Ratheesh M.S. vs. The Station House Officer
Original PDF →DATED 9.1.2023 IN I.A.No.1/2020. BY ADV SRI.S.KRISHNA MOORTHY, SC BY SRI.T.K.SHAJAHAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.16387 OF 2020 -: 2 :- JUDGMENT Dated this the 9
th day of January, 2023 This writ petition is filed seeking directions to respondents 1 to 3 to provide adequate and sufficient police protection for the unloading and loading of Mobile phones and Television sets arriving the premises of the petitioner in vehicles and otherwise by the trained and skilled employees of the petitioner without any obstruction or interference by the 4th respondent union and the persons behind it including its members.
Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned Standing Counsel appearing for the 5th respondent.
It is submitted by the learned counsel appearing for the respondents that the issue raised in this writ petition stands squarely covered by the judgment dated 20.9.2021 in W.P.(C) No.28462/2020 and connected cases. It is submitted that in so far as the articles and equipments which are categorised as fragile, delicate and sophisticated by the manufacturers, the petitioner may have a right to load and
WP(C) NO.16387 OF 2020 -: 3 :- unload such articles with the help of their specialised workers. However, it is submitted that in respect of all other articles, since the area in question is a scheme covered area, the pool workers have a right to load and unload the articles. It is submitted that the very same question has been considered and decided by this Court in the writ petition mentioned above.
Having considered the contentions advanced on either side and in view of the submissions made, I am of the opinion that this writ petition would also be governed by the directions issued in W.P.(C) No.28462/2020 and connected cases.
In the above view of the matter, this writ petition is closed, directing that in case of the loading and unloading of mobile phones, electronic articles, appliances, equipments, etc. which are categorised as fragile, delicate and sophisticated by the manufacturers, the petitioner will be permitted to carry out the loading and unloading activities using their trained and specialised workers. However, in respect of other articles and other headload works, the pool workers shall be engaged. In case of any obstruction to the loading and unloading works as
WP(C) NO.16387 OF 2020 -: 4 :- stated above from the party respondents, the petitioner may inform the Station House Officer, who shall afford necessary protection to the petitioner. ANU SIVARAMAN
JUDGE Jvt/16.1.2023
WP(C) NO.16387 OF 2020 -: 5 :- APPENDIX OF WP(C) 16387/2020 PETITIONER EXHIBITS EXHIBIT P1 PHOTOCOPY OF REGISTRATION CERTIFICATE IN FORM GST.REG O6 ISSUED UNDER KERALA GOODS AND SERVICES TAX ACT 2017. EXHIBIT P2 PHOTOCOPY OF LETTER OF INFORMATION DATED 7/8/20 SUBMITTED BEFORE THE POLICE. EXHIBIT P3 PHOTOCOPY OF PETITION DATED 8/8/20 BEFORE THE 1ST RESPONDENT. EXHIBIT P4 PHOTOCOPY OF TAX INVOICE DATED 29/7/20. EXHIBIT P5 PHOTOCOPY OF TAX INVOICE DATED 16/7/20. EXHIBIT P6 PHOTOCOPY OF TAX INVOICE DATED 13/7/20.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.