Dismissed

Navas Sherief M. v. the District Police Chief

Kerala HC1 Mar 2021WP(C)/1583/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Court dismissed the petitioner's claim for police protection against threats from union members. The Court held that since the petitioner engaged unregistered workers at the time of filing, they cannot mandate protection for such workers in a designated scheme area until they are registered.

What did the court decide?

The writ petition was dismissed with directions to file a fresh petition once workers are registered to address any future law and order issues.

Navas Sherief M. Vs the District Police Chief — Pension and Retirement Benefits | Kerala HC (2021)

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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 ANIL K.NARENDRAN

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MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

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W.P(C).No.1583 OF 2021(W)

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PETITIONER:

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NAVAS SHERIEF M. AGED 29 YEARS S/O. MUTHU MUHAMMED, VALINAPPARAMBIL HOUSE, KUPPADI POST, VENGUR, SULTHAN BATHERY, WAYANAD - 673 592.

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BY ADVS. SRI. NIRMAL V NAIR SRI. AKHIL ALPHONSE G.

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RESPONDENTS:

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1 THE DISTRICT POLICE CHIEF OPPOSITE DOORDARSAN RELAY CENTRE, KALPETTA, WAYANAD DISTRICT, KERALA, PIN CODE - 673 122.

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2 THE DEPUTY SUPERINTENDENT OF POLICE, MANANTHAVADY P. O., WAYANAD DISTRICT, PIN CODE - 670 645.

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3 THE STATION OFFICER, MEENANGADI POLICE STATION, NH 766, MEENANGADI P. O., WAYANAD DISTRICT, KERALA, PIN CODE - 673 591.

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4 DISTRICT LABOUR OFFICER, CIVIL STATION, MADATHUMPADI, KALPETTA P.O., WAYANAD DISTRICT, KERALA, PIN CODE - 673 122.

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5 KERALA HEAD LOAD WORKERS WELFARE FUND BOARD, WAYANAD, KALPETTA P.O., WAYANAD DISTRICT, PIN CODE - 673 121, REPRESENTED BY ITS CHAIRMAN.

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W.P(C).No.1583 OF 2021

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6 SECRETARY, KERALA HEADLOAD AND GENERAL WORKERS UNION, CITU, MENNANGADI P. O., WAYANAD DISTRICT, PIN CODE - 673 591.

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7 SECRETARY, KERALA HEADLOAD AND GENERAL WORKERS UNION, INTUC, MENNANGADI P.O., WAYANAD DISTRICT, PIN CODE - 673 591.

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R5 – SRI. THOMAS ABRAHAM R6 – SRI. ASOK M.CHERIAN SRI. SUNILNATH N.B, GP SRI. S. KRISHNAMOORTHY, SC, KHWWB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No.1583 OF 2021

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JUDGMENT

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The petitioner has filed this writ petition under article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 1 to 3 to take appropriate action on Ext.P1 [sic Ext.P3] complaint dated 15.01.2021 and to provide adequate police protection against the illegal threats posed by the 6^th and 7^th respondents and their members so as to ensure peaceful functioning of the petitioner’s enterprise named ‘Prince Hypermarket’ in Building No.MP V/347-F, G, J, L, M, N, R, S, T, U, V, W at Karyambadi, Meenangadi, Purakkadi Village of Muttil Grama Panchayat.

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On 20.01.2021, when this writ petition came up for admission the learned Government Pleader took notice on admission for respondents 1 to 4, Sri.Thomas Abraham, the learned Standing Counsel took notice for the 5^th respondent. Urgent notice by speed post was ordered to respondents 6 and 7, returnable within two weeks. The learned Government Pleader was directed to get instructions.

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On 08.02.2021, when this writ petition came up for consideration the learned Standing Counsel for the 5^th respondent

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W.P(C).No.1583 OF 2021

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Headload Workers Welfare Board pointed out that the petitioner’s establishment is situated in an area where the head load workers in the pool under Kaniyampatta Sub Committee are being engaged. The learned Government Pleader pointed out lack of pleadings in Ext.P3 complaint dated 07.12.2020. After arguing for sometime, the learned counsel for the petitioner sought adjournment.

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Today, when this writ petition came up for consideration

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the petitioner has filed I.A No.1 of 2021, seeking an order to implead one Abdul Rahman K.B, as additional 8^th respondent and I.A No.2 of 2021 seeking an order to accept Exts.P5, P6 and P7 as additional documents. The documents marked as Exts.P5, P6 and P7 are identity cards issued to Shamsudeen P., Ajmal K. and Junais M.S, under Rule 26A(3) of the Kerala Headload Workers Welfare Rules, which are dated 02.02.2021, obtained after the filing of this writ petition, which is one filed on 19.01.2021.

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Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 4, the learned Standing Counsel for the 5^th respondent and the learned counsel appearing for the party respondent.

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The documents placed on record along with I.A No.2 of

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W.P(C).No.1583 OF 2021

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2021 would show that the petitioner obtained registration for three workers, who have been issued with Exts.P5 to P7 identity cards, on 02.02.2021, after the filing of this writ petition. As on the date of filing of the writ petition, i.e, as on 19.01.2021, the petitioner was not having registered headload workers. When the petitioner’s establishment is admittedly situated in a scheme covered area, he cannot seek a writ of mandamus commanding the 3^rd respondent Station House Officer to render necessary police protection to the loading and unloading work in his establishment, by engaging unregistered workers, in exclusion of the pool workers in that area. In case, after the issuance of Exts.P5 to P7 identity cards there is any law and order issues in connection with the loading and unloading activities in the petitioner's establishment, the petitioner has to bring it to the notice of the 3^rd respondent Station House Officer, by submitting a proper complaint. In case there is inaction on the part of the 3^rd respondent, the petitioner can approach this Court again by filing a fresh writ petition seeking Police Protection, with those who are causing obstruction to the loading and unloading activities in the party array.

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In such circumstances, this writ petition is dismissed for the

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W.P(C).No.1583 OF 2021

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above reason; however without prejudice to the aforesaid right of

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the petitioner.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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SPR

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W.P(C).No.1583 OF 2021

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER UNDER THE SHOPS AND ESTABLISHMENTS ACT DATED 15.01.2021.

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EXHIBIT P2 A TRUE COPY OF THE LIST OF EMPLOYEES OF THE PETITIONERS ESTABLISHMENT. EXHIBIT P3 A TRUE COPY OF THE POLICE COMPLAINT DATED 07.12.2020 SUBMITTED BEFORE THE 3RD RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE POSTAL RECEIPT DATED 08.12.2020. EXHIBIT P5 A TRUE COPY OF THE IDENTITY CARD ISSUED TO SHAMSUDEEN P DATED 2,2,2021 EXHIBIT P6 A TRUE COPY OF THE INDENTITY CARD ISSUED TO AJMAL K DATED 2,2,2021 EXHIBIT P7 A TRUE COPY OF THE IDENTITY CARD ISSUED TO JANIS M.S DATED 2,2,2021 EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER DATED 25.2.2021

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RESPONDENT'S/S EXHIBITS: NIL.

Navas Sherief M. v. the District Police Chief

Case brief

What is this about?

What did the court decide?

Navas Sherief M. v. the District Police Chief

Case brief

What is this about?

What did the court decide?

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