Nissam Abdul Rehiman Kunju vs. Inspector Of Police (Sho)
Held
The Court found the partnership deed questionable, noting the firm was not registered and trade licenses were issued to the 1st petitioner as a proprietary concern. It held that the dispute regarding the bona fide existence of the partnership and the right to work falls under Section 21 of the Headload Workers Act and cannot be resolved in a writ petition.
Facts
Petitioners, claiming to be partners of M/s. Pioneers Tiles and Granites, sought police protection to perform loading and unloading work themselves, alleging obstruction by headload workers (respondents 3-5). The respondents contended that the partnership deed was a sham, the firm was unregistered, and the area was a scheme-implemented area with registered headload workers.
Key Issues
Whether the petitioners, claiming to be partners of a firm, are entitled to police protection for self-loading/unloading activities, or if the dispute regarding the bona fides of the partnership and the right to work should be resolved under the Kerala Headload Workers Act.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 30TH DAY OF AUGUST 2022 / 8TH BHADRA, 1944 WP(C) NO. 18590 OF 2022 PETITIONERS: 1 NISSAM ABDUL REHIMAN KUNJU, AGED 50 YEARS S/O REHIMAN KUNJU, RESIDING AT KATHUNGAL PADA NORTH . PO ,KARUNAGAPALLY TALUK, KOLLAM DISTRICT PARTNER, M/S PIONEERS TILES AND GRANITES", HEAD OFFICE IN BUILDING NO KSP /XIV/1383 & BRANCH IN KSP /V/687 PUTHIYAKAVU IN KULASEKHARAPURAM, PIN CODE 690544. 2 NISSAMUDEEN, AGED 40 YEAR, S/O IBRAHIM KUTTY, VAYALIL THARAYIL, KATTILKADAVU P.O., ADINAD SOUTH, KARUNAGAPALLY, PIN CODE 690542. 3 ABDUL JUNAID.S., S/O SUBERKUTTY AGED 40 YEARS, RESIDING AT PULIVELI VADAKKETHARA, MUKUNDAPAURAM P.O., MADAPALLY ,CHAVARA, PIN CODE 691585. 4 SHEMEER, S/O YOUSAF KUNJU AGED 36 YEARS, KANDASSERIVADAKKATHIL, KATTILKADAVU, KATTILKADAVU ,ADINAD SOUTH, PIN CODE 690542. 5 NAZIM, S/O YOUNUS KUTTY ,AGED 35 YEARS, RESIDING AT THOPPITHARA, KATTILKADAVU ,ADINAD SOUTH PIN CODE 690542. SUKESAR KAPAR S/O VISUNI KAPAR, AGED 46 YEARS, APARTMENT NO 348/B, PADA NORTH, KARUNAGAPALLY, PIN CODE NO 690544. 7 ABDUL SALEEM, S/O SAINUDEEN KUNJ
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