Wegrow Scm Solutions v. Sub Inspector Of Police

W.P.(C).No.27290/21 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 28TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944 WP(C) NO. 27290 OF 2021 PETITIONER: WEGROW SCM SOLUTIONS 17/215A, VALLOM-KODAND ROAD, AIMURY, KOOVAPPADY P.O, PI -683544, ERNAKULAM DISTRICT, REPRESENTED BY ITS PROPRIETOR, MR NAGENDRAN RAMACHANDRAN. BY ADVS. JAGAN ABRAHAM M.GEORGE JAISON ANTONY RESPONDENTS: 1 SUB INSPECTOR OF POLICE, KODANADU, ERNAKULAM DISTRICT, PIN-683544. 2 CIRCLE INSPECTOR OF POLICE STATION HOUSE OFFICER, KODAND, ERNAKULAM DISTRICT, PIN-683544. 3 CITU (HEAD LOAD AND WORKERS UNION OF CITU), OFFICE OF CPI(M), AIMURY, KOOVAPPADY P.O, PIN-683544, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 4 INTUC (GENERAL WORKERS UNION OF INTUC), OFFICE OF INDIAN NATIONAL CONGRESS, NEAR POST OFFICE, AIMURY, KOOVAPPADY P.O, PIN-683544, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY.

W.P.(C).No.27290/21 2 5 KERALA STATE HEAD LOAD WORKERS WELFARTE BOARD SRM ROD, NEAR RAILWAY STATION, ERNAKULAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN- 682031. 6 THE ASSISTANT LABOUR OFFICER PERUMBAVOOR, PIN-683542. BY ADV S.KRISHNA MOORTHY OTHER PRESENT: T.K.SHAJAHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).No.27290/21 3 ANU SIVARAMAN, J. = = = = = = = = = = = = = = = W.P.(C).No.27290 of 2021 = = = = = = = = = = = = = = = = Dated this the 28th day of March, 2022 JUDGMENT 1.This writ petition is filed seeking the following reliefs:- “Issue a writ of mandamus or other appropriate writ or order or direction compelling the respondents 1 & 2 to render necessary, sufficient and effective police protection to the Managers, staff, workers, agents and suppliers, customers of the petitioner, their vehicles and also to its products/goods and properties enabling it to function its business smoothly including head loading activities in its premises named M/s.WeGrow SCM Solutions, 17/215A, Vallom- Kodanad Road, Aimury, Koovappady P.O., 683544, Ernakulam District and against the 3rd and 4th respondents and their workers and its members and their men and sympathizers.” 2.Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the 5th respondent. Though notice was taken out to respondents 3 and 4, there was no appearance for the said respondents.

W.P.(C).No.27290/21 4 3.It is submitted by the learned counsel for the petitioner that the petitioner owns an MSME concern and that the area is not a scheme covered area. However, it is submitted that respondents 3 and 4 are causing obstructions to the loading and unloading works in the petitioner's establishment, which is the reason why the writ petition was filed. 4.The learned counsel appearing for the 5th respondent also submits that the area in question is not a scheme covered area. 5.The learned Government Pleader submits that there is no law and order situation and that the petitioner does not face any obstructions for carrying out the activities in his premises. 6.Having considered the contentions advanced, this writ petition is disposed of with a direction that in case the petitioner faces any obstruction from respondents 3 and 4 or any other person for carrying out the loading and unloading works in his establishment, the petitioner may approach the 1st respondent

W.P.(C).No.27290/21 5 who shall afford adequate protection for the same. Writ petition is ordered accordingly. Anu Sivaraman, Judge sj

W.P.(C).No.27290/21 6 APPENDIX OF WP(C) 27290/2021 PETITIONER EXHIBITS Exhibit P1OF THE UDAYAM REGISTRATION CERTIFICATE FROM THE GOVERNMENT OF INDIA BEARING REGISTRATION NO.UDYAM-KL-02- 0023305 DATED 28/09/2021. Exhibit P2OF THE TRADE LICENSE NO.448/2021-2022/A-4/07/2021 DATED 22/09/21, ISSUED FROM KOOVAPPADY GRAMA PANCHAYATH. Exhibit P3OF THE FORM C FSSAI LICENSE NO.11321007001526 DATED 25.09.2021, ISSUED BY GOVERNMENT OF KERALA. Exhibit P4OF THE GST REGISTRATION CERTIFICATE NO.32ADXPR1010RIZ3 DATED 28/09/21, ISSUED BY THE GOVERNMENT OF INDIA. Exhibit P5OF THE REGISTRATION CERTIFICATE DATED 30.09.21 ISSUED BY THE ASSISTANT LABOUR OFFICER, PERUMBAVOOR. Exhibit P6OF THE IDENTITY CARDS DAEKSHMANAN AND ABI SHAJI UNDER RULE 26A OF THE KERALA WORKERS RULES, 1978. Exhibit P7OF THE PETITION DATED 25.11.2021 SUBMITTED TO RESPONDENT NOS.1 Exhibit P7(A)OF THE PETITION DATED 25.11.2021 SUBMITTED TO RESPONDENT NOS.