Thasniya Padikkal Thachar vs. The Sub Inspector Of Police - Kerala High Court, 29 September 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNE AY, THE 29TH DAY OF SEPTEMBER 2021 / 7TH ASWINA, 1943 WP(C) NO. 18405 OF 2021 PETITIONER: THASNIYA PADIKKAL THACHAR, KALLIYAN HOUSE, THENHIPALAM P.O., MALAPPURAM 673 636 BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS: 1 THE SUB INSPECTOR OF POLICE PADINHARETHARA POLICE STAITON, PADINHARETHARA P.O., WAYANAD DISTRICT 673 575 2 PADINHARETHARA TOWN CHUMATTUTHOZHILALI UNION (STU) PADINHARETHARA P.O., WAYANAD DISTRICT 673 575, REP.BY MUNEER GAFOOR, SECRETARY SRI. E.C.BINEESH - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 18405/21 2 JUDGMENT The petitioner says that members of the 2nd respondent Union are threatening and obstructing her and the employees, illegally asserting that they alone have the right to engage in loading and unloading activities with respect to her business. She says that she has her own permanent employees and that, therefore, going by the judgment of this Court in Raghavan v. Superintendent of Police (1998 KHC 447), she is not obligated to engage anybody from the Headload Workers Pool, maintained under the provisions of the Kerala Headload Workers Act. She adds that since the intimidation continued unabated, she was forced to approach the 1st respondent – Sub Inspector of Police for protection; but that since no action was taken thereon, she has been constrained to move this Court through this Writ Petition.

I have heard Sri.Sajeev Kumar K. Gopal –

WPC 18405/21 3 learned counsel for the petitioner and Sri.E.C.Bineesh – learned Government Pleader appearing on behalf of the 1st respondent.

Even though notice has been validly served on the 2nd respondent, 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 averments made in this Writ Petition.

The learned Government Pleader – Sri.E.C.Bineesh, submitted that there are no law and order issues in the area in question and that, to his information, disputes between the parties have already been settled.

I notice that when this matter was heard by this Court earlier on 09.09.2021, the following interim order had been issued: The petitioner will take out notice before admission by speed post returnable in 7 days to the 2nd respondent. The learned Government Pleader – Sri.E.C.Bineesh, seeks time to obtain

WPC 18405/21 4 instructions from respondent No.

List

this case

for further consideration on 29.09.2021; until which time, the 1st respondent will ensure that the petitioner and her workers, who have necessary registrations under Section 26A of the Kerala Headload Workers Act, 1978, are allowed to carry on their activity, including for loading and unloading without hindrance from any source, including the members of the 2nd respondent.

Since the 2nd respondent has refused to appear before this Court, I am of the view that this Writ Petition deserves to be allowed, confirming the afore interim order. Resultantly, I allow this Writ Petition confirming

the afore

interim

order; consequentially directing the 1st respondent to act in terms of the same, ensuring that there is no violation of law and order in the area in question and that members of the 2nd respondent are not allowed to take law into their hands or breach peace in future. RR DEVAN RAMACHANDRAN JUDGE

WPC 18405/21 5 APPENDIX OF WP(C) 18405/2021 PETITIONER EXHIBITS Exhibit P1OF THE LICENSE ISSUED BY THE MEPADI GRAMA PANCHAYAT DATED 10.8.2021 VIDE NO.84/2021-22/3490 Exhibit P2OF THE CERTIFICATE OF REGISTRATION ISSUED UNDER GST DATED 8.8.2021 Exhibit P3OF THE ORDER NO.168/2020 DATED 18.8.2021 ISSUED BY THE ASSISTANT LABOUR OFFICER, KALPETTA Exhibit P4OF THE IDENTITY CARD NO.HL120370090010 ISSUED TO THE EMPLOYEE OF HE PETITIONER NAMELY SATISH PASWAN. Exhibit P5OF THE IDENTITY CARD NO.HL120370090013 ISSUED TO THE EMPLOYEE OF HE PETITIONER NAMELY PAVAN KUMAR. Exhibit P6OF THE IDENTITY CARD NO.HL120370090011 ISSUED TO THE EMPLOYEE OF HE PETITIONER NAMELY BINAY PASWAN. Exhibit P7OF THE IDENTITY CARD NO.HL120370090009 ISSUED TO THE EMPLOYEE OF HE PETITIONER NAMELY KANAHAI PASWAN. Exhibit P8OF THE IDENTITY CARD NO.HL120370090012 ISSUED TO THE EMPLOYEE OF HE PETITIONER NAMELY RAJ MOHAN PASWAN. Exhibit P9OF THE REQUEST SUBMITTED BY THE PETITIONER FOR POLICE PROTECTION BEFORE THE 1ST RESPONDENT

WPC 18405/21 6 Exhibit P10OF THE RECEIPT NO203/21.GLPTN. REGARDING THE ACKNOWLEDGMENT OF THE COMPLAINT DATED 2.9.2021