The High Court at Ernakulam disposed of a writ petition seeking police protection for fish market pool leaders. With no changes warranted, the preliminary single order was made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA, 1941
WP(C).No.1521 OF 2019(M)
PETITIONERS:
1 ARSHAD HUSSAIN, AGED 47 YEARS, S/O. LATE SHAMSUDEEN (POOL LEADER OF POOL VA3, VENJARAMOODU FISH MARKET) 'KIZHAKKUMKARA PUTHENVEEDU', MAKKAMKONAM, VENJARAMOOD P. O., PIN - 695 607
2 ASHRAF, S/O. SHAHUL HAMEED, ANEESA MANZIL, KUNNUMUKAL, KADUVAKUZHI, VELLUMANNADI P. O., NELLANAD, VENJARAMOOD P. O., PIN - 695 607
3 SAJEER A., S/O. ABDULSALAM, THANNIYODU VEEDU, VENJARAMOOD P. O., THIRUVANANTHAPURAM, PIN - 695 607
4 SUBAIRKUNJU, VADAKKANADU PUTHEN VEEDU, VENJARAMOOD P. O., THIRUVANANTHAPURAM, PIN - 695 607
5 SAKEER HUSSAIN K., 14/88, M. R. MANZIL, CHACKVILAKAM, MANALIMUKKU, VENJARAMOOD P. O., THIRUVANANTHAPURAM, PIN - 695 607
6 NISAMUDEEN A., BISMILLA MANZIL, PANIKKARUKONAM, MANALIMUKKU, VENJARAMOOD P. O., THIRUVANANTHAPURAM, PIN - 695 607
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W.P. (C) No.1521 of 2019
| 7 | SHAFEEK R., SULTHANA MANZIL, UDHIMOOD, VENJARAMOOD P. O., THIRUVANANTHAPURAM, PIN - 695 607 |
|---|---|
| 8 | NOUSHAD, |
| N. S. MANZIL, MANALIMUKKU, VENJARAMOOD P. O., | |
| THIRUVANANTHAPURAM, PIN - 695 607 | |
| 9 | SULFIKAR A., SAYEDALI MANZIL, THATTATHUMALA P. O., |
| THIRUVANANTHAPURAM, PIN - 695 614 | |
| 10 | ANSHAR, EDAVAMPARAMBU COLONY, KOTTUKUNNAM P. O., |
| NELLANAD, THIRUVANANTHAPURAM, PIN - 695 606 | |
| 11 | SAJEEB KHAN, FATHIMA MANZIL, MANALIMUKKU, VENJARAMOOD P. O., THIRUVANANTHAPURAM, PIN - 695 607 |
| 12 | FAZILUDEEN S., AMEEN MANZIL, PALAYAM P. O., VENJARAMOOD P. O., THIRUVANANTHAPURAM, PIN - 695 607 |
| 13 | NAZEER A., MEHRA LAND, MADANKAVU, PERUMKULAM P. O., |
| THIRUVANANTHAPURAM, PIN - 695 102 | |
| 14 | NISSAMUDHEEN S., AFSAL MANZIL, ANAPPARA, KEEZHAIKONAM - 695 606 |
| 15 | NAZEER K., VILAYIL VEEDU, UDIMOODU, VENJARAMOOD P. O., |
| THIRUVANANTHAPURAM, PIN - 695 607 | |
| 16 | NAVAS S., SULTHAN VEEDU, KOCHUKUNNU, VENJARAMOOD P. O., |
| THIRUVANANTHAPURAM, PIN - 695 607 |
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W.P. (C) No.1521 of 2019
M. M. MANZIL, THATTAKONATHU VEEDU, NANNATTUKAVU, POTHENCODE P. O., THIRUVANANTHAPURAM, PIN - 695 584
BY ADV. SRI.C.S.AJITH PRAKASH
RESPONDENTS:
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W.P. (C) No.1521 of 2019
5 THE CONVENOR, THE SUB COMMITTEE, VENJARAMOODU, KERALA HEAD LOAD WORKERS WELFARE BOARD, VENJARAMOODU SUB OFFICE, 2ND FLOOR, MANICKAL MALL, MARKET ROAD, VENJARAMOOD - 695 607
