M.Abdul Majeed vs. The Station House Officer
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THUR AY, THE 24TH DAY OF AUGUST 2023 / 2ND BHADRA, 1945 WP(C) NO. 27107 OF 2023 PETITIONER: M.ABDUL MAJEED, AGED 74 YEARS, PROPRIETOR, MAM TRADERS, 40/2421-1984, KB NAGAR, MADANNADA, BEHIND MTM HOSPITAL, KOLLAM, RESIDING AT MATTATHU HOUSE, MAYYANAD, PULLICHIRA P.O., KOLLAM 691304., PIN - 691010 BY ADVS. B.ASHOK SHENOY P.S.GIREESH SALIH P.A. ARJUN R NAIK THEJALAKSHMI R.S. RESPONDENTS: 1 THE STATION HOUSE OFFICER, ERAVIPURAM POLICE STATION, ERAVIPURAM PO, KOLLAM ., PIN - 691011 2 KOLLAM DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU) - MADANNADA UNITREPRESENTED BY ITS CONVENER, LOADING & UNLOADING OFFICE, HABEEB BUILDING, MADANNANDA, VADAKKEVILA PO, KOLLAM., PIN - 691010 3 SALIM A.CONVENER, KOLLAM DISTRICT HEADLOAD & GENERAL WORKERS UNION (CITU), MADANNADA UNIT, SHEMEER MANZIL, PARAKULAM, KOTTIYAM, KOTTIYAM PO, KOLLAM., PIN - 691571 4 KOLLAM DISTRICT LOADING AND UNLOADING WORKERS CONGRESS (INTUC) - MADANNADA UNITREPRESENTED BY ITS CONVENER, LOADING AND UNLOADING OFFICE, HABEEB BUILDING, MADANNADA, VADAKKEVILA PO, KOLLAM., PIN - 691010 5 GOPAKUMAR CONVENER, KOLLAM DISTRICT LOADING AND UNLOADING WORKERS CONGRESS (INTUC) - MADANNADA UNIT, MULAKKAL VEEDU, DESHASEVINI NAGAR, DNRA 65, MURINGAKKAMUKKU, MARUTHADY PO, KOLLAM., PIN - 691003 6 KERALA HEADLOAD WORKERS WELFARE FUND BOARDKOLLAM DISTRICT OFFICE, USHUS BUILDING, II FLOOR, ANDAMUKKAM, KOLLAM., REPRESENTED BY ITS CHAIRMAN., PIN - 691001 BY ADV K.SIJU OTHER PRESENT: SRI. RAJEEV JYOTHISH GEORGE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.27107 of 2023 2 P.V.KUNHIKRISHNAN - - - - - - - - - - - - - - - - - - - - - W.P (C) No.27107 of 2023 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of August, 2023 JUDGMENT This writ petition is filed with the following prayers:- “(a) Dispense the production of English translation of Malayalam Exhibits P2 to P9; (b) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding 1st respondent to provide adequate and necessary protection to the petitioner and his godown at 40/2421-1984, KB Nagar, Madannada, Behind MTM Hospital, Kollam 691 010 as also his son, officials, employees, workers, customers and vehicles coming to the godown thereof, for entry to and fro the godown, and for its due functioning and operations including loading and unloading works carried therein, without any let or hindrance from respondents nos.2 to 5 as also their members and men; and (c) Grant such other and further relief as are deemed just and necessary in the facts and circumstances of the case including the costs of this proceedings; as also the following:” (SIC)
When this writ petition came up for consideration on 17.08.2023, this Court passed the following order:- “Admit. Learned Government Pleader takes notice for R1. Issue urgent notice for R2 to R5. Learned Standing Counsel takes notice for R6. According to the petitioner, it is a scheme covered area. If that is the case, there can be an interim direction to the 1st respondent. Therefore, the 1st respondent is directed to
W.P (C) No.27107 of 2023 3 provide adequate and necessary protection to the petitioner and his godown at 40/2421 - 1984. KB Nagar, Madannada, Behind MTM Hospital, Kollam and allow the registered Headload workers having 26 A card as evident by Exts.P2 to P7 to do the work. Post on 24-08-2023. .”
Even though notice is taken to the party respondents through special messenger, there is no appearance. The counsel appearing for the 6th respondent submitted that it is a scheme covered area. In the light of the same, the interim order can be made absolute. Therefore, this writ petition is disposed of with the following directions. 1) The order dated 17.08.2023 is made absolute. 2) If there is any law and order problem, the petitioner is free to approach the 1st respondent and in such an event, the 1st respondent will do the needful in tune with the order dated 17.08.2023. P.V.KUNHIKRISHNAN JUDGE bng
W.P (C) No.27107 of 2023 4 APPENDIX OF WP(C) 27107/2023 PETITIONER EXHIBITS Exhibit P1OF REGISTRATION CERTIFICATE NUMBER 32ABYPS8916N1ZK DATED 27.6.2023 ISSUED BY ASSISTANT COMMISSIONER OF GOODS AND SERVICE TAX NETWORK UNDER CENTRAL GOODS AND SERVICES TAX ACT 2017 Exhibit P2OF IDENTITY CARD DATED NIL ISSUED BY ASSISTANT LABOUR OFFICER PARAVUR IN RESPECT OF PETITIONER'S HEADLOAD WORKER, SIDDQUE S., UNDER RULE 26A OF KERALA HEADLOAD WORKERS RULES Exhibit P3OF IDENTITY CARD DATED NIL ISSUED BY ASSISTANT LABOUR OFFICER PARAVUR IN RESPECT OF PETITIONER'S HEADLOAD WORKER, ABHILASH UNDER RULE 26A OF KERALA HEADLOAD WORKERS RULES Exhibit P4OF IDENTITY CARD DATED 27.1.2016 ISSUED BY ASSISTANT LABOUR OFFICER PARAVUR IN RESPECT OF PETITIONER'S HEADLOAD WORKER, SHAMNAD UNDER RULE 26A OF KERALA HEADLOAD WORKERS RULES Exhibit P5OF IDENTITY CARD DATED NIL ISSUED BY ASSISTANT LABOUR OFFICER PARAVUR IN RESPECT OF PETITIONER'S HEADLOAD WORKER, SIDDQUE A.R., UNDER RULE 26A OF KERALA HEADLOAD WORKERS RULES Exhibit P6OF IDENTITY CARD DATED NIL ISSUED BY ASSISTANT LABOUR OFFICER PARAVUR IN RESPECT OF PETITIONER'S HEADLOAD WORKER, SAVAD S., UNDER RULE 26A OF KERALA HEADLOAD WORKERS RULES Exhibit P7OF IDENTITY CARD DATED 27.1.2016 ISSUED BY ASSISTANT LABOUR OFFICER PARAVUR IN RESPECT OF PETITIONER'S HEADLOAD WORKER, SHAMEER A., UNDER RULE 26A OF KERALA HEADLOAD WORKERS
W.P (C) No.27107 of 2023 5 RULES Exhibit P8COMPLAINT DATED 18.7.2023 SUBMITTED BY PETITIONER BEFORE 1ST RESPONDENT Exhibit P9OF THE RECEIPT NO.1759/DPIN/P&/2023 DATED 18.7.2023 ISSUED BY 1ST RESPONDENT TO PETITIONER
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