Petitioner challenged obstruction in residential construction by labour union members. Court held area not under scheme and residential construction exempted. Disposed of petition directing police to afford protection if obstruction caused.
Directing the Police to afford protection, if any obstruction is caused. No costs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
WP(C).No. 76 of 2018
PETITIONER(S)
NIZAR MOHAMMED S/O.S.M.ABOO SALIH, T.C.36/1983, AL-ISLAH, N.H.BYE PASS, ENCHAKKAL, PETTA VILLAGE, THIRUVANANTHAPURAM, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AND FATHER SRI.S.M.ABOO SALIH, T.C.36/1983, AL-ISLAH, N.H.BYE PASS, ENCHAKKAL, PETTA VILLAGE, THIRUVANANTHAPURAM.
RESPONDENT(S):
1. THE STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-14.
2. THE CITY POLICE COMMISSIONER
3. THE STATION HOUSE OFFICER
4. THE KERALA HEAD LOAD WORKERS WELFARE FUND BOARD THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS CHAIRMAN-695001.
5. MOHAN S/O.BALAN PANICKER, CONVENOR, BMS THONDUKADAVU UNIT, KARALI ROAD AREA, ENCHAKKAL, THIRUVANANTHAPURAM-695001.
6. SUDARSAN S/O.SUSEELA, BMS THONDUKADAVU UNIT, KARALI ROAD AREA, ENCHAKKAL, THIRUVANANTHAPURAM-695001.
7. SHAJI CONVENOR, INTUC, BMS THONDUKADAVU UNIT, KARALI ROAD AREA, ENCHAKKAL, THIRUVANANTHAPURAM-695001.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 76 of 2018 (H)
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 THE TRUE COPY OF THE TAX RECEIPT DATED 18-11-2017 ISSUED BY THE VILLAGE OFFICER, PETTAH VILLAGE TO SRI.NIZAR MOHAMMED FOR THE PERIOD 2017-18. |
|---|
| EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT DATED 15-07-2017 ISSUED BY THE VILLAGE OFFICER, PETTAH VILLAGE TO SRI.NIZAR MOHAMMED AND SMT.TASLI FOR THE PERIOD 2017-18. |
| EXHIBIT P3 THE TRUE COPY OF THE BUILDING PERMIT NO.FE2/BN/98/16 DATED 29-05-2017 ISSUED BY THE THIRUVANANTHAPURAM CORPORATION TO THE PETITIONER. |
| EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AND ITS POSTAL RECEIPT DATED 16-12-2017. |
//TRUE COPY//
PS TO JUDGE.
jg-28/3
K.VINOD CHANDRAN & ASHOK MENON, JJ.
------------------------------------------WP(C) No.76 of 2018
------------------------------------------Dated this the 26th day of March, 2018
J U D G M E N T
Vinod Chandran, J.
The petitioner was aggrieved with the obstruction caused to the residential construction carried on by him, by respondents 5 to 7. Respondents 6 and 7 have been served. But none appears. Notice sent to the fifth respondent has not yet been returned. However, we feel that in the nature of the orders proposed to be passed, there is no reason why the fifth respondent should be heard.
The learned Standing Counsel appearing for the respondent Board submits on instructions that the area is not Scheme covered. Further, the construction activity carried on is of a residential building, which is also exempted. In such circumstances, none other than the persons chosen by the petitioner can claim loading and unloading work. The petitioner hence would be entitled to carry on the loading and unloading with his own employees. The Writ Petition is disposed of
WPC 76/18
-2-
directing the Police to afford protection, if any obstruction is caused. No costs.
Sd/-
K.VINOD CHANDRAN JUDGE
Sd/ASHOK MENON JUDGE
jg
1 issue framed by the court
Whether the petitioner can be entitled to carry on loading and unloading work with his own employees since the area is not scheme covered and residential construction is exempted.
NIZAR MOHAMMED S/O.S.M.ABOO SALIH
THE KERALA HEAD LOAD WORKERS WELFARE FUND BOARD
MOHAN S/O.BALAN PANICKER
SUDARSAN S/O.SUSEELA
SHAJI
K VINOD CHANDRAN
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
