This writ appeal against a judgment in WP(C) No.25887 of 2019 was filed by a traders' association. The court observed that the impugned order was complied with by extending the scheme area, resulting in no further cause of action. Consequently, the writ appeal was closed.
None; writ appeal closed.
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 AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 10TH DAY OF JULY 2024 / 19TH ASHADHA, 1946
WA NO. 125 OF 2023
AGAINST THE JUDGMENT IN WP(C) NO.25887 OF 2019 OF HIGH COURT OF KERALA
APPELLANT/5th RESPONDENT IN WP(C) NO.25887 OF 2019: MARADU MARKET TRADERS' ASSOCIATION AGED 51 YEARS REG.NO.ER-391 / 08, ROOM.NO. A-1, AGRICULTURAL URBAN WHOLESALE MARKET, NETTOOR P.O., EMAKULAM-682 040, REPRESENTED BY ITS PRESIDENT, S.M. MOHIYUDEEN, S/O K.M. MAKKAR, RESIDING AT K.M.M. HOUSE, AYIRATHETTU JUNCTION, AROOKUTTY.P.O , CHERTHALA, ALAPPUZHA, PIN - 682040
BY ADVS. AYSHA YOUSEFF MOLLY JACOB JOBI.A.THAMPI M.KABANI DINESH ASHIFA YOUSEFF RABIA BEEGAM T.K. FASHIYA YOUSEFF C.M.EBRAHIM SHOUKATH HUSAIN
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 4 AND 6 TO 8:
1 ASHRAF N.M AGED 56 YEARS AGED 56 YEARS, S/O MOHAMMED N. A. NANGYARAPARANB, NETTOOR P.O. PIN-682040., PIN - 682040
2 THE CHIEF EXECUTIVE OFFICER KERALA HEAD LOAD WORKERS WELFARE BOARD, S.R.M. ROAD, EMAKULUM, KOCHI-682018, PIN - 682018
3 THE CHAIRMAN ERNAKULAM DISTRICT COMMITTEE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD, KUMMENCHERRY BUILDING, T.D. ROAD, ERNAKULAM, PIN - 682035
4 THE CONVENER SUB OFFICE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD, THRIPUNITHURA, WHITE SHOP BUILDING, HILL PALACE ROAD, MARKET JUNCTION, THRIPUNITHURA-682301., PIN - 682301
WA NO. 125 OF 2023 and conctd. Case
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5 SECRETARY AGRICULTURAL URBAN WHOLESALE MARKET, MARADU, NETTOOR P.O, ERNAKULAM DISTRICT PIN 682040., PIN - 682040
BY ADVS. C.S.AJITH PRAKASH K.S.ARUN KUMAR PRASAD V.P T.K.DEVARAJAN M.B.SOORI BABU M. NIDHIN RAJ VETTIKKADAN ANCY THANKACHAN GOURI KAILASH HAARIS MOOSA
OTHER PRESENT:
SR GP SRI T K VIPINDAS SRI S KRISHNA MOORTHY SC KHWWB
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.07.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 125 OF 2023 and conctd. Case
3
JUDGMENT
Amit Rawal, J.
The writ appeal has been preferred against the judgment of the Single Bench dated 4.11.2019. The writ petition was disposed of with the following directions:
In the result, the writ petitions are disposed of directing the Committee of the Board administering the Scheme in the area within which the market is situated, to take a decision as to whether the functional operation of the Scheme has to be extended to the market and if so, in what manner. If the committee takes a decision to extend the functional operation of the Scheme to the market, it shall also take a decision as to the number of headload workers to be deployed, the sources from which the headload workers are to be deployed etc. It is made clear that while taking a decision on the aforesaid matters, the Committee would be free to consider whether the work inside the market shall be assigned to the workers in any of the existing pools or whether a new pool has to be constituted for the said purpose by registering new workers and also by deploying workers from the existing pools. This shall be done within two weeks. Having regard to the nature of the dispute between the parties, it is also directed that until a decision is taken in this regard, status quo as on today shall be maintained as regards the work inside the market.
Appellant is the 5th respondent in the writ petition. By looking at the order, the 5th respondent could have moved an application for adjudication of the lis as per the order. We have been informed that there has been compliance of the order and area of the scheme has been extended. In this view of the matter, no further cause of action would survive. Writ appeal is ordered to be closed.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
sab
EASWARAN S., JUDGE
WA NO. 125 OF 2023 and conctd. Case
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APPENDIX OF WA 125/2023
PETITIONER EXHIBITS
IA NO.1/2019 in WPC COPY OF IMPLEADING PETITION
IA in WPC COPY OF DIRECTION PETITION
RESPONDENT ANNEXURES
Annexure - A1 True copy of the Order dated 4.9.2019 in I.A. No.1/2019 in unnumbered R.P. in W.P. (C) No.18450/2015 of this Honble Court.
Annexure - A3 True copy of the judgment in W.P.(C) No.37246/2022 Dated 6-12-2022 of this Honble Court.
Annexure - A2 True copy of the judgment in W.P.(C) No.35515/2019 Dated 20-12-2019of this Honble Court
MARADU MARKET TRADERS' ASSOCIATION (Represented by S.M. Mohiyudeen)
ASHRAF N.M.
THE CHIEF EXECUTIVE OFFICER KERALA HEAD LOAD WORKERS WELFARE BOARD
THE CHAIRMAN ERNAKULAM DISTRICT COMMITTEE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD
THE CONVENER SUB OFFICE OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD
SECRETARY AGRICULTURAL URBAN WHOLESALE MARKET, MARADU
AMIT RAWAL
EASWARAN S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
