Kallens Granites And Tiles vs. State Of Kerala
Held
The Court directed the police to ensure law and order and prevent obstruction to the petitioner's mechanical loading and unloading activities. It clarified that if any manual labor is required, the petitioner must engage registered headload workers from the pool. Police were mandated to act promptly on any request for protection.
Facts
M/S Kallens Granites & Tiles, a firm dealing in marble and tiles, sought police protection against obstruction by a trade union (CITU) to its loading and unloading activities carried out using mechanical devices like forklifts. The petitioner's establishment was situated in an area covered by the Kerala Headload Workers Act scheme.
Key Issues
Whether the petitioner is entitled to police protection against obstruction by headload workers for loading/unloading activities using mechanical devices, and the extent of police duty in such situations in a scheme-covered area.
Sections Cited
Section 9A (Kerala Headload Workers Act, 1978), Rule 26A (Kerala Headload Workers Rules, 1981), Section 3 (Kerala Police Act, 2011), Section 4 (Kerala Police Act, 2011)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY, THE 31ST DAY OF MARCH 2021 / 10TH CHAITHRA, 1943 WP(C).No.5646 OF 2021(E) PETITIONER : M/S KALLENS GRANITES & TILES DOOR NO. VI, 548, ALANGADU P.O, ERNAKULAM DISTRICT, PIN - 683511, REPRESENTED BY ITS MANAGING PARTNER, FINIX VARGHESE, AGED 45 YEARS, S/O. VARGHESE, PUTHUVA HOUSE, MALAYIDAMTHURUTHU. BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM, PIN - 695001. * 2 [CIRCLE INSPECTOR OF POLICE, KOTTAPURAM, ERNAKULAM, PIN – 683511.] THE ADDRESS OF THE 2ND RESPONDENT IS CORRECTED AS C.I.OF POLICE, ALUVA WEST POLICE STATION, ALUVA, PIN - 683511, AS PER ORDER DATED 31.03.2021 IN IA 2/2021 IN WP(C) NO. 5646/2021. 3 CITU MALIKAMPEEDIKA UNIT, REPRESENTED BY ITS CONVENER, MALIKAM PEEDIKA, ALUVA - PARUR ROAD, MALIKAMPEEDIKA, ERNAKULAM, PIN - 683511. -2- WP(C).No.5646 OF 2021(E) *ADDL. R4 KERALA HEAD LOAD WORKERS WELFARE BOARD S.R.M.ROAD, ERNAKULAM PIN-682018, REPRESENTED BY ITS CHIEF EXECUTIVE. ADDL.R4 IS IMPLEADED AS PER ORDER DATED 05.03.2021 IN IA 1/2021 IN WPC NO.5646
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