Abdul Samad vs. The Inspector Of Police
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNE AY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943 W.P.(C) No.5882 OF 2021(I) PETITIONERS: 1 ABDUL SAMAD, AGED 50 YEARS, S/O ABUBHAKAR, CIRAYILAAN HOUSE, VENGOLA VILLAGE, VENGOLA KARA, P.O.ALLAPRA, PERUMPAVOOR-683 553, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 2 M/S HITECH PLASTICS, 7/77, SADDAM ROAD, KANDAMTHARA, ALLAPRA P.O. REPRESENTED BY ITS PROPRIETOR SRI.SUHAS, AGED 30 YEARS, S/O SEYDALI, THANELIL HOUSE, MALAYATOOR VILLAGE, ILLITHODU KARA, ALUVA TALUK, NOW RESIDING AT MUDIKKAL P.O., PERUMPAVOOR-683 547, ERNAKULAM DISTRICT. BY ADV. SRI.SIRAJ KAROLY RESPONDENTS: 1 THE INSPECTOR OF POLICE PERUMPAVOOR, PERUMPAVOOR-683 542, ERNAKULAM DISTRICT. 2 THE DEPUTY SUPERINTENDENT OF POLICE, PERUMPAVOOR,683 542, ERNAKULAM DISTRICT. 3 DISTRICT POLICE CHIEF, ERNAKULAM RURAL, ALUVA-683 101, ERNAKULAM DISTRICT. 4 THE ASSISTANT LABOUR OFFICER, ASSISTANT LABOUR OFFICE PERUMPAVOOR, PERUMPAVOOR-683 542, ERNAKULAM DISTRICT. 5 KERALA HEAD LOAD WORKERS, WELFARE BOARD DISTRICT COMMITTEE, MARKET ROAD, ERNAKULAM, REPRESENTED BY ITS CHAIRMAN, KOCHI-35, ERNAKULAM DISTRICT.
W.P.(C) No.5882 OF 2021(I) -2- 6 KERALA HEAD LOAD WORKERS WELFARE BOARD, SUB COMMITTEE, PERUMPAVOOR (KUNNATHUNADU TALUK), MINI CIVIL STATION BUILDING, PERUMBAVOOR-683 542, ERNAKULAM DISTRICT REPRESENTED BY ITS CONVENER. 7 CENTER OF INDIAN TRADE UNION (CITU), KANDANTHARA UNIT POOL NO 185A, REPRESENTED BY ITS SECRETARY M.V MOHANAN, MANAVALATHU HOUSE, KANDANTHARA, P.O.ALLAPRA, PERUMPAVVOOR-683 553, ERNAKULAM DISTRICT. 8 INDIAN NATIONAL TRADE UNION CONGRESS (INTUC), KANDATHARA UNIT POOL NO 185B REPRESENTED BY ITS SECRETARY, K.M. KAREEM, S/O MYDEENKUNJU, KAROTHUKUDI HOUSE, KANDANTHARA, ALLAPRA P.O., PERMPAVOOR-683 553, ERNAKULAM DISTRICT. 9 DISTRICT LABOUR OFFICER, ERNAKULAM, DISTRICT LABOUR OFFICE, CIVIL STATION, KAKKANAD, COCHIN-682 030, ERNAKULAM DISTRICT. R5-R6 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB R1-R4 & R9 SRI.SUNIL NATH N.B., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.5882 OF 2021(I) -3- JUDGMENT The 1st petitioner is the owner in possession of a property situated in Survey Nos.2/2 and 2/20 in Block No.20 of Vengola Village, with an industrial shed, covered by Ext.P1 sale deed dated 29.11.2001 and Ext.P2 tax receipt dated 16.01.2020. The 2nd petitioner is conducting his industrial unit in the property owned by the 1st petitioner on the basis of a lease agreement. The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 3 to provide meaningful and adequate police protection to the 2nd petitioner's industrial unit to engage its permanent workers for loading and unloading work against any threat from respondents 7 and 8 and their men. The petitioners have also sought for a direction to the 4th respondent Assistant Labour Officer to finalise the process of registration based on Exts.P7(a), P7(b), P7(c) and P7(d) applications and issue registration card/identity card, within a stipulated time.
On 08.03.2021, when this writ petition came up for admission, the learned Standing Counsel for respondents 5 and 6 submitted that the area in question in which the 2nd petitioner's
W.P.(C) No.5882 OF 2021(I) -4- establishment situates is a scheme covered area. The learned Government Pleader sought time to get instructions as to the present status of Ext.P7 series of applications filed by the 2nd petitioner under Rule 26A(i) of the Kerala Headload Workers Rules, 1981 for registration of headload workers.
