Pulikkal Traders vs. State Of Kerala - 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. 3217 of 2019 PETITIONER/S: PULIKKAL TRADERS TIRURKKAD,REPRESENTED BY ITS PROPRIETOR, SHAFI.P,AGED 44 YEARS,S/O.MOITHU HAJI, PULIKKAL HAJI,JARATHINGAL,KADAMPUZHA,PIN- 676553.MALAPPURAM DISTRICT. BY ADVS. SRI.K.SHIBILI NAHA SMT.A.LOWSY RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFIARS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 DISTRICT POLICE CHIEF, MALAPPURAM,PIN-676505. 3 SUB INSPECTOR OF POLICE, MANKADA,MALAPPURAM DISTRICT-676001. 4 SRI.PUTHIYANGADI BABUTTY, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, SECRETARY,STU, TIRURKAD UNIT, TIRURKAD.P.O, MALAPPURAM DISTRICT.

-2- W.P.(C). No. 3217 of 2019 5 SRI.VELLOORAN HANEEEFA, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, SECRETARY, CITU, TIRURKAD UNIT, TIRURKAD.P.O, MALAPPURAM DISTRICT-676001. ADDL. R6 KERALA HEAD LOAD WORKERS WELFARE BOARD ANGDIPPURAM, P.O.THIRURKAD, MALAPPURAM DISTRICT. (ADDL.R6 IMPLEADED AS PER ORDER DATED 18/02/2019 IA.NO.01/2019) BY ADVS. SRI.M.PREMKUMAR SRI.THOMAS ABRAHAM, SC, KHWWB OTHER PRESENT: SR.GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT P.R.Ramachandra Menon, J. The petitioner has moved this Court with the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ directing the respondents 2 & 3 to act upon Exhibit P4 in accordance with law. ii) Issue a writ of mandamus commanding the respondents 2 and 3 to afford adequate police protection to the petitioner establishment, and to the life and property of

-3- W.P.(C). No. 3217 of 2019 its workers registered in terms of the Head Load Workers Act 1978 and the rules there under, enabling smooth functioning of the petitioner concern. iii) Issue any other writ, order or direction, directing the 3rd respondent to register a crime against the offenders pursuant to the incident dated 24.01.2019 and thereafter and ensure law and order accordingly. iv) Declare that the action of the respondents 4 & 5 and their henchmen is highly illegal, opposed to the scheme of the Head load Workers Act 1978 and the rules there under, and further declare that there is no impediment in engaging its own workers by the petitioner establishment.”

When the matter came up for consideration before this Court on 11.02.2019, the writ petition was admitted and also granted the following interim order. “Admit. Learned Government Pleader takes notice on behalf of the respondents 1 to 3. Issue urgent notice to the respondents 4 and 5 by special messenger.

The learned counsel for the petitioner points out that even if it be a scheme covered area the attached permanent workers of the petitioner's establishment have obtained Rule 26A cards as borne by Ext.P3 and that the petitioner is entitled to have the loading and unloading activities done through the said permanent attached workers.

In the above circumstance, we find it appropriate to grant an interim order as prayed for. It is ordered accordingly. Post on 18.02.2019.”

Despite the completion of service of notice, the private respondents have not chosen to contest the matter by filing any

-4- W.P.(C). No. 3217 of 2019 counter affidavit. The pleading stands uncontroverted. Under such circumstances, we find it appropriate to make the interim order absolute. The writ petition stands disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE N.ANIL KUMAR JUDGE das APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE LICENSE ISSUED BY THE ANGADIPPURAM GRAMA PANCHAYATH(D&O LICENSE). EXHIBIT P2OF THE GST REGISTRATION CERTIFICATE. EXHIBIT P3OF THE IDENTITY CARDS PERTAINING TO 7 EMPLOYEES ISSUED IN TERMS OF THE PROVISIONS OF THE HEAD LOAD WORKERS ACT 1978 AND THE RULES THERE UNDER.

-5- W.P.(C). No. 3217 of 2019 EXHIBIT P4OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH ITS ACKNOWLEDGMENT. EXHIBIT P5OF THE INTERIM ORDER IN WP(C)NO.27900/2018 DATED 21.8.2O18.