Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 29TH DAY OF AUGUST 2022 / 7TH BHADRA, 1944 WP(C) NO. 21386 OF 2021 PETITIONER:
JTS BRICKS AND TILES POOVATHINGAL, PRAIYARAM P.O, CHALAKUDY REPRESENTED BY ITS PROPRIETOR, STEPHEN P.A, S/O. P.L ANTONY, AGED 54 YEARS, POTTAKARAN, PARIYARAM P.O, PARIYARAM VILLAGE, THHRISSUR DISTRICT.
BY ADVS.
P.M.ZIRAJ IRFAN ZIRAJ RESPONDENTS:
1 HEAD LOAD AND GENERAL WORKERS UNION (CITU) REGISTRATION NO. 317/83, POOVATHINGAL, THRISSUR DISTRICT, PIN 680 721 REPRESENTED BY ITS SECRETARY 2 THE KERALASTATEHEAD LOAD WORKERS WELFARE BOARD THRISSUR DISTRICT COMMITTEE, ERNAKULAM 680 001 REPRESENTED BY ITS CHAIRMAN 3 THE ASSISTANT LABOUR OFFICER(A.L.O) THRISSUR, THRISSUR DISTRICT 680 001 4 SUB INSPECTOR OF POLICE, CHALAKKUDY POLICE STATION, THRISSUR DISTRICT, PIN 680 307 5 THE DEPUTY SUPERINTENDENT OF POLICE OF POLICE CHALAKKUDY, THRISSUR DISTRICT PIN 680 307 BY ADV SRI.S.KRISHNA MOORTHY, SC, KHWWB BY SRI.T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21386 OF 2021 2 JUDGMENT Dated this the 29th day of August, 2022
This writ petition is filed seeking the following reliefs:
“1. Issue a writ of mandamus or any other appropriate writ, order or direction to the fourth and fifth respondents to grant sufficient and adequate police protection to the life and property of the petitioner. Its proprietor, employees, vehicles and machinery from the threat of first respondent, its members and their henchmen for doing the loading and unloading works in the industry of petitioner.
2. Direct the fourth and fifth respondents to take proper preventive action against the first respondent. Its members and the benchmen from causing any untoward incident against the proprietor of petitioners its employees, vehicles and equipments on the basis of Exhibit P12 complaint submitted by the petitioner.
3. Direct the third respondent to consider and dispose exhibit P7 to P11 applications submitted by the employees of petitioner within a reasonable period which this honourable court may deem fit and proper in the interest of justice and circumstances of the case.” 2.
Heard the learned counsel for the petitioner,
WP(C).No.21386 OF 2021 3 the learned Standing Counsel appearing for respondents 1 and 2 as well as the learned Government Pleader appearing for respondents 3 to 5.
3.
It is submitted by the learned counsel for the respondents that the area in question is not a scheme covered area. It is submitted that interim orders had also been passed in the matter directing effective protection to be afforded by the police.
In the above view of the matter, this writ petition is closed, making the interim order absolute. In case of any further need, the petitioner may approach the Station House Officer, who shall continue to afford adequate protection, as found necessary.
Sd/- ANU SIVARAMAN JUDGE SSK/29/08
WP(C).No.21386 OF 2021 4 APPENDIX PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENCE ISSUED BY FROM PARIYARAM GRAMA PANCHAYATH DATED 1-4-2020 Exhibit P2 TRUE COPY OF THE RECEIPT DATED 10-03- 2021 ISSUED BY THE PARIYARAM GRAMA PANCHAYATH TOWARDS RECEIPT OF LICENCE FEE Exhibit P3 TRUE COPY OF THE CONSENT TO OPERATE DATED 18-11-2018 ISSUED FROM THE KERALA STATE POLLUTION CONTROL BOARD Exhibit P4 TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 27-02-2020 Exhibit P5 TRUE COPY OF THE ACKNOWEDGMENT DATED 30-06-2009 ISSUED BY THE MANAGER, DISTRICT INDUSTRIES CENTRE, THRISSUR Exhibit P6 TRUE COPY OF THE NOTICE DATED 4-09- 2021 ISSUED BY THE FIRST RESPONDENT Exhibit P7 TRUE COPY OF THE APPLICATION DATED 10-09-2021 SUBMITTED BY THE EMPLOYEE OF PETITIONER MR. SUNIL FOR IDEINTITY CARD Exhibit P8 TRUE COPY OF THE APPLICATION DATED 10-09-2021 SUBMITTED BY THE EMPLOYEE OF PETITIONER MR. HANCE STEVE FOR IDEINTITY CARD Exhibit P9 TRUE COPY OF THE APPLICATION DATED 10-09-2021 SUBMITTED BY THE EMPLOYEE OF PETITIONER MR. SAJU FOR IDENTITY CARD Exhibit P10 TRUE COPY OF THE APPLICATION DATED 10-09-2021 SUBMITTED BY THE EMPLOYEE OF PETITIONER MR. MAHAVIR EKKA FOR IDENTITY CARD Exhibit P11 TRUE COPY OF THE APPLICATION DATED 10-09-2021 SUBMITTED BY THE EMPLOYEE OF PETITIONER MR. AJITH EKKA FOR IDENTITY CARD.
Exhibit P12 TRUE COPY OF THE COMPLAINT DATED 11- 09-2021 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT WITH COPY TO FIFTH RESPONDENT.