Jawahar Manikandan vs. District Police Chief - Kerala High Court, 08 February 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 FRIDAY ,THE 08TH DAY OF FEBRUARY 2019 / 19TH MAGHA, 1940 WP(C).No. 3010 of 2019 PETITIONER/S: JAWAHAR MANIKANDAN, AGED 55 YEARS S/O.JAWAHAR T., BHAGYAM NIVAS, HOUSE NO.35, GANDHI NAGAR, CHAKKANTHARA, PALLIPURAM P.O., PALAKKAD, PROPRIETOR, JAWAHAR STEELS. BY ADV. SRI.L.RAJESH NARAYAN IYER RESPONDENT/S: 1 DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, PUDUPALLI THERUVU, NURANI, PALAKKAD- 678001. 2 SUB INSPECTOR OF POLICE, PALAKKAD NORTH POLICE STATION, PALAKKAD- 678001. 3 THE KERALA HEADLOAD WORKER'S WELFARE FUND BOARD, PALAKKAD LOCAL COMMITTEE, 1ST FLOOR, MUNICIPAL BUILDING, BIG BAZAR, PALAKKAD- 678014, REPRESENTED BY ITS CHAIRMAN. 4 THE CHAIRMAN, KERALA HEAD LOAD WORKER'S WELFARE FUND BOARD P.B.NO.2017, S.R.M. ROAD, ERNAKULAM, KOCHI- 682018. 5 SECRETARY, BMS UNION, KOPPAM JUNCTION, PALAKKAD- 678001. 6 SECRETARY, INTUC, KOPPAM JUNCTION, PALAKKAD- 678001. BY ADVS.SRI.R.HARISHANKAR FOR R5 & 6 SRI.THOMAS ABRAHAM, SC, KHWWB SR.GP SRI.P.P.THAJUDEEN FOR R1 AND 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).3010/19 2 JUDGMENT P.R. Ramachandra Menon, J. The petitioner has approached this Court with the following prayers: i. Issue a writ in the nature of mandamus or any such other writ, direction or orders commanding the 2nd respondent to afford adequate protection to the life and property of the petitioner and his permanent workmen and to ensure that the members of the respondents 5 and 6 do not disrupt the works in the establishment of the petitioner since the premises is not in an area covered under the scheme to the Kerala Headload Workers Act; and, ii. To declare that the members of the 5th and 6th respondents have no right to claim employment in the establishment of the petitioner since the premises is not in an area covered under the scheme to the Kerala Headload Workers Act;

Heard Sri.L.Rajesh Narayan Iyer, the learned counsel for the petitioner, Sri.R.Harishankar, the learned counsel who entered appearance for the private respondents, Sri.Thomas Abraham, the learned Standing Counsel for the Board, besides Sri.P.P.Thajudeen, the learned Senior Government Pleader appearing on behalf of the State.

W.P(C).3010/19 3

During the course of hearing, the learned counsel for the private respondents submits that the version put forth by the petitioner as such is not correct and that the said respondents have not caused any forceful obstruction with regard to the loading/unloading activities stated as being done by the petitioner in the establishment. It is however stated that the said respondents were working earlier, adding that the shed found in Ext.P5 photographs was constructed years back.

The learned Standing Counsel for the Board submits that the place in question is not a scheme covered area. There is no dispute with regard to the said factual aspect. In so far as the place in question is not a scheme covered area, it is quite open for the petitioner to engage persons of his choice to do the loading/unloading activities, in view of the law declared by the Full Bench of this Court in Raghavan v. Superintendent of Police [1998 (2) KLT 732] and Karunakara Kurup v. State of Kerala [2004 (1) KLT 215].

In view of the submission made by the learned counsel for the respondents 5 and 6, that they have not caused any obstruction; nor will they cause any obstruction with regard to the loading and unloading activities in the establishment of the

W.P(C).3010/19 4 petitioner, we find it appropriate to dispose of the matter, recording the said submission and undertaking. If there is any violation in any manner from the part of the respondents 5 and 6, or anybody under them, it shall be for the 2nd respondent/Sub Inspector of Police to intervene and take appropriate remedial measures to abate the threat to the rule of law. The matter stands disposed of as above. P.R.RAMACHANDRA MENON JUDGE N.ANIL KUMAR JUDGE okb //// P.A. to Judge

W.P(C).3010/19 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE GST REGISTRATION CERTIFICATE DATED 21.09.2017. EXHIBIT P2OF THE POSSESSION CERTIFICATE DATED 27.03.2015. EXHIBIT P3OF THE PROPERTY TAX RECEIPT DATED 24.09.2018. EXHIBIT P4OF THE D AND O LICENSE DATED 01.04.2018. EXHIBIT P5 FEW PHOTOGRAPHS OF THE MACHINERIES. EXHIBIT P6OF THE COMPLAINT DATED 29.01.2018.