P. Mohammedkutty 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 A.M.SHAFFIQUE WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 WP(C).No. 6939 of 2015 (N) --------------------------- PETITIONER(S):

-------------------------- P. MOHAMMEDKUTTY AGED 58 YEARS S/O.ABOO, PROPRIETOR SHAREEFA ENGINEERING AND ALUMINIUM ANODISERS KAITHAVALAPPA ROAD, TIRUR -676 101.

BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENT(S):

----------------------------

1. STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM695 001.

2. THE DISTRICT SUPERINTENDENT OF POLICE MALAPPURAM, OFFICE OF THE SUPERINTENDENT OF POLICE MALAPPURAM - 676 505.

3. CIRCLE INSPECTOR OF POLICE, TIRUR - 676 101.

4. PANNIKKANDATHIL ASHRAF SON OF HAMZA, KANATH, CHEMBRA ROAD TIRUR -676 101.

5. MOHAMMED SHAREEF SON OF LATE MOOSAKUTTY, PARAMBATH HOUSE, KAKKADAV TIRUR - 676 101.

6. ABDUL SALAM K S/O.ABDULLA, KALLUVETTIKUZHIYIL HOUSE, IRIMBLIYAMKUNNU TIRUR - 676 101.

7. SWATANTRA THOZHILALI UNION TIRUR TOWN, OFFICE OF THE SWATANTRA THOZHILALIUNION NEAR RAILWAY FOOT OVER-BRIDGE, MUNICIPALBUILDING MARKET, TIRUR - 676 101.

WP(C) No.6939/15 -2-

8. CENTRE FOR INDIAN TRADE UNIONS (CITU) TIRUR TOWN, REPRESENTED BY ITS SECRETARY, V.GOVINDAN OFFICE OF THE CENTRE FOR INDIAN TRADEUNIONS (CITU) NEAR RAILWAY FOOT OVER-BRIDGE, MUNICIPAL BUILDING MARKET, TIRUR - 676 101.

BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6939 of 2015 (N) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE GENERALMANAGER, DISTRICT INDUSTRIES CENTRE, MALAPPURAM DATED 9.3.1989 EXT.P-2: TRUE COPY OF THE APPLICATION SUBMITTED BY MR.JULFIKAR, S/O.AHAMMED ALI, RAIPUR-244924 DATED 25.2.2015 EXT.P-3: TRUE COPY OF THE APPLICATION SUBMITTED BY MR.ASFAK, S/O.IKBAL, RAIPUR - 244924 DATED 25.2.2015 EXT.P-4: TRUE COPY OF THE APPLICATION SUBMITTED BY MR.IRFANALI, S/O.FIDDAN ALI, DUNDAVASWAR-24 DATED 25.2.2015 EXT.P-5: TRUE COPY OF THE APPLICATION SUBMITTED BY MR.LATHEEF, S/O.LATE ASSAINAR, THENGACHERY VALAPPIL HOUSE, TIRUR 25.2.2015 EXT.P-6: TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE SECOND RESPONDENT DATED 28.2.2015 EXT.P-7: TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE THIRD RESPONDENT DATED 28.2.2015 EXT.P-8:

TRUE COPY OF THE IDENTITY CARD ISSUED TO MR.IRFAN, SON OF FIDDAN ALI DT 20.6.2015.

EXT.P-9:

TRUE COPY OF THE IDENTITY CARD ISSUED TO MR.LATHEEF, SON OF LATE ASSAINAR DATED 20.6.2015.

RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //True Copy// PS to Judge Rp

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) No. 6939 of 2015 ================ Dated this, the 12th day of August, 2015

J U D G M E N T

Shaffique, J.

Petitioner has approached this Court seeking police protection alleging that respondents 4 to 8 and their men are obstructing the petitioner from carrying on the loading and unloading work in the small scale industrial unit under the name and style "M/s.Shareefa Engineering & Aluminium Anodisers", located at Kaithavalappa Road, Near Municipal Bus Stand, Tirur. 2.

During the pendency of the writ petition, petitioner had produced Exts.P8 and P9, which are the registration cards issued in favour of its permanent workers under the Kerala Headload Workers Act and the Rules framed thereunder. Petitioner submits that he is only carrying on the loading and unloading work through the permanent workers as mentioned above and, therefore, the private respondents have no right to demand that their members alone should be permitted to carry on the loading

W.P(C) No.6939/15 -:2:- and unloading work. Though notice was issued to respondents 4 to 8, there is no appearance on their behalf. 3.

Having regard to the aforesaid factual situation, we are of the view that since the petitioner is carrying on the loading and unloading work only through his registered workers as evident from Exts.P8 and P9, the 3rd respondent shall ensure that no law and order situation arises nor any obstruction is created in the loading and unloading work being carried on by the petitioner in his business premises through the persons mentioned in Exts.P8 and P9.

Writ petition is disposed of as above.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge