High Court of Kerala disposed of WP(C) No. 10451/2023 by confirming the interim order dated 27.03.2023 under the Kerala Headload Workers Act pending further orders. Allowed
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.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
WP(C) NO. 10451 OF 2023
PETITIONER/S:
ROSAMMA SKARIAH
AGED 58 YEARS
W/O U.M. SKARIAH, PROPERITER, M/S URUMBIL
AGENCIES, IV/501, KOOROPPADA, KOTTAYAM DISTRICT-
686502 RESIDING AT URUMBIL HOUSE, KOOROPPADA
P.O., KOTTAYAM DISTRICT, PIN - 686502
BY ADVS.
SAJITH KUMAR V.
VIVEK A.V.
GODWIN JOSEPH
ROHITH R. KARTHA
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT FOR HOME AFFAIRS, GOVT. OF KERALA, SECRETARIAT P.O., THIRUVANANTHAPURAM, PIN - 6950012 THE STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM, PIN - 6950103 DISTRICT POLICE CHIEF KOTTAYAM, DISTRICT POLICE OFFICE, KOTTAYAM - KUMILY ROAD, COLLECTORATE P.O., KOTTAYAM DISTRICT, PIN - 6860024 THE STATION HOUSE OFFICER GANDHINAGAR POLICE STATION, KOTTAYAM, PIN - 6860085 KOTTAYAM MUNICIPALITY MUNICIPAL OFFICE BUILDING, YMCA RD, KOTTAYAM, KOTTAYAM REPRESENTED BY ITS SECRETARY, PIN - 686001-2-
W.P.(C). No. 10451 of 2023
6KERALA HEADLOAD WORKERS WELFARE BOARD
KOTTAYAM DISTRICT, REPRESENTED BY ITS CHAIRMAN AT
MUNICIPAL SHOPPING COMPLEX, OPP. ST. ANTONY'S
COMPLEX, PRIVATE BUS STAND, NAGAMPADAM, KOTTAYAM
P.O., KOTTAYAM DISTRICT, PIN - 686001
7NASEER ABUBAKR
CONVENOR, CITU KOTTAYAM, RESIDING AT MEKATTIL
KUNNEL, KUMARANLLOOR P.O., KOTTAYAM, PIN - 686016
8MANIKUTTAN
CONVENOR, BMS UNION KOTTAYAM, RESIDING AT
KUMBALATHIL, KUMARANALLOOR P.O. KOTTAYAM, PIN -
686016
BY ADVS.
C.S.MANILAL
George Mathew KARAMAYIL
M.D.SASIKUMARAN(S-237)
ELSA DENNY PINDIS(E-28)
SUNIL KUMAR A.G(K/000741/2003)
MATHEW K.T.(K/001047/2018)
GEORGE K.V.(K/000060/2019)
STEPHY K REGI(K/001025/2020)
ADARSH KURIAN(K/154/2020)
MEDHA B.S.(K/001625/2023)
OTHER PRESENT:
SRI.S.KRISHNAMOORTHY, SC, SMT.VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 10451 of 2023
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 10451 of 2023
Dated this the 7th day of July, 2023
JUDGMENT
The above writ petition is filed with following prayers:
“I. To issue a Writ of Mandamus, other appropriate Writ, order or direction, commanding the Respondents 2 to 4 to provide sufficient and effective police protection to the life of the Petitioner and other employees at his establishment for the safe loading and offloading of materials at the Shop against men, agents or members of the Respondents 7 and 8.
II. Grant such other reliefs as may be prayed for and as the Court may deem fit to grant
III. To permit the petitioner to file the writ petition without producing translation of vernacular documents marked as Exhibits in the writ petition and
IV. Grant the cost of this Writ Petition.” (sic)
Court passed an order on 27.03.2023, which is extracted hereunder:
“Standing Counsel for the Kerala Headload Workers Welfare Board submits that the area is not a scheme
-4-
W.P.(C). No. 10451 of 2023
covered area. The petitioner undertakes that her workers will be seeking registration under Rule 26A.
