Sebastian Thomas vs. State Of Kerala
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941 WP(C).No.627 OF 2020(C) PETITIONER: SEBASTIAN THOMAS AGED 30 YEARS S/O.THOMAS OUSEPH, RESIDING AT XVI/468 A, KONNTHAN BUILDING, OKKAL, CHELAMATTOM, ERNAKULAM, KERALA-683
BY ADVS. SRI.ANOOP.V.NAIR SHRI.NIKITHA ANTONY RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 SUB INSPECTOF OF POLICE, PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT-683 542. 3 THE CIRCLE INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT-683 542. 4 MARTIN, S/O.VARKEY, RESIDING AT THELAKKADAN HOUSE, OKKAL P.O., NAMBILLY, ERNAKULAM DISTRICT-683 550. 5 BABY, S/O.PAPPACHAN, RESIDING AT THELAKKADAN HOUSE, OKKAL P.O., NAMBILLY, ERNAKULAM DISTRICT-683 550. 6 JOSE, AGED 60 YEARS S/O.POULO, RESIDING AT KALLARA HOUSE, OKKAL P.O., NAMBILLY, ERNAKULAM DISTRICT-683 550. 7 JOY, S/O.PAILIKUTTY, RESIDING AT THOTTAPPILLY HOUSE, OKKAL P.O., NAMBILLY, ERNAKULAM DISTRICT-683 550. 8 OUSEPPACHAN,
WP(C).No.627 OF 2020(C) 2 AGED 60 YEARS S/O.RAPHEAL, RESIDING AT KONNATHAN HOUSE, OKKAL P.O., NAMBILLY, ERNAKULAM DISTRICT-683 550. 9 KERALA HEADLOAD WORKERS WELFARE BOARD, PERUMBAVOOR COMMITTEE, PERUMBAVOOR P.O., ERNAKULAM DISTRICT, PIN-683 542, REPRESENTED BY ITS SECRETARY. R4-8 BY ADV. SRI.S.RENJITH R4-8 BY ADV. SMT.MANJUSHA M NAIR R9 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB SR GP ADV. SRI.P P THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.627 OF 2020(C) 3 JUDGMENT Dated this the 14th day of February 2020 The petitioner approached this Court for police protection. This Court on 13.01.2020 passed the following interim order:-
“Issue notice by Special Messenger to respondents 4 to 8. 2. The learned Government Pleader takes notice for respondents 1 to 3. The learned Standing Counsel takes notice for the 9th respondent.
The petitioner operates rice packing and stocking Godown at Okkal, Perumbavoor. It is submitted before this Court by the petitioner as well as the Standing Counsel for the Headload Workers Board that the area is not a schme covered area. The petitioner's case is that he has got his own employees for loading and unloading activities. The petitioner alleges that there are obstructions being caused by the party respondents and their associates (respondents 4 to 8) while loading and unloading. In the light of fact that this is not a scheme covered area, it is appropriate to order police protection to the petitioner and the petitioner's employees from any obstruction being caused to them. Necessary action shall be taken by 2nd respondent.”
The learned counsel for the party respondents submits that an agreement was executed between the petitioner and respondents 4
WP(C).No.627 OF 2020(C) 4 to 8 and alleged that there is a breach committed by the petitioner. If there is any breach on the agreement, the party respondents can take up the matter in appropriate manner. The area is not a scheme covered area. In such circumstances, this Court has to accord police protection from any obstruction being caused to the petitioner while engaging his own employees for loading and unloading. Making the interim order absolute, the writ petition is disposed of. A.MUHAMED MUSTAQUE SAS/14/02/2020 JUDGE
WP(C).No.627 OF 2020(C) 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE QUESTIONNAIRE AND ANSWER RECEIVED UNDER RTI ACT FROM THE 9TH RESPONDENT DATED 23.11.2019. EXHIBIT P2OF THE LICENCE NO.A3- 1598/19/2019-20/170 DATED 02.04.2019 ISSUED TO THE PETITIONER'S FIRM BY THE OKKAL GRAMA PANCHAYAT. EXHIBIT P2AOF THE LICENSE DATED 11.12.2019 ISSUED TO THE PETITIONER'S FIRM BY THE COMMISSIONERATE OF FOOD SAFETY. EXHIBIT P2 BOF THE LICENSE/CERTIFICATE DATED 05.01.2019 ISSUED TO THE PETITIONER'S FIRM BY THE REGISTRATION OF LEGAL METROLOGY LICENCE. EXHIBIT P2 COF THE REGISTRATION CERTIFICATE DATED 17.12.2018 ISSUED TO THE PETITIONER'S FIRM DATED BY THE OKKAL GRAMA PANCHAYAT THE GST REGISTRATION CERTIFICATE. EXHIBIT P3OF THE ONLINE APPLICATION NO.224784 FOR REGISTRATION OF HEAD LOAD WORKERS DATED 12.06.2019 SUBMITTED BY THE WORKERS OF THE PETITIONER'S UNIT IN RESPECT OF 26 A CARD. EXHIBIT P3 AOF THE ONLINE APPLICATION NO.224788 FOR REGISTRATION OF HEAD LOAD WORKERS SUBMITTED BY THE WORKERS OF THE PETITIONER;S UNIT IN RESPECT OF 26 A CARD. EXHIBIT P3 BOF THE ONLINE APPLICATION NO.224794 FOR REGISTRATION OF HEAD LOAD WORKERS SUBMITTED BY THE WORKERS OF THE PETITIONERS UNIT IN RESPECT OF 26 A CARD. EXHIBIT P4OF THE ACKNOWLEDGMENT RECEIPT OF PETITION DATED 07.01.2020 ISSUED TO THE PETITIONER BY THE PERUMBAVOOR POLICE STATION. EXHIBIT P4 AOF THE COMPLAINT DATED 07.01.2020
WP(C).No.627 OF 2020(C) 6 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P5OF THE PHOTOGRAPH WHICH SHOWS THE SCUFFLE OCCURRED IN THE GODOWN OF THE PETITIONER. RESPONDENTS' EXHIBITS: EXHIBIT-R4(a)OF THE IDENTITY CARD UNDER PARA 6A OF THE SCHEME OF THE 4TH RESPONDENT DATED 12.3.1999. EXHIBIT-R4(b)OF THE IDENTITY CARD OF THE 5TH RESPONDENT EXHIBIT-R4(c)OF THE IDENTITY CARD OF THE 6TH RESPONDENT UNDER PARA 6A OF THE SCHEME DATED 28.02.1999. EXHIBIT-R4(d)OF THE IDENTITY CARD OF THE 7TH RESPONDENT UNDER PARA 6A OF THE SCHEME DATED 20.02.1999. EXHIBIT-R4(e)OF THE IDENTITY CARD OF THE 8TH RESPONDENT UNDER PARA 6A SCHEME DATED 28.02.1999 EXHIBIT-R4(f)OF THE SETTLEMENT AGREEMENT EXECUTED BY THE PETITIONER WITH THESE RESPONDENTS AND IN THE PRESENCE OF LABOUR OFFICER DATED 11.12.2019. //// P.A. TO JUDGE
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.