Court made an interim order absolutely directing police protection for petitioner to use mechanical devices for loading/unloading, dismissing argument that scheme covered area pool workers preclude this.
Interim order directing respondents 3 and 4 to afford protection 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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944
WP(C) NO. 10458 OF 2021
PETITIONER:
MANAPURAM ROOFINGS
XX/32, PANAMBILLY JN. CHALAKUDY, THRISSUR DISTRICT
REPRESENTED BY ITS PROPRIETOR, CELINE JOHNY,
W/O.K.P. JOHNY, AGED 59 YEARS,
RESIDING AT KAITHARATH HOUSE, CHALAKUDY P.O.
CHALAKUDY VILLAGE, THRISSUR DISTRICT.
BY ADV P.M.ZIRAJ
RESPONDENTS:
1 THE HEAD LOAD WORKERS UNION (CITU) POTTA UNIT, THRISSUR DISTRICT, PIN-680 722, REPRESENTED BY ITS SECRETARY.2 THE KERALA STATE HEAD LOAD WORKERS WELFARE BOARD, THRISSUR DISTRICT COMMITTEE, THRISSUR 682001. REPRESENTED BY ITS CHAIRMAN.3 THE INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, THRISSUR DISTRICT 680 307.4 THE DISTRICT POLICE CHIEF, THRISSUR, THRISSUR DISTRICT 680 001. SRI.S.KRISHNA MOORTHY, SC, KHWWBT.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10458 OF 2021
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JUDGMENT
Dated this the 2nd day of September, 2022
This writ petition is filed seeking the following prayers:
“(A) Issue a writ of mandamus or other appropriate writ, order or direction directing the third respondent to afford proper and adequate police protection to the petitioner, employees and also to the petitioner industry, machinery and vehicles from the threat of members and followers of first respondent and their henchmen for doing the loading and unloading works in the industry of petitioner through mechanized devices.
(ii) Direct the third respondent to take proper and adequate preventive action against members and followers of first respondent from causing any untoward incident against the petitioner”
mechanical devices without interference from the 1st respondent or
WP(C) NO. 10458 OF 2021
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anybody acting under them.
the area in question is a scheme covered area and that there are pool workers available in the locality.
In any view of the matter, I am of the opinion that in view of the fact that the petitioner seeks protection for carrying out the loading and unloading work by mechanical means, the fact that the area in question is a scheme covered area cannot stand in the way of such work being carried out by the petitioner. The interim order is therefore made absolute and the writ petition is closed.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 10458 OF 2021
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APPENDIX OF WP(C) 10458/2021
PETITIONER’S EXHIBITS
EXHIBIT P1 |
TRUE COPY OF THE UDYOG ADHAAR REGISTRATIONCERTIFICATE ISSUED TO THE PETITIONER MINISTRYOF KERALA MICRO SMALL MEDIUM ENTERPRISE UNDERMSME SCHEME OF GOVERNMENT OF KERALA DATED23.7.2018. |
|---|---|
EXHIBIT P2 |
TRUE COPY OF THE REGISTRATION CERTIFICATEISSUED BY THE GOVERNMENT OF INDIA UNDER GSTDATED 06.04.2019. |
EXHIBIT P3 |
TRUE COPY OF THE RECEIPT ISSUED BY THECHALAKUDY MUNICIPALITY DATED 25.02.2021TOWARDS LICENSE FEE FOR D & O LICENSE OFPETITIONER. |
EXHIBIT P4RESPONDENTS’ |
TRUE COPY OF THE COMPLAINT DATED 19.04.2021SUBMITTED BY THE PETITIONER BEFORE THE THIRDRESPONDENT WITH COPY TO FOURTH RESPONDENT.EXHIBITS: NIL |
2 issues framed by the court
Whether the petitioner can carry out loading and unloading work by mechanical means in a scheme covered area despite available pool workers.
Whether an interim order directing police protection should be made absolute pending implementation.
Manapuram Roofings
The Head Load Workers Union (CITU) Potta Unit
The Kerala State Head Load Workers Welfare Board
The Inspector of Police
The District Police Chief
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court