8 KAMAR ZAMAAL, M. RASHEED FISH COMMISSION AGENT, VENJARAMOODU FISH MARKET, VENJARAMOODU, PIN - 695 607
5
W.P. (C) No.1521 of 2019
A. S. FISH COMMISSION AGENT, POOL NO. VA3-264, VENJARAMOODU MARKET, VENJARAMOODU - 695 607
R4-5 BY SRI.THOMAS ABRAHAM, SC, KHWWB R8-14 BY ADV. SRI.ASWIN.P.JOHN SRI. P.P. THAJUDHEEN SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No.1521 of 2019
W.P. (C) No. 1521 of 2019
J U D G M E N T
This is a writ petition seeking police protection. After hearing the parties concerned, this Court passed an interim order on 22.01.2019 in favour of the petitioners. No circumstances warranting variation of the said interim order are made out thereafter. In the circumstances, the writ petition is closed making interim order dated 22.01.2019 absolute.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE 1ST PETITIONER |
6A CARD ISSUED TO THE |
|---|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE VA3 POOL DURING THE 7/18 |
ACQUITTENCE ROLL OF MONTH OF 5/18 AND |
| EXHIBIT P3 | A TRUE COPY OF THE 12.03.2018 SUBMITTE SECRETARY OF VA3 PO COMMITTEE OF THE BO |
COMPLAINT DATED D BY THE TRADE UNION OL TO THE SUB ARD, VENJARAMOODU |
| EXHIBIT P4 | A TRUE COPY OF THE 05.04.2018 |
REPRESENTATION DATED |
| EXHIBIT P5 | A TRUE COPY OF THE 31.10.2018 IN W.P.( |
INTERIM ORDER DATED C) NO.35524/18(M) |
| EXHIBIT P6 | A TRUE COPY OF THE DATED 08.11.2018 SE TO THE 1ST AND 4TH |
COMMUNICATION LETTER NT BY REGISTERED POST RESPONDENT |
| EXHIBIT P7 | A TRUE COPY OF THE 07.12.2018 |
STATEMENT DATED |
| EXHIBIT P8 | A TRUE COPY OF THE 11.12.2018 FILED BY |
STATEMENT DATED THE STANDING COUNSEL |
| EXHIBIT P9 | A TRUE COPY OF THE MEETING DATED 16.10 |
MINUTES OF THE .2018 |
| EXHIBIT P10 | A TRUE COPY OF THE BY FISH COMMISSION DATED NIL |
APPLICATION SUBMITTED AGENT MR. LATHEEF |
| EXHIBIT P11 | A TRUE COPY OF THE BY H. SIRAJ, FISH C |
APPLICATION SUBMITTED OMMISSION AGENT |
| EXHIBIT P12 | A TRUE COPY OF THE 29.09.2018 SUBMITTE COMMISSION AGENT |
APPLICATION DATED D BY SAMAN FISH |
| EXHIBIT P13 | A TRUE COPY OF THE BY ADHIL FISH COMMI |
APPLICATION SUBMITTED SSION AGENT |
|---|---|---|
| EXHIBIT P14 | A TRUE COPY OF THE BY THE PETITIONER D |
APPLICATION SUBMITTED ATED 29.10.2018 |
| EXHIBIT P15 | A TRUE COPY OF THE 26.11.2018 |
REPLY DATED |
| EXHIBIT P16 | A TRUE COPY OF THE REMITTANCE TO THE B WORKERS DATED 30.11 BOARD TO MR. RAHIM |
CHELLAN SHOWING THE OARD SEEKING POOL .2018 ISSUED BY THE |
| EXHIBIT P17 | A TRUE COPY OF THE REMITTANCE TO THE B WORKERS DATED 30.11 BOARD TO MR. A. A. |
CHELLAN SHOWING THE OARD SEEKING POOL .2018 ISSUED BY THE LATHEEF |
