Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 17TH DAY OF DECEMBER 2021 / 26TH AGRAHAYANA, 1943 WP(C) NO. 14824 OF 2020 PETITIONER:
P.M.NIJAF AGED 50 YEARS S/O. MUHAMMED RAWTHER, PROPRIETOR, 'NIJAF SPICES', MARKET JUNCTION, KATTAPANA, RESIDING AT PUTHUPARAMBIL (H), PARAKADAVU, KATTAPANA VILLAGE, PIN-685 508.
BY ADVS.
C.K.PAVITHRAN NEENU PAVITHRAN RESPONDENTS:
1 THE DEPUTY SUPERINTENDENT OF POLICE, KATTAPPANA KATTAPPANA, PIN-685 508.
2 THE CIRCLE INSPECTOR OF POLICE KATTAPPANA POLICE STATION, KATTAPPANA, PIN-685 508.
3 HEAD LOAD AND TIMBER WORKERS UNION (CITU) REPRESENTED BY ITS AREA SECRETARY, SRI. TOMY GEORGE, KATTAPPANA, PIN-685 508.
4 HEAD LOAD AND GENERAL EMPLOYEES UNION INTUC (I), KATTAPPANA MEMBER KHWWB, REPRESENTED BY ITS BRANCH PRESIDENT SRI. THOMAS RAJAN, IDUKKI DISTRICT, PIN-685 508.
5 HEAD LOAD AND GENERAL MASDOOR SANGAM (BMS) REPRESENTED BY ITS VICE PRESIDENT SRI. S.G.MAHESH, IDUKKI DISTRICT, PIN-685 508.
SRI. E.C. BINEESH .G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14824 OF 2020 2 JUDGMENT The petitioner says that he is engaged in the business of retail sale of hill produce, in a shop at Kattappana and that all the works in the said establishment are being done by six permanent workers. He says that even though there is not much of loading and unloading activities in his shop, respondents 3 to 5 Unions are causing obstruction to the running of his business, saying that their members alone have the right to be engaged for such purpose therein. He says that since harassment from the said respondents became unbearable, he preferred Ext.P2 complaint seeking protection before the 1st and 2nd respondents; but that since no action has been taken thereon, he has been constrained to approach this Court through this writ petition.
2. I have heard Shri.C.K.Pavithran, learned counsel
appearing
for
the
petitioner
and Shri.E.C.Bineesh,
learned
Government
Pleader appearing for respondents 1 and 2.
WP(C) NO. 14824 OF 2020 3 3. Even though service of notices from this Court has been validly completed on respondents 3 to 5, they have chosen not to be present in person or to be represented through counsel; thus inferentially guiding me to the impression that they have nothing to offer in answer to the allegations made by the petitioner in this writ petition.
4. Shri.E.C.Bineesh, learned Government Pleader submitted that, on receipt of the complaint from the petitioner, he and his employees have been given adequate and effective protection by the Police; and that, consequently, there have been no untoward incidents reported thereafter.
Taking note of the afore submissions and since respondents 3 to 5 have chosen not to be present before this Court, I allow this writ petition; with a consequential direction to the 2nd respondent – Circle Inspector of Police, to afford adequate and effective protection to the petitioner and his permanent employees for carrying on every activity in his shop and establishment, including loading and
WP(C) NO. 14824 OF 2020 4 unloading, without any let or interference from respondents 3 to 5 Unions or then men or associates.
The 2nd respondent will also ensure that law and order is always maintained in the area where the petitioner is conducting his business, without any breach of peace being allowed by any of the party respondents or their men or associates in future.
Sd/- DEVAN RAMACHANDRAN JUDGE MC/21.12
WP(C) NO. 14824 OF 2020 5 APPENDIX OF WP(C) 14824/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED UNDER THE GST ACT, 2017 DATED 17.7.2018.
EXHIBIT P2 TRUE COPY OF THE PETITION DATED 18.7.2020.
EXHIBIT P3 TRUE COPY OF THE ATTENDANCE REGISTER FOR THE YEAR 2019.
EXHIBIT P4 TRUE COPY OF THE ATTENDANCE REGISTER JANUARY TO SEPTEMBER FOR THE YEAR 2020.