P.P.Illyas vs. District Police Chief - Kerala High Court, 20 July 2021

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUE AY, THE 20TH DAY OF JULY 2021 / 29TH ASHADHA, 1943 WP(C) NO. 8124 OF 2020 PETITIONER: P.P.ILLYAS AGED 46 YEARS S/O. MOOSAKUTTY, PUTHANVEETTIL (H) THUVVAKKADU, PANNIPPARA, MALAPPURAM BY ADV L.RAJESH NARAYAN RESPONDENTS: 1 DISTRICT POLICE CHIEF DISTRICT POLICE OFFICE, MALAPPURAM 676 509 2 SUB INSPECTOR OF POLICE, WANDOOR POLICE STATION, THRIKKALANGODU , THIRUVALI WANDOOR KALIKAVU RD, WANDOOR 679 328 3 THE KERALA HEADLOAD WORKERS WELFARE FUND BOARD, DISTRICT OFFICE, MALAPPURAM 676 505 REPRESENTED BY ITS CHAIRMAN 4 THE CHAIRMAN, KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, P.B NO. 2017, S.R.M ROAD, ERNAKULAM, KOCHI 682 018 5 SECRETARY, CITU UNION, KOTTAKUNNU, MALAPPURAM 676 509 6 SECRETARY, INTUC, KOTTAKUNNU, MALAPPURAM 676 509 BY ADV SRI.THOMAS ABRAHAM, SC, KHWWB ADV.SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO.8124/2020 2 P.V.KUNHIKRISHNAN, J ------------------------------- W.P.(C)No.8124 of 2020 -------------------------------- Dated this the 20th day of July 2021 JUDGMENT The above Writ petition is filed with the following prayers: “i) Issue a writ in the nature of mandamus or any such other writ, direction or orders commanding the 2nd respondent to afford adequate protection to the life and property of the petitioner and his permanent workmen and to ensure that the members of the respondents 5 and 6 do not disrupt the works in the establishment of the petitioner since the premises is not in an area covered under the scheme to the Kerala Headload Workers Act; ii) To declare that the members of the 5th and 6th respondents have no right to claim employment in the establishment of the petitioner since the premises is not in an area covered under the scheme to the Kerala Headload Workers Act; iii) Issue any such other writ, direction or orders, which this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case.”

When this matter came up for consideration on 16.03.2020, this Court passed the following

WP(C) NO.8124/2020 3 order: “Urgent notice to respondents 5 and 6 by Speed Post. The learned Standing Counsel takes notice for respondents 3 and 4. The learned Government Pleader takes notice for respondents 1 and 2. The learned counsel for the petitioner submits that the area of the petitioner's establishment is not a scheme covered area under the Kerala Head Load Workers Act. If that be so, the police shall accord necessary protection to the petitioner for engaging his own workers for loading and unloading activities at the premises of the petitioner, if there is any obstruction from the respondents 5 and 6 and its members.”

Today when this writ petition came up for consideration, the learned counsel for the petitioner submitted that the interim order may be retained and the writ petition may be disposed.

The learned Government Pleader submitted that there is only dispute between the employer and employee about some wage dispute and there is no law and order problem now.

In the light of the above submission, I think this writ petition can be disposed retaining the interim order dated 16.03.2020 with the

WP(C) NO.8124/2020 4 following further directions; i) If there is any law and order problem, the petitioner is free to approach the Station House Officer concerned with a complaint/representation. ii) If such a complaint/representation is received, the Station House Officer will do the needful in the light of the interim order dated 16.03.2020. P.V.KUNHIKRISHNAN DM JUDGE

WP(C) NO.8124/2020 5 APPENDIX OF WP(C) 8124/2020 PETITIONER'S EXHIBITS EXHIBIT P1OF THE GST REGISTRATION CERTIFICATE DATED 25-11-2019 EXHIBIT P2OF THE ACKNOWLEDGEMENT CERTIFICATE DATED 29-1-2020 EXHIBIT P3OF THE COMPLAINT DATED 27-02- 2020 //// PA TO JUDGE