Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944 WP(C) NO. 10458 OF 2021 PETITIONER:
MANAPURAM ROOFINGS XX/32, PANAMBILLY JN. CHALAKUDY, THRISSUR DISTRICT REPRESENTED BY ITS PROPRIETOR, CELINE JOHNY, W/O.K.P. JOHNY, AGED 59 YEARS, RESIDING AT KAITHARATH HOUSE, CHALAKUDY P.O.
CHALAKUDY VILLAGE, THRISSUR DISTRICT.
BY ADV P.M.ZIRAJ RESPONDENTS:
1 THE HEAD LOAD WORKERS UNION (CITU) POTTA UNIT, THRISSUR DISTRICT, PIN-680 722, REPRESENTED BY ITS SECRETARY.
2 THE KERALA STATE HEAD LOAD WORKERS WELFARE BOARD, THRISSUR DISTRICT COMMITTEE, THRISSUR 682001.
REPRESENTED BY ITS CHAIRMAN.
3 THE INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, THRISSUR DISTRICT 680 307.
4 THE DISTRICT POLICE CHIEF, THRISSUR, THRISSUR DISTRICT 680 001.
SRI.S.KRISHNA MOORTHY, SC, KHWWB T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10458 OF 2021 2 JUDGMENT Dated this the 2nd day of September, 2022 This writ petition is filed seeking the following prayers:
“(A) Issue a writ of mandamus or other appropriate writ, order or direction directing the third respondent to afford proper and adequate police protection to the petitioner, employees and also to the petitioner industry, machinery and vehicles from the threat of members and followers of first respondent and their henchmen for doing the loading and unloading works in the industry of petitioner through mechanized devices.
(ii) Direct the third respondent to take proper and adequate preventive action against members and followers of first respondent from causing any untoward incident against the petitioner” 2.
Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the 2nd respondent. Though notice was taken out to the 1st respondent and duly served, there is no appearance for the 1st respondent.
3.
An interim order had been passed on 27.04.2021 directing respondents 3 and 4 to afford adequate protection to the petitioner and its employees to carry out loading and unloading work using mechanical devices without interference from the 1st respondent or
WP(C) NO. 10458 OF 2021 3 anybody acting under them.
4.
It is submitted by the learned counsel for the petitioner that pursuant to the interim order granted, the work in the petitioner’s establishment is being carried out without any obstruction.
5.
The learned counsel appearing for the 2nd respondent submits that the area in question is a scheme covered area and that there are pool workers available in the locality.
In any view of the matter, I am of the opinion that in view of the fact that the petitioner seeks protection for carrying out the loading and unloading work by mechanical means, the fact that the area in question is a scheme covered area cannot stand in the way of such work being carried out by the petitioner. The interim order is therefore made absolute and the writ petition is closed.
Sd/- ANU SIVARAMAN JUDGE NP
WP(C) NO. 10458 OF 2021 4 APPENDIX OF WP(C) 10458/2021 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE UDYOG ADHAAR REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER MINISTRY OF KERALA MICRO SMALL MEDIUM ENTERPRISE UNDER MSME SCHEME OF GOVERNMENT OF KERALA DATED 23.7.2018.
EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE GOVERNMENT OF INDIA UNDER GST DATED 06.04.2019.
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE CHALAKUDY MUNICIPALITY DATED 25.02.2021 TOWARDS LICENSE FEE FOR D & O LICENSE OF PETITIONER.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 19.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT WITH COPY TO FOURTH RESPONDENT.
RESPONDENTS’ EXHIBITS: NIL