Chandran Ponnappan vs. Vimal Kumar - Kerala High Court, 08 July 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNE AY, THE 08TH DAY OF JULY 2020 / 17TH ASHADHA, 1942 WP(C).No.11167 OF 2020(U) PETITIONER/S: 1 CHANDRAN PONNAPPAN, AGED 48 YEARS, S/O PONNAPPAN, C.J.BHAVAN, ARATHALAVILAKAM, ARAYOOR P.O., THIRUVANANTHAPURAM-695 122. 2 SOORAJ CHANDRAN, AGED 21 YEARS, S/O CHANDRAN PONNAPPAN, C.J.BHAVAN, ARATHALAVILAKAM, ARAYOOR P.O., THIRUVANANTHAPURAM-695 122. BY ADVS. SRI.LIJU.V.STEPHEN SMT.INDU SUSAN JACOB RESPONDENT/S: 1 VIMAL KUMAR, SECRETARY, I.N.T.U.C, V.B. BHAVAN, KULATHOOR, UCHAKKADA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 506. 2 N. SIVAKUMAR, SECRETARY, C.I.T.U, KAYTHAMUKKU, THIRUVANANTHAPURAM-695 024. 3 THE STATION HOUSE OFFICER, POZHIYOOR POLICE STATION, POZIYOOR, THIRUVANANTHAPURAM-695 513. 4 THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121. R2 BY ADVS. SRI.G.SUDHEER SRI.R.HARIKRISHNAN (H-308) R3 & R4 BY SRI HARISH, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.11167 OF 2020(U) 2 JUDGMENT This writ petition has been filed seeking the following reliefs: “i) To issue a writ of mandamus or any other appropriate writ order or direction directing the 3rd and 4th respondents to grant adequate police protection for running their business with their permanent employees working therein without any hindrance or obstructions from the 1st and 2nd respondents and their men. ii) To issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 3 and 4 to consider Exts.p9 and P11 representations and take appropriate action in accordance with law.”

By order dated 8.6.2020, this Court had granted an order of Police Protection and the respondents 1 and 2 or their agents were prevented from interfering with any action against the petitioners.

Today when the matter was taken up, Sri. Liju V. Stephen, the learned counsel appearing for the petitioners, submitted that in view of the interim order passed by this Court, the petitioners were able to open the

WP(C).No.11167 OF 2020(U) 3 establishment and run the business without any incursions from respondents 1 and 2. 4. The 2nd respondent has entered appearance through Sri.G.Sudheer. The learned counsel submitted that the 2nd respondent is in fact the Secretary of the Trivandrum District Cooking Gas Workers Union (CITU), Trivandrum District and is not in charge of the Headload Workers Union. He submits that the 2nd respondent has been unnecessarily roped in.

The learned government pleader on instructions submits that the 3rd respondent has reported that the situation is calm and that no further grievance subsists. Now that none of the party respondents have come up with any objection, this writ petition is disposed of making the interim order absolute and with a further direction to the 3rd respondent to ensure that law and order is maintained. This writ petition is disposed of. RAJA VIJAYARAGHAVAN V IAP JUDGE

WP(C).No.11167 OF 2020(U) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE D & O LICENCE ISSUED BY THE KARODE PANCHAYATH TO THE 1ST PETITIONER DATED 25.5.2019. EXHIBIT P2 AOF THE D & O LINCENSE ISSUED BY THE KARODE PANCHAYAT TO THE 2ND PETITIONER DATED 25.5.2019. EXHIBIT P3 AOF THE REGISTRATION CERTIFICATE UNDER GST DATED 18.4.2018. EXHIBIT P4 AOF THE REGISTRATION CERTIFICATE UNDER GST 2.10.2019. EXHIBIT P5 AOF THE JUDGMENT IN WPC NO 2603/2020 DATED 3.3.2020 PASSED BY THE HON'BLE HIGH COURT. EXHIBIT P6 AOF THE JUDGMENT IN WPC NO 2661/2020 DATED 3.3.2020 PASSED BY THE HON'BLE HIGH COURT. EXHIBIT P7 AOF THE ORDER NO 871/2019 OF THE KERALA HEAD LOAD WORKERS REGISTERING AUTHORITY (ASSISTANT LABOUR OFFICER GRADE-II, NEYYATTINKARA DATED 25.3.2020. EXHIBIT P8 AOF THE ORDER NO 870/2019 OF THE KERALA HEAD LOAD WORKERS REGISTERING AUTHORITY (ASSISTANT LABOUR OFFICER GRADE-II, NEYYATTINKARA) DATED 25.3.2020. EXHIBIT P9 AOF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE STATION HOUSE OFFICER, POZHIYOOR POLICE STATION DATED 20.5.2020. EXHIBIT P10 AOF THE ACKNOWLEDGEMENT RECEIPT OF PETITION DATED 20.5.2010 ISSUED BY THE SUB INSPECTOR OF POLICE, POZHIYOOR POLICE STATION.

WP(C).No.11167 OF 2020(U) 5 EXHIBIT P11 AOF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATINKARA DATED 20.5.2020 AND THE ACKNOWLEDGEMENT RECEIPT OF PETITION RESPONDENT'S/S EXHIBITS: NIL //// P.A.TO JUDGE