUR OFFICER, KOLLAM DATED 24/8/2022