Disposed

Sebastian Thomas v. State of Kerala

Kerala HC14 Feb 2020WP(C)/627/2020

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking police protection for the petitioner against alleged obstructions by respondents 4 to 8. Relying on an interim order issued the previous day, made the order absolute to provide protection for the petitioner's employees in his rice godown.

What did the court decide?

The interim order granting police protection to the petitioner and his employees was made absolute; writ petition disposed.

Sebastian Thomas Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941

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WP(C).No.627 OF 2020(C)

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PETITIONER:

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SEBASTIAN THOMAS AGED 30 YEARS

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S/O.THOMAS OUSEPH, RESIDING AT XVI/468 A, KONNTHAN BUILDING, OKKAL, CHELAMATTOM, ERNAKULAM, KERALA-683 550.

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BY ADVS. SRI.ANOOP.V.NAIR SHRI.NIKITHA ANTONY

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 SUB INSPECTOF OF POLICE, PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT-683 542.

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3 THE CIRCLE INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, PERUMBAVOOR, ERNAKULAM DISTRICT-683 542.

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4 MARTIN,

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S/O.VARKEY, RESIDING AT THELAKKADAN HOUSE, OKKAL P.O., NAMBILLY, ERNAKULAM DISTRICT-683 550.

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5 BABY,

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S/O.PAPPACHAN, RESIDING AT THELAKKADAN HOUSE, OKKAL P.O., NAMBILLY, ERNAKULAM DISTRICT-683 550.

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6 JOSE, AGED 60 YEARS S/O.POULO, RESIDING AT KALLARA HOUSE, OKKAL P.O., NAMBILLY, ERNAKULAM DISTRICT-683 550.

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7 JOY,

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S/O.PAILIKUTTY, RESIDING AT THOTTAPPILLY HOUSE, OKKAL P.O., NAMBILLY, ERNAKULAM DISTRICT-683 550.

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8 OUSEPPACHAN,

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WP(C).No.627 OF 2020(C)

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AGED 60 YEARS S/O.RAPHEAL, RESIDING AT KONNATHAN HOUSE, OKKAL P.O., NAMBILLY, ERNAKULAM DISTRICT-683 550.

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9 KERALA HEADLOAD WORKERS WELFARE BOARD, PERUMBAVOOR COMMITTEE, PERUMBAVOOR P.O., ERNAKULAM DISTRICT, PIN-683 542, REPRESENTED BY ITS SECRETARY.

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R4-8 BY ADV. SRI.S.RENJITH R4-8 BY ADV. SMT.MANJUSHA M NAIR R9 BY SRI.S.KRISHNA MOORTHY, SC, KHWWB SR GP ADV. SRI.P P THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.627 OF 2020(C)

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JUDGMENT

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Dated this the 14th day of February 2020

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The petitioner approached this Court for police protection. This

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Court on 13.01.2020 passed the following interim order:-

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“ Issue notice by Special Messenger to respondents 4 to 8.

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2. The learned Government Pleader takes notice for respondents 1 to 3. The learned Standing Counsel takes notice for the 9^th respondent.

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3. The petitioner operates rice packing and stocking Godown at Okkal, Perumbavoor. It is submitted before this Court by the petitioner as well as the Standing Counsel for the Headload Workers Board that the area is not a schme covered area. The petitioner's case is that he has got his own employees for loading and unloading activities. The petitioner alleges that there are obstructions being caused by the party respondents and their associates (respondents 4 to 8) while loading and unloading.

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In the light of fact that this is not a scheme covered area, it is appropriate to order police protection to the petitioner and the petitioner's employees from any obstruction being caused to them. Necessary action shall be taken by 2^nd respondent.”

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2. The learned counsel for the party respondents submits that

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an agreement was executed between the petitioner and respondents 4

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WP(C).No.627 OF 2020(C)

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to 8 and alleged that there is a breach committed by the petitioner. If there is any breach on the agreement, the party respondents can take up the matter in appropriate manner.

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The area is not a scheme covered area. In such circumstances,

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this Court has to accord police protection from any obstruction being caused to the petitioner while engaging his own employees for loading and unloading.

