V.V.Viswambharan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 PETITIONER(S):
---------------------- V.V.VISWAMBHARAN, AGED 59 YEARS, S/O VEDARAJAN, VADEKKAT HOUSE, ANCHERY P.O., THRISSUR DISTRICT, MANAGING PARTNER, M/S KRISHNA MARBLES AND GRANITES, BYEPASS, MARATHAKARA OLLUR, THRISSUR.
BY ADVS.SRI.M.B.PRAJITH SRI.AJIT THOMAS RESPONDENT(S):
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1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE CIRCLE INSPECTOR OF POLICE, OLLUR, THRISSUR DISTRIC, PIN:680089.
3. THE COMMISSIONER OF POLICE, THRISSUR DISTRICT, PIN:680001.
4. GENERAL WORKERS UNION, INTUC, MARATHAKKARA, PIN:680 320 REPRESENTED BY ITS PRESIDENT-JOHNY CHIRAYATHU.
5. GENERAL WORKERS UNION, INTUC, MARATHAKARA, PIN:680 320, REPRESENTED BY ITS SECRETARY-M.L.JOSE.
* ADDL.R6 & 7 IMPLEADED
6. PUTHUR GRAMA PANCHAYATH, PUTHOOR, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. .....2/-
..2..
7. THE ASSISTANT LABOUR OFFICER, OFFICE OF ASSISTANT LABOUR OFFICER, THRISSUR. ADDL.R6 & R7 IMPLEADED AS PER ORDER DATED 14/6/2013 IN IA.7669/2013 R1-3,7 BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS R4,R5 BY ADVS. SRI.J.JULIAN XAVIER SRI.PIOUS MATHEW R6 BY ADVS. SRI.C.A.CHACKO SRI.K.C.MINESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:
A TRUE COPY OF THE PANCHAYATH LICENSE ISSUED BY THE PUTHOOR GRAMA PANCHAYATH TO THE PETITIONER'S SHOP. EXHIBIT P2:
A TRUE COPY OF THE VAT REGISTRATION.
EXHIBIT P3:
A TRUE COPY OF THE NOTICE ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR UNDER KERALA HEADLOAD WORKERS ACT AND RULES TO THE PETITIONER REGARDING THE REGISTRATION OF THE PETITIONER'S EMPLOYEES.
EXHIBIT P4: A TRUE COPY OF THE NOTICE ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR UNDER KERALA HEADLOAD WORKERS ACT AND RULES TO THE PETITIONER REGARDING THE REGISTRATION OF THE PETITIONER'S EMPLOYEES.
EXHIBIT P5:
A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR UNDER KERALA HEADLOAD WORKERS ACT AND RULES TO THE PETITIONER'S EMPLOYEE MR.LAKHAN. EXHIBIT P6:
A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR UNDER KERALA HEADLOAD WORKERS ACT AND RULES TO THE PETITIONER'S EMPLOYEE MR.BAHILAL MEENA.
EXHIBIT P7:
A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR UNDER KERALA HEADLOAD WORKERS ACT AND RULES TO THE PETITIONER'S EMPLOYEE MR. DHARAM SINGH.
EXHIBIT P8:
A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR UNDER KERALA HEADLOAD WORKERS ACT AND RULES TO THE PETITIONER'S EMPLOYEE MR.MUKESH MEENA.
EXHIBIT P9:
A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR UNDER KERALA HEADLOAD WORKERS ACT AND RULES TO THE PETITIONER'S EMPLOYEE MR.VACHAN SINGH.
EXHIBIT P10: A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR UNDER KERALA HEADLOAD WORKERS ACT AND RULES TO THE PETITIONER'S EMPLOYEE MR.MEGH SING EXHIBIT P11: A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR UNDER KERALA HEADLOAD WORKERS ACT AND RULES TO THE PETITIONER'S EMPLOYEE MR.AVTAR SINGH.
.....2/- ..2..
EXHIBIT P12: A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ASSISTANT LABOUR OFFICER, THRISSUR UNDER KERALA HEADLOAD WORKERS ACT AND RULES TO THE PETITIONER'S EMPLOYEE MR.ATAR EXHIBIT P13: A TRUE COPY OF THE SAID APPLICTION DATED 27.3.2013 FILED BEFORE THE 2ND RESPONDENT.
EXHIBIT P14: A TRUE COPY OF THE RECEIPT DATED 27.3.2013 ISSUED BY THE 2ND RESPONDENT EVIDENCING THE FILING OF EXT.P13.
EXHIBIT P15: A TRUE COPY OF THE APPLICATION DATED 27.3.2013 FILED BEFORE THE 3RD RESPONDENT.
EXHIBIT P16: A TRUE COPY OF THE RECEIPT DATED 27.3.2013 ISSUED BY THE 3RD RESPONDENT EVIDENCING THE FILING OF EXT.P15.
EXHIBIT P17: A TRUE COPY OF THE CHALLAN/RECEIPT ISSUED BY THE PANCHAYATH ACCEPTING THE LICENSE FEES FROM THE PETITIONER EXHIBIT P18: A TRUE COPY OF THE PHOTOGRAPHS EVIDENCING THE THREATENING OF THE PARTY WORKERS OF RESPONDENTS FOUR AND FIVE AT THE PETITIONER'S SHOP EXHIBIT P19: A TRUE COPY PHOTOGRAPHS EVIDENCING THE THREATENING OF THE PARTY WORKERS OF RESPONDENTS FOUR AND FIVE AT THE PETITIONER'S SHOP EXHIBIT P20: A TRUE COPY PHOTOGRAPHS EVIDENCING THE THREATENING OF THE PARTY WORKERS OF RESPONDENTS FOUR AND FIVE AT THE PETITIONER'S SHOP EXHIBIT P21: A TRUE COPY OF THE FIR OF CRIME NO.877/13 RESPONDENT(S)' EXHIBITS --------------------------------------- EXHIBIT R4(A): A TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENTS 4 AND 5 EXHIBIT R4(B): A TRUE COPY OF THE AGREEMENT DATED 26/4/12. / TRUE COPY / P.S. TO JUDGE
ASHOK BHUSHAN, C.J. & K.RAMAKRISHNAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 9506 OF 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2015
JUDGMENT
Ashok Bhushan, C.J.
This writ petition has been filed by the petitioner seeking a direction to respondent Nos.2 and 3 to afford adequate police protection to the life of the petitioner and his employees, protection to the properties and smooth functioning of the petitioner's business under the name and style M/s.Krishna Granites and Marbles.
2. Learned Senior Government Pleader submits that an interim order was passed by this Court on 04.04.2013 and as on date no untoward incident has been reported to the police. It is further submitted that a crime has already been registered as Crime N. 877 of 2013 in Ollur Police Station.
In the above view of the matter, we close the writ petition reserving the right of the petitioner to submit a complaint before the police authorities as and when there is any further cause of action. Ashok Bhushan, Chief Justice.
K. Ramakrishnan, Judge.
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