P.M.Nijaf vs. The Deputy Superintendent Of Police, Kattappana

WP(C)/14824/2020HC KeralaGSTCNR KLHC01037637202017 December 2021Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN5 pages
For Petitioner: C.K.PAVITHRAN, NEENU PAVITHRAN
AI SummaryAllowed

Held

The High Court, noting the unions' non-appearance, directed the Circle Inspector of Police to provide adequate and effective protection to the petitioner and his permanent employees for all business activities, including loading and unloading, without any interference from the respondent unions or their associates.

Facts

The petitioner, a retail spice merchant employing six permanent workers, sought police protection against three headload worker unions (respondents 3-5). The unions were allegedly obstructing his business and demanding their members be engaged for loading/unloading, despite the petitioner's complaint to the police yielding no action.

Key Issues

The primary legal issue was whether the petitioner was entitled to police protection against unlawful obstruction by headload worker unions, allowing him to conduct his business with his own permanent employees without interference.

AI-generated summary — verify with the full judgment below

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 petitione

The judgment continues below.

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