High Court of KeralaWP(C)/6804/2015closed

James Johny Parappilly v. State Of Kerala

2015-03-04Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 PETITIONER(S):

------------ JAMES JOHNY PARAPPILLY, AGED 53 YEARS NO.12/448/1-2, VILLADAM BUS STOP XII, VILLADOM R.V.PURAM, THRISSUR BY ADV. SMT.VIJAYAKUMARI RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME STATE SECRETARIAT, THRIVANANTHAPURAM-695 001

2. THE CITY POLICE CHIEF TRISSUR CITY, TRISSUR - 680001

3. CIRCLE INSPECTOR OF POLICE VIYYOOR POLICE STATION, VIYYOOR, TRISSUR - 680001

4. SUB INSPECTOR OF POLICE VIYYOOOR POLICE STATION, VIYYOOR TRISSUR - 680001

5. THE LOCAL SECRETARY (LOADING AND UNLOADING) CITU, ULAADAM, TRISSUR - 680001

6. THE LOCAL SECRETARY (LOADING AND UNLOADING ) INTUC, ULLADAM THRISSUR.680001

7. THE LOCAL SECRETARY (LOADING AND UNLOADING ) BMS ULLADAM, TRISSUR - 680001

8. C.K.POLLY HEAD LOAD WORKER, VILLADAM TRISSUR - 680001

9. C.V.ASOKAN HEAD LOAD WORKER, VILLADAM, TRISSUR - 680001

10. P.K. RAJAN HEAD LOAD WORKER, VILLADAM, TRISSUR - 680001

11. T.S.SIVARAMAN HEAD LOAD WORKER, VILLADAM, TRISSUR - 680001

12. T.N.RAJAGOPALAN HEAD LOAD WORKER, VILLADAM, TRISSUR - 680001 BY GOVERNMENT PLEADER SRI. C.R. SHYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER UNDER KERALA SHOPS AND COMMERCIAL ESTABLISHMENTS ACT P2:TRUE COPY OF CERTIFICATE ISSUED TO THE PETITIONER FROM COMMERCIAL TAXEWS DEPARTMENT DATED 11.02.2014 P3:TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT P4:NOTICE DATED 09.01.2015 BY 9 TO 13 RESPONDENTS

ASHOK BHUSHAN , Ag. CJ, & A.M.SHAFFIQUE, J.

....................................................... W.P. C. No. 6804 of 2015 - I ....................................................... Dated this the 4th day of March, 2015

JUDGMENT

Shaffique, J.

Petitioner has approached this Court seeking police protection. He complains that the private respondents are demanding loading and unloading work in the business being carried on by the petitioner. According to the petitioner, he along with his brother is doing the loading and unloading work in their shop.

2. It is not in dispute that the area in question is a Scheme covered area. If the petitioner has to engage workers for loading and unloading , he has to engage the pool workers attached to the Board. However, if the petitioner is doing the loading and

W.P. (C ) No. 6804 of 2015 unloading work by himself, he has to engage the pool workers. According to the petitioner, a demand has been made by the pool workers to engage them in the the loading and unloading work. Such contingency arises only if the petitioner is engaging any other workers for the loading and unloading work. The averments in the Writ Petition does not disclose any law and order situation in the area . However, if the petitioner is doing the loading and unloading work himself, and if there is any obstruction, on the complaint of the petitioner, the police shall look into the matter and do the needful.

With the above observation, this Writ Petition is closed. Sd/-- ASHOK BHUSHAN , Ag. CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE ani/ /true copy/ P.S. to Judge