Muhammed Rashid vs. Commissioner Of Police - Kerala High Court, 27 March 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR.JUSTICE N.ANIL KUMAR WEDNE AY,THE 27TH DAY OF MARCH, 2019/6TH CHAITHRA, 1941 WP(C).No. 37883 of 2018 PETITIONERS: 1 MUHAMMED RASHID, AGED 26 YEARS S/O ABDUL RAHIM, RESIDING AT VILAYIL PUTHEN VEEDU, PUTHENCHANTHA P.O., PANMANA, PIN CODE 691583, MANAGING PARTNER, M/S AK TRADING COMPANY, HAVING REGISTERED OFFICE AT BUILDING NO.XIV/544, MEENAD, CHATHANNUR P.O., KOLLAM DISTRICT, PIN CODE 691 572 2 ISMAIL KUNJU.A, AGED 44 YEARS S/O ABDUL KAREEM,RESIDING AT KIZHAKKADATH VADAKKATHIL,KOTTUKADU, MUKUNDAPURAM P.O., PARTNER M/S AK TRADING COMPANY, MEENAD, CHATHANNUR P.O,KOLLAM DISTRICT PIN CODE 691 585. 3 ASHAREPH, AGED 53 YEARS S/O ABDUL RAHUMAN KUNJU,RESIDING AT AMMENA MANZIL,EDAVATTOM, PERINAD P.O.VELLIMON KOLLAM PIN CODE 691 511.PARTNER M/S AK TRADING COMPANY MEENAD CHATHANNUR P.O,KOLLAM DISTRICT. 4 SHAFEER.S, AGED 32 YEARS S/O SOUKATHALI,RESIDING AT SAHEER MANZIL,SOUHARATHA NAGAR,144 KALLUMTHAZAM,KUTTICHIRA, KILLIKOLLUR KOLLAM DISTRICT PIN CODE 691 004. PARTNER M/S AK TRADING COMPANY MEENAD CHATHANNUR P.O,KOLLAM DISTRICT.

WP(C) NO.37883 OF 2018 :-2-: 5 ABDUL MAJEED, AGED 44 YEARS S/O EBRAHIM KUTTY,MUKALATHARA VEEDU,PALACKAL, THEVALAKKARA P.O.KOLLAM PIN CODE 691 524.PARTNER M/S AK TRADING COMPANY MEENAD CHATHANNUR P.O,KOLLAM DISTRICT. 6 NAHAS, AGED 41 YEARS S/O MAITHEEN KUNJU,RESIDING AT KALEELIL KADAYIL NADUVATHU CHERI,PUTHENCHANTHA P.O.PANMANA PIN CODE 691 583.PARTNER M/S AK TRADING COMPANY MEENAD CHATHANNUR P.O,KOLLAM. BY ADV. SRI.P.V.VENUGOPAL RESPONDENTS: 1 COMMISSIONER OF POLICE, KOLLAM, PIN CODE 691 001 2 SUB INSPECTOR OF POLICE, CHATHANNUR POLICE STATION,PIN CODE 691 572. 3 NAGARAJ, (HEAD LOAD WORKER OF AITUC) CHIRAVILA PUTHENVEEDU KOTTIYAM,PIN CODE 691 571. 4 SEKHAR, (HEAD LOAD WORKER OF AITUC),PUTHUVEEDU, KOTTIYAM 691 571. 5 JAYAPRAKASH, PRABHA NIVAS,(HEAD LOAD WORKER OF AITUC) MUNDAYKKAL P.O.KOLLAM PIN CODE 691010. 6 KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,SRM ROAD ERNAKULAM, KOCHI 18,PIN CODE 682 018 ADDL. R7 CHATHANOOR GRAMA PANCHAYATH REPRESENTED BY SECRETARY CHATHANOOR, PIN CODE NO.691572. (ADDL.R7 IS IMPLEADED AS PER ORDER DATED 17.10.2019 IN IA 1/2019.) BY ADVS. SRI.K.V.ANIL KUMAR SRI.M.R.SASITH

WP(C) NO.37883 OF 2018 :-3-: SRI.SIJU K., SC, KHWWB OTHER PRESENT: SR.GP SRI.P.P.THAJUDEEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2019, THE COURT ON 27.03.2019 DELIVERED THE FOLLOWING:

WP(C) NO.37883 OF 2018 :-4-: WP(C) NO.37883 OF 2018 J U D G M E N T N.ANIL KUMAR,J: The petitioners have preferred this writ petition under Art.226 of the Constitution of India seeking for a direction to respondents 1 and 2 to afford adequate and effective police protection to the petitioners' business establishment under the name and style 'M/s.A.K.Trading Company' at Meenad, Chathannur without any interference or interruption from respondents 3 to 5 or their political supporters under the guise of scheme covered pool area under the Kerala Headload Workers(Regulation of Employment and Welfare)Scheme, 1983 (hereinafter referred to as 'the Scheme').

M/s.A.K.Trading Company, Meenad in Kollam District is a partnership firm. The petitioners 1 to 6 are partners of the firm and they seek effective police protection to do all loading and unloading works by themselves in their capacity as owners in the premises of their firm without any outside labour assistance. According to the petitioners, respondents 3 to 5 are obstructers, illegally interfering with loading and unloading works claiming right under the Scheme cited

WP(C) NO.37883 OF 2018 :-5-: supra. The petitioners filed Ext.P2 complaint before the second respondent seeking police protection. However, no action has been taken by the second respondent despite specific request in this regard. Hence, the petitioners are before this Court.

Sixth respondent filed separate statement contending that the partnership deed is not seen registered and the establishment of the petitioners is yet to be operated. It is further stated that the place wherein the petitioners' establishment is situated is a Scheme Implemented Area and four pools are established. The sum and substance of the contention is that since the area of operation of the establishment is a Scheme Covered area, the petitioners are liable to engage pool workers in the absence of permanent workers having 26A card.

Respondent No.3 filed a counter affidavit for and on behalf of the respondents 4 and 5 as well. According to them, when the petitioners engaged some other unregistered workers for loading and unloading of tiles for the construction of their shop, the respondents 3 to 5 demanded work in accordance with the Scheme.

Additional 7th respondent filed separate affidavit stating that the Panchayat had issued D & O licence in favour of the petitioner company pursuant to Ext.R7(a).

WP(C) NO.37883 OF 2018 :-6-:

In the light of the contentions raised, petitioner filed I.A.No.1 of 2018 along with an affidavit on 12.12.2018 seeking to accept Exts.P5 to P10 as additional documents. The above I.A. is allowed. Pursuant to Ext.P5 rent deed dated 30.10.2018, the petitioner took the building where the company is situated on rent. The first petitioner had submitted Ext.P6 application seeking trade licence for M/s.A.K.Trading Company along with rent deed before the Secretary, Grama Panchayat, Chathanoor in the name of M/s.A.K.Trading Company. On receipt of application, Ext.P7 receipt was issued by the Secretary, Grama Panchayat, Chathanoor after due verification. The petitioners also submitted all requisite details before the