Heard the learned counsel for the petitioners, the learned Government Pleader appearing for respondents 1 to 4 and 9, and also the learned Standing Counsel for respondents 5 and 6. Considering the nature of relief proposed to be granted in this writ petition, service of notice on respondents 7 and 8 is dispensed with.
During the course of arguments, the learned counsel for the petitioners would confine the reliefs sought for in this writ petition as one for disposal of Ext.P7 series of applications, by the 4th respondent Assistant Labour Officer.
The learned Government Pleader would submit that if those applications are in order and pending consideration, the 4th respondent shall consider the same and pass appropriate orders thereon, within a time limit to be stipulated by this Court.
The learned counsel for the petitioners would submit
W.P.(C) No.5882 OF 2021(I) -5- that the consideration of Ext.P7 series of applications may be with notice to an authorised representative of the 2nd petitioner.
Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 4th respondent to consider and pass appropriate orders on Ext.P7 series of applications for registration of headload workers submitted by the 2nd petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment, with notice to the petitioners, respondents 5 to 8 and other affected parties.
In State of U.P. v. Harish Chandra [(1996) 9 SCC 309] the Apex Court held that no mandamus can be issued to direct the Government to refrain from enforcing the provisions of law or to do something which is contrary to law. In Bhaskara Rao A.B. v. CBI [(2011) 10 SCC 259] the Apex Court reiterated that, generally, no Court has competence to issue a direction contrary to law nor can the Court direct an authority to act in contravention of the statutory provisions. The courts are meant to enforce the rule of law and not to pass the orders or directions which are contrary to what has been injected by law.
W.P.(C) No.5882 OF 2021(I) -6-
Therefore, in terms of the direction contained in this judgment, the 4th respondent Assistant Labour Officer shall take an appropriate decision in the matter, strictly in accordance with law, taking note of the relevant statutory provisions and also the law on the point. No order as to costs. ANIL K.NARENDRAN JUDGE bpr
W.P.(C) No.5882 OF 2021(I) -7- APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE SALE DEED NO 4918/2001 OF SRO, PERUMBAVOOR IN FAVOR OF THE 1ST PETITIONER DATED 29.11.2001 EXHIBIT P2OF THE TAX RECEIPT DATED 16.1.2020 ISSUED IN FAVOUR OF THE 1ST PETITION EXHIBIT P3OF THE LEASE AGREEMENT DATED 3.7.2020 BETWEEN THE 1ST PETITIONER AND 2ND PETITIONER EXHIBIT P4OF THE GST REGISTRATION CERTIFICATE DATED 21.11.2020 EXHIBIT P5OF THE CONSENT TO OPERATE UNIT ISSUED BY THE CONTROL BOARD DATED 8.8.2020 ISSUED IN FAVOUR OF THE 1ST PETITIONER EXHIBIT P6OF THE CERTIFICATE OF ACKNOWLEDGEMENT FROM THE DEPARTMENT OF INDUSTRIES AND COMMERCE IN FAVOUR OF THE 1ST PETITIONER DATED 15.9.2020 EXHIBIT P7 NIL EXHIBIT P7 (A)OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONERS HEAD LOAD WORKER BEFORE THE 4TH RESPONDENT DATED 12.2.2021 EXHIBIT P7 (B)OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONERS HEAD LOAD WORKER BEFORE THE 4TH RESPONDENT DATED 12.2.2021 EXHIBIT P7 (C)OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONERS HEAD LOAD WORKER BEFORE THE 4TH RESPONDENT DATED 12.2.2021 EXHIBIT P7 (D)OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONERS HEAD LOAD WORKER BEFORE THE 4TH RESPONDENT DATED 12.2.2021
W.P.(C) No.5882 OF 2021(I) -8- EXHIBIT P8OF TH HEARING NOTICE ISSUED BY THE 4TH RESPONDENT IN FAVOUR OF THE 2ND PETITIONER DATED 19.2.2021 EXHIBIT P9OF THE LETTER JOINTLY ISSUED BY THE 7TH AND 8TH RESPONDENTS DEMANDING LOADING WORK ISSUED IN FAVOUR OF THE PETITIONER EXHIBIT P10OF THE REQUEST SUBMITTED BY THE PETITIONERS JOINTLY BEFORE THE 1ST RESPONDENT DATED 26.2.2021 SEEKING POLICE PROTECTION EXHIBIT P10 (A)OF THE REQUEST SUBMITTED BY THE PETITIONERS JOINTLY BEFORE THE 2ND RESPONDENT DATED 26.2.2021 SEEKING POLICE PROTECTION EXHIBIT P11 NIL EXHIBIT P11 (A)OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS DATED 26.2.2021 EXHIBIT P11 (B)OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS DATED 26.2.2021 EXHIBIT P11 (C)OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS DATED 26.2.2021 RESPONDENTS' EXHIBITS: NIL
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.