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Making the interim order absolute, the writ petition is disposed

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of.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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SAS/14/02/2020

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WP(C).No.627 OF 2020(C)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE QUESTIONNAIRE AND ANSWER RECEIVED UNDER RTI ACT FROM THE 9TH RESPONDENT DATED 23.11.2019.
EXHIBIT P2	TRUE COPY OF THE LICENCE NO.A3- 1598/19/2019-20/170 DATED 02.04.2019 ISSUED TO THE PETITIONER'S FIRM BY THE OKKAL GRAMA PANCHAYAT.
EXHIBIT P2A	TRUE COPY OF THE LICENSE DATED 11.12.2019 ISSUED TO THE PETITIONER'S FIRM BY THE COMMISSIONERATE OF FOOD SAFETY.
EXHIBIT P2 B	TRUE COPY OF THE LICENSE/CERTIFICATE DATED 05.01.2019 ISSUED TO THE PETITIONER'S FIRM BY THE REGISTRATION OF LEGAL METROLOGY LICENCE.
EXHIBIT P2 C	TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 17.12.2018 ISSUED TO THE PETITIONER'S FIRM DATED BY THE OKKAL GRAMA PANCHAYAT THE GST REGISTRATION CERTIFICATE.
EXHIBIT P3	TRUE COPY OF THE ONLINE APPLICATION NO.224784 FOR REGISTRATION OF HEAD LOAD WORKERS DATED 12.06.2019 SUBMITTED BY THE WORKERS OF THE PETITIONER'S UNIT IN RESPECT OF 26 A CARD.
EXHIBIT P3 A	TRUE COPY OF THE ONLINE APPLICATION NO.224788 FOR REGISTRATION OF HEAD LOAD WORKERS SUBMITTED BY THE WORKERS OF THE PETITIONER;S UNIT IN RESPECT OF 26 A CARD.
EXHIBIT P3 B	TRUE COPY OF THE ONLINE APPLICATION NO.224794 FOR REGISTRATION OF HEAD LOAD WORKERS SUBMITTED BY THE WORKERS OF THE PETITIONERS UNIT IN RESPECT OF 26 A CARD.
EXHIBIT P4	TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF PETITION DATED 07.01.2020 ISSUED TO THE PETITIONER BY THE PERUMBAVOOR POLICE STATION.
EXHIBIT P4 A	TRUE COPY OF THE COMPLAINT DATED 07.01.2020

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WP(C).No.627 OF 2020(C)

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SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPH WHICH SHOWS THE SCUFFLE OCCURRED IN THE GODOWN OF THE PETITIONER.

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RESPONDENTS' EXHIBITS:

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EXHIBIT-R4(a) TRUE COPY OF THE IDENTITY CARD UNDER PARA 6A OF THE SCHEME OF THE 4TH RESPONDENT DATED 12.3.1999. EXHIBIT-R4(b) TRUE COPY OF THE IDENTITY CARD OF THE 5TH RESPONDENT EXHIBIT-R4(c) TRUE COPY OF THE IDENTITY CARD OF THE 6TH RESPONDENT UNDER PARA 6A OF THE SCHEME DATED 28.02.1999. EXHIBIT-R4(d) TRUE COPY OF THE IDENTITY CARD OF THE 7TH RESPONDENT UNDER PARA 6A OF THE SCHEME DATED 20.02.1999. EXHIBIT-R4(e) TRUE COPY OF THE IDENTITY CARD OF THE 8TH RESPONDENT UNDER PARA 6A SCHEME DATED 28.02.1999

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EXHIBIT-R4(f) TRUE COPY OF THE SETTLEMENT AGREEMENT EXECUTED BY THE PETITIONER WITH THESE RESPONDENTS AND IN THE PRESENCE OF LABOUR OFFICER DATED 11.12.2019.

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//TRUE COPY//

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P.A. TO JUDGE

Sebastian Thomas v. State of Kerala

Case brief

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Sebastian Thomas v. State of Kerala

Case brief

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