| EXHIBIT P18 | A TRUE COPY OF THE REMITTANCE TO THE B WORKERS DATED 30.11 BOARD TO MR. SIRAJ |
CHELLAN SHOWING THE OARD SEEKING POOL .2018 ISSUED BY THE |
| EXHIBIT P19 | A TRUE COPY OF THE REMITTANCE TO THE B WORKERS DATED 30.11 BOARD RECEIPT NO.17 |
CHELLAN SHOWING THE OARD SEEKING POOL .2018 ISSUED BY THE 418 |
| EXHIBIT P20 | A TRUE COPY OF THE SHOWING THE MARKET |
PHOTOGRAPHS SERIES PLACE |
| EXHIBIT P21 | A TRUE COPY OF THE THE PRESIDENT OF TH DATED 15.12.2018 |
CERTIFICATE ISSUED BY E NELLANAD PANCHAYTH |
| EXHIBIT P22 | A TRUE COPY OF THE 13.12.2018 |
APPLICATION DATED |
| EXHIBIT P23 | A TRUE COPY OF THE 20.12.2018 IN W. P. |
INTERIM ORDER DATED (C) NO.35524/2018 |
| EXHIBIT P24 | A TRUE COPY OF THE THE LAST RESPONDENT |
26 A CARD ISSUED TO |
| EXHIBIT P25 | A TRUE THE ASS 26.12.2 |
COPY ISTA 018 |
OF NT |
THE LABOU |
LETTER FORWARDED BY R OFFICER DATED |
|---|---|---|---|---|---|
| EXHIBIT P26 | A TRUE WITHOUT |
COPY ITS |
OF AN |
THE NEXUR |
APPEAL MEMORANDUM ES |
| EXHIBIT P27 | A TRUE BEFORE 15.01.2 |
COPY THE 019 |
OF 1ST |
THE RESP |
PETITION SUBMITTED ONDENT DATED |
| EXHIBIT P28 | A TRUE PROTECT BEFORE |
COPY ION THE |
OF DAT 2ND |
THE ED 15 RESP |
PETITION FOR POLICE .01.2019 SUBMITTED ONDENT |
| EXHIBIT P29 | A TRUE PROTECT BEFORE |
COPY ION THE |
OF DAT 3RD |
THE ED 15 RESP |
PETITION FOR POLICE .01.2019 SUBMITTED ONDENT |
| EXHIBIT P30 | A TRUE BEFORE OF THE |
COPY THE BOAR |
OF DIS D |
THE TRICT |
PETITION SUBMITTED COMMITTEE CHAIRMAN |
| EXHIBIT P31 | A TRUE BEFORE THE BOA |
COPY THE RD |
OF SUP |
THE ERINT |
PETITION SUBMITTED ENDENT, SUB OFFICE OF |
RESPONDENT'S/S EXHIBITS:
ANNEXURE R4(A) THE TRUE COPY OF THE REQUEST LETTER SENT BY THE 8TH RESPONDENT SEEKING REGISTRATION FOR HIS WORKERS. ANNEXURE R4(B) THE TRUE COPY OF THE REQUEST LETTER SENT BY THE 9TH RESPONDENT SEEKING REGISTRATION FOR HIS WORKERS. ANNEXURE R4(C) THE TRUE COPY OF THE REQUEST LETTER SENT BY THE 10TH RESPONDENT SEEKING REGISTRATION FOR HIS WORKERS. ANNEXURE R4(D) THE TRUE COPY OF THE REQUEST LETTER SENT BY THE 11TH RESPONDENT SEEKING REGISTRATION FOR HIS WORKERS. ANNEXURE R4(E) THE TRUE COPY OF THE RESOLUTION NO.8(25) DATED 16.10.2018.
ANNEXURE R4(F) THE TRUE COPY OF THE COMMUNICATION DATED 29.10.2018 SENT BY THE BOARD TO THE ALO, ATTINGAL
//TRUE COPY//
PA TO JUDGE
YKB
1 issue framed by the court
Whether to make the interim order dated 22.01.2019 granting police protection to the petitioners absolute.
ARSHAD HUSSAIN and others
THE SUPERINTENDENT OF POLICE (RURAL)
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
