Standard Steels vs. The Station House Officer
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 12TH DAY OF NOVEMBER 2021 / 21ST KARTHIKA, 1943 WP(C) NO. 22106 OF 2021 PETITIONER: STANDARD STEELS BRANCH AT THIRUNELLAI PALAYAM, 35/206, PRATHIBHA NAGAR, THIRUNELLAI PALAYAM, PALAKKAD 678 004 REPRESENTED BY ITS PARTNER SYED ANJUM NAVEED, S/O. S.H SHABEER, AGED 45 YEARS, AMANS, PATTANI STREET, PALAKKAD 678 014 BY ADVS. JACOB SEBASTIAN K.V.WINSTON ANU JACOB RESPONDENTS: 1 THE STATION HOUSE OFFICER PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD, PIN 678 013. 2 THE KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, A.M COMPLEX, T.B ROAD, PALAKKAD, PIN 678 014, REPRESENTED BY ITS DISTRICT OFFICER. 3 CENTRE FOR INDIAN TRADE UNIONS(CITU) HEAD LOAD WORKERS THIRUNELLAI PALAYAM UNIT, THIRUNELLAI PALAYAM, PALAKKAD 678 004, REPRESENTED BY ITS SECRETARY. BY ADV THOMAS ABRAHAM OTHER PRESENT: SRI.E C.BINEESH - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 22106 OF 2021 2 JUDGMENT The petitioner, which is stated to be a Firm engaged in the trading of steel and other allied products, have approached this Court alleging that respondent No.3 Union and their men and associates are obstructing their permanent workers from carrying on the loading and unloading activities in their establishment. They say that when the obstruction continued unabated, they were forced to approach the 1st respondent- Station House Officer, through Ext.P2, seeking protection; but that since no action was taken thereon, they have been constrained to approach this Court through this writ petition.
I have heard Shri.Jacob Sebastian, learned counsel appearing for the petitioner; Shri.Thomas Abraham, learned Standing Counsel appearing for the 2nd respondent - Board and Shri.E.C.Bineesh, learned Government Pleader appearing for respondent No.1. 3. Even though service of notice has been completed on the 3rd respondent validly from this Court, they have chosen not to be present in
WP(C) NO. 22106 OF 2021 3 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.
Shri.Thomas Abraham, learned Standing Counsel for respondent No.2 conceded that the area where the petitioner is carrying on their business is not covered by a Scheme under the Kerala Head Load Workers Act (hereinafter referred to as 'the Act' for short).
Shri.E.C.Bineesh, learned Government Pleader submitted that, in implicit compliance with the directions of this Court in the interim order dated 13.10.2021, the petitioner and their permanent employees have been afforded necessary protection; and that consequently no untoward incidents have been reported thereafter. Taking note of the afore submissions and since the 2nd respondent – Board affirms that the area in question is not covered by any Scheme under the
WP(C) NO. 22106 OF 2021 4 Act, I allow this writ petition and confirm the interim order dated 13.10.2021; with a consequential direction to the 1st respondent to act as per its terms and to ensure that there is no violation of law and order by any person, including the 3rd respondent or their men or associates and to ensure that peace is maintained without breach in future. DEVAN RAMACHANDRAN JUDGE MC/12.11
WP(C) NO. 22106 OF 2021 5 APPENDIX OF WP(C) 22106/2021 PETITIONER EXHIBITS Exhibit P1 AOF THE GST REGISTRATION CERTIFICATE OF THE PETITIONER ISSUED ON 02-04-2019 Exhibit P2 AOF COMPLAINT DATED 09-10-2021 SUBMITTED BY THE PETITIONER BEFORE FIRST RESPONDENT.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.