2. Admit.
3. Government Pleader takes notice for respondents 1 to 4. Standing Counsel takes notice for the 6" respondent. Issue urgent notice by speed post to respondents 5, 7 and 8.
4. Pending disposal of the writ petition, there will be an interim order directing the 4th respondent to give adequate protection to the petitioner to carry out her loading and unloading activities engaging the petitioner's own workmen.
Post on 04.04.2023.”
Workers’ Welfare Board submitted that the area in question is not a scheme covered area. If that be so, the petitioner can undertakes the work through her workers. It is also submitted by the petitioner that an application for Rule 26A registration is already submitted for her workers. Therefore, the interim order dated 27.03.2023 can be
confirmed as long as the area is not declared as scheme covered area.
-5-
W.P.(C). No. 10451 of 2023
Therefore, this writ petition is disposed of confirming the interim order dated 27.03.2023. If there is any legal remedy available
to the party respondents, they are free to proceed in accordance with
law. sd/-
P.V.KUNHIKRISHNAN JUDGE
das
-6-
W.P.(C). No. 10451 of 2023
APPENDIX OF WP(C) 10451/2023
PETITIONER EXHIExhibit P1 |
BITSA TRUE COPY OF THE LICENSE DATED26.12.2022 ISSUED BY THE 5TH RESPONDENTTO THE PETITIONER |
|---|---|
Exhibit P2 |
A TRUE COPY OF THE LEASE AGREEMENTDATED 21.10.2022 BETWEEN THE PETITIONER |
AND MRS. LALITHA BAI, MR. ANU S AND MR.ANIL SIVANANDA SHENOY |
|
Exhibit P3 |
A TRUE COPY OF THE CERTIFICATE ISSUEDBY RAMCO CEMENTS DATED NIL. |
Exhibit P4 |
A TRUE COPY OF THE CERTIFICATE ISSUEDBY VITSON STEEL CORP PVT. LTD., DATEDNIL. |
Exhibit P5A TRUE COPY OF THE COMPLAINT DATED
23.01.2023 SUBMITTED BY THE PETITIONER
TO THE 4TH RESPONDENT
Exhibit P6A TRUE COPY OF THE ACKNOWLEDGMENT
RECEIPT NO. 9214/2023 FROM GANDHINAGAR
POLICE STATION DATED 24.01.2023
Exhibit P7A TRUE COPY OF THE RTI APPLICATION
DATED 06.08.2022 MADE BY THE PETITIONER
TO THE NODAL OFFICER, KERALA HEAD LOAD
WORKERS WELFARE BOARD, KOTTAYAM
Exhibit P8A TRUE COPY OF RTI REPLY NO. 430/18
DATED 16.08.2022 ISSUED BY THE 6TH
RESPONDENT UNDER RTI ACT
RESPONDENT EXHIBITS
EXHIBIT R7(a)True copy of G.O.(P) No. 42/2021-LBRD
dtd 07.05.2021
PETITIONER EXHIBITS
Exhibit P9A TRUE COPY OF THE INTERIM ORDER DATED
20.04.2021 ISSUED BY THIS HON'BLE COURT
IN WP(C ) NO.7904/2021
RESPONDENT EXHIBITS
EXHIBIT R7(b)True copy of 26A Card No. 03/05/59/01
issued by 6th respondent
EXHIBIT R7(c)True copy of 26A Card No. 05/03/58/98
-7-
W.P.(C). No. 10451 of 2023
issued by 6th respondent
EXHIBIT R7(d)True copy of 26A Card No. 05/03/592/90
issued by 6th respondent
EXHIBIT R7(e)True copy of 26A Card No.
KL05/03/19/2020 issued by 6th
respondent
EXHIBIT R7(f)True copy letter No. I-3614/15 dtd.
29.04. 2016 between the Regional
Manager Supplyco, Kottayam and Depot
Manager at Kumaranaloor
Rosamma Skariah
State of Kerala
State Police Chief
District Police Chief Kottayam
Station House Officer Gandhinagar
Kottayam Municipality
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court