Pulikkal Traders vs. State Of Kerala - Kerala High Court, 03 July 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNE AY, THE 03RD DAY OF JULY 2019 / 12TH ASHADHA, 1941 WP(C).No.27900 of 2018-J PETITIONER/S: PULIKKAL TRADERS, BIYYAM, NEAR K.K. JUNCTION PONNANI, REPRESENTED BY ITS PROPRIETOR, SHAFI P., S/O. MOITHU HAJI, PULLIKKAL HOUSE, JARATHINGAL, KADAMPUZHA, PIN-676553, MALAPPURAM DISTRICT. BY ADVS. K. SHIBLI NAHA SMT.A.LOWSY RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001 2 DISTRICT POLICE CHIEF, MALAPPURAM-676505. 3 SUB INSPECTOR OR POLICE, PONNANI, MALAPPURAM DISTRICT-673001. 4 ASSISTANT LABOUR OFFICER, TIRUR-673001. 5 CITU BIYYAM UNIT, NEAR K.K. JUNCTION, PONNANI, MALAPPURAM DISTRICT, PIN-673001, REPRESENTED BY ITS SECRETARY. 6 SRI. DAMODARAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, CITU, BIYYAM UNIT, NEAR K.K. JUNCTION, PONNAI-673001. R1 TO R4 BY SENIOR GOVT.PLEADER SRI.P.P.THAJUDHEEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.27900 of 2018 JUDGMENT Vinod Chandran, J. The petitioner is aggrieved with the obstruction caused to the loading and unloading work, by the respondents 5 and 6. The petitioner is concerned with the business carried on in his premises, where a cement godown is functioning. The petitioner has all necessary licenses, as seen from Exhibits P1, P2 and P3. The petitioner also submits that he has Consent to Operate from the Pollution Control Board. The petitioner has also his own workers, as is seen from Exhibit P4 series; who have Identity Cards under Rule 26A.

In the above circumstances, if any obstruction is caused to the loading and unloading work on the claim of work by the pool members in the scheme covered area, then necessarily the same shall be averted by the police and necessary protection afforded. The writ petition is disposed of with the above direction. K.VINOD CHANDRAN JUDGE V.G.ARUN JUDGE

WP(C).No.27900 of 2018 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE LICENSE ISSUED BY THE PONNANI MUNICIPALITY (D&O LICENSE). EXHIBIT P2OF THE GST REGISTRATION CERTIFICATE. EXHIBIT P3OF THE ONLINE INDUSTRY REGISTRATION RECEIPT. EXHIBIT P4 TRUE COPIES OF THE IDENTITY CARDS PERTAINING TO THE EMPLOYEES ISSUED BY THE 4TH RESPONDENT IN TERMS OF THE PROVISIONS OF THE HEAD LOAD WORKERS ACT 1978 AND THE RULES THERE UNDER. EXHIBIT P5OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 21/07/2018. EXHIBIT P6OF THE RECEIPT ACKNOWLEDGING THE ABOVE PETITION NO.96318/2018 DATED 23/07/2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P7OF THE REGISTERED POSTAL RECEIPT EVIDENCING DESPATCH OF SIMILAR PETITION TO THE 2ND RESPONDENT DATED 31/07/2018. []