A-One Milk Products PVT LTD vs. The State Police Chief - Kerala High Court, 01 July 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNE AY, THE 01ST DAY OF JULY 2020 / 10TH ASHADHA, 1942 WP(C).No.5039 OF 2020(D) PETITIONER/S: A-ONE MILK PRODUCTS PRIVATE LIMITED, ERAVICHIRA WEST, SOORANADU SOUTH, PATHARAM.P.O., KOLLAM-690522, REPRESENTED BY ITS MANAGING DIRECTOR V.SUSEELAN, S/O.VARIATH THAMPI, AGED 53 YEARS. BY ADV. SRI.B.MOHANLAL RESPONDENT/S: 1 THE STATE POLICE CHIEF, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014. 2 THE DISTRICT POLICE CHIEF, KOLLAM RURAL, KOTARAKKARA.P.O, KOLLAM-691506. 3 THE STATION HOUSE OFFICER, SOORANAD POLICE STATION, SOORAND.P.O, KOLLAM-690522. 4 THE KOLLAM DISTRICT MILK EMPLOYEES UNION(AITUC) P.R.WALK END, BHARANIKAVU, SASTHAMCOTTAH.P.O, KUNNATHOOR, KOLLAM, REP. BY ITS PRESIDENT SRI.C.M.GOPALAKRISHNAN NIAR, PIN-690521. 5 THE KOLLAM DISTRICT MILK EMPLOYEES UNION(AITUC), P.R.WALK END, BHARANIKAVU, SASTHAMCOTTAH.P.O, KUNNATHOOR, KOLLAM, REP. BY ITS SECRETARY SRI.GOPALAKRISHNAN UNNITHAN, PIN-690521 R4-5 BY ADV. SRI.S.SANTHOSH KUMAR R4-5 BY ADV. SMT.P.LISSY JOSE R4-5 BY ADV. SMT.ANJANA.S.SANTHOSH BY GOVERNMENT PLEADER, SRI.M R DHANIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.5039/2020 2 JUDGMENT Dated this the 1st day of July 2020 The petitioner is a private limited company. They approached this Court for police protection. According to the petitioner, the workers threatened to strike and proposed for construction of the shed in front and side portion of the road leading to the factory. It is submitted that free ingress and egress and free ply of the Milk Trailer Tankers and vehicles would be prevented on account of such act.

This Court passed an interim order on 20.2.2020 to the effect that police shall ensure that ingress and egress to the petitioner's establishment is not obstructed or blocked by the striking employees.

The learned counsel for the employees submitted that no strike is held in the petitioner's premises. It is also submitted that they are not intended to cause any obstruction to the ingress and egress to the petitioner's establishment. It is further submitted that a shed was in existence on the road side from 2000 onwards and an attempt was made by the workers to reconstruct the same. At this juncture, the petitioner approached this Court.

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The learned Government Pleader submitted that there is no law and order issue and there is no strike conducted by the workers.

In view of the fact that workers are not intended to cause any obstruction to the ingress and egress to the petitioner's establishment, there is no need for giving any direction in this matter. The police need to intervene only if there is any law and order situation arises or in the situation where the police is of the view that any obstruction has been caused to the petitioner's establishment. With the above observations, this writ petition is disposed of. A.MUHAMED MUSTAQUE JUDGE ln

WP(C).No.5039/2020 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THEOF THE TAX RECEIPT DATED 27.05.2019 ISSUED BY THE VILLAGE OFFICER, SOORANDU SOUTH VILLAGE IN RESPECT OF THE PROPERTY. EXHIBIT P2 THEOF THE BUILDING TAX RECEIPT DATED 18.07.2019 ISSUED BY THE SOORANAD SOUTH GRAMA PANCHAYATH TO THE PETITIONER. EXHIBIT P3 THEOF THE FACTORY LICENSE AND ITS APPLICATION FOR RENEWAL OF LICENSE SUBMITTED BY THE PETITIONER TO THE INSPECTOR OF FACTORIES AND BOILERS, KOLLAM. EXHIBIT P4 THEOF THE BOILER LICENSE NO.ALN 15/2019 ISSUED BY THE INSPECTOR OF FACTORIES AND BOILERS, KOLLAM TO THE PETITIONER. EXHIBIT P5 THEOF THE LICENSE NO.S9-1532/2019 DATED 06.06.2019 ISSUED BY THE SECRETARY, SOORANAD GRAMA PANCHAYATH TO THE PETITIONER. EXHIBIT P6 THEOF THE LICENSE NO.11317002000297 DATED 04/05/2017 ISSUED BY THE ASSISTANT COMMISSIONER, FOOD SAFETY, KOLLAM. EXHIBIT P7 THEOF THE CONSENT NO.PCB/KO/CTO/R1/818/2018 DATED 27.11.2018 ISSUED BY THE ENVIRONMENTAL ENGINEER, POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOLLAM. EXHIBIT P8 THEOF GST REGISTRATION NO.32AAGCA0720LIZ3 OF THE PETITIONER. EXHIBIT P9 THEOF THE NOTICE DATED 05.02.2020 ISSUED BY THE PETITIONER TO THE WORKMAN SRI.P.SAJEEVAN. EXHIBIT P10 THE TRUE THE PHOTOGRAPH OF THE FRONT AND SIDE PORTION OF THE FACTORY OF THE PETITIONER. EXHIBIT P11 THEOF THE COMPLAINT DATED 11.02.2020 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P12 THEOF THE COMPLAINT DATED 14/02/2020 FILED BY THE PETITIONER BEFORE THE VILLAGE OFFICER, SOORANAD.

WP(C).No.5039/2020 5 EXHIBIT P13 THEOF THE COMPLAINT DATED 14.02.2020 FILED BY THE PETITIONER BEFORE THE SOORANAD GRAMA PANCHAYATH. RESPONDENTS EXHIBITS: EXHIBIT R4(A):OF COMPLAINT DATED 15.2.2020 FILED BY THE PRESIDENT OF THE 4TH RESPONDENT UNION. EXHIBIT R4(B):OF PHOTOGRAPHS SHOWING THE ILLEGAL CONSTRUCTION AND FILLING UP OF GOVERNMENT LAND BY THE PETITIONER.