Sri Maheswar Associates v. Station House Officer

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 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 WP(C).No. 11278 of 2013 (H) ---------------------------- PETITIONER(S):

-------------- SRI MAHESWAR ASSOCIATES WITH TRADE NAME SIVA BUILDINGS SOLUTIONS, AMBALLUR PUDUKKAD P.O., NENMANIKKARA VILLAGE THRISSUR REPRESENTED BY ITS MANAGING PARTNER CHANDRAN M.M. BY ADVS.SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SRI.MAHESH V.MENON RESPONDENT(S):

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

1. STATION HOUSE OFFICER PUDUKKAD POLICE STATION, THRISSUR DISTRICT-680683.

2. THE CHAIRMAN KERALA HEADLOAD WORKERS WELFARE BOARD, SUB OFFICE ALOOR, ALOOR P.O., PIN-680683 THRISSUR DISTRICT.

3. THE SECRETARY COUNCIL OF INDIAN TRADE UNIONS, NENMANIKKARA PUDUKKAD P.O., THRISSUR DISTRICT-680683.

4. THE SECRETARY INDIAN NATIONAL TRADE UNION CONGRESS, NENMANIKKARA PUDUKKAD P.O., THRISSUR DISTRICT-680683.

5. THE SECRETARY BHARATHEEYA MAZDOOR SANGH, NENMANIKKARA, PUDUKKAD P.O. THRISSUR DISTRICT-680683.

R3 -R 5 BY ADV. SRI.A.JAYASANKAR R3 -R 5 BY ADV. SRI.MANU GOVIND R3 -R 5 BY ADV. SRI.JOPHY POTHEN KANDANKARY BY Sr.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR BY SRI.C.S. AJITH PRAKASH, SC, KHWWB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11278 of 2013 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1- COPY OF LICENSE ISSUED BY THE NENMANIKKARA GRAMA PANCHAYATH dtd. 25-06-2010.

EXHIBIT P1(a)- COPY OF LICENSE ISSUED BY THE NENMANIKKARA GRAMA PANCHAYATH dtd. 21-12-2012.

EXHIBIT P2- COPY OF THE SALES TAX REGISTRATION CERTIFICATE dtd. 15-6-2012.

EXHIBIT P3- COPY OF ORDER ISSUED BY THE REGISTEREING AUTHORITY UNDER THE KERALA HEAD LOAD WORKEER RULES & ASST. LABOUR OFFICER dtd. 24-12-2012.

EXHIBIT P4- COPY OF THE IDENTITY CARD ISSUED BY THE ASST. LABOUR OFFICER, IRINJALAKUDA.

EXHIBIT P4(a)- COPY OF THE IDENTITY CARD ISSUED BY THE ASST. LABOUR OFFICER, IRINJALAKUDA.

EXHIBIT P4(b)- COPY OF THE IDENTITY CARD ISSUED BY THE ASST. LABOUR OFFICER, IRINJALAKUDA.

EXHIBIT P4(c)- COPY OF THE IDENTITY CARD ISSUED BY THE ASST. LABOUR OFFICER, IRINJALAKUDA.

EXHIBIT P4(d)- COPY OF THE IDENTITY CARD ISSUED BY THE ASST. LABOUR OFFICER, IRINJALAKUDA.

EXHIBIT P4(e)- COPY OF THE IDENTITY CARD ISSUED BY THE ASST. LABOUR OFFICER, IRINJALAKUDA.

EXHIBIT P5- COPY OF COMPLIANT FILED BY THE PETITONER BEFORE THE 1ST RESPONDENT dtd. 19-04-2013.

EXHIBIT P5(a)- COPY OF RECEIPT ISSUED BY THE 1ST RESPONDENT dtd. 21-04-2013.

RESPONDENT(S)' EXHIBITS ------------------------ NIL //TRUE COPY// P.A.TO JUDGE ami/

ASHOK BHUSHAN, C.J. & A.M.SHAFFIQUE, J.

------------------------------------- W.P.(C)No.11278 of 2013 ---------------------------------- Dated this the 25th day of November, 2015.

J U D G M E N T

SHAFFIQUE, J.

The petitioner has approached this Court seeking police protection alleging obstruction being caused by respondents 3 to 5 in the matter relating to loading and unloading works being carried on by the petitioner in his business premises.

2. It is submitted by the learned counsel for the 2nd respondent that the area in question is not a scheme covered area.

3. Under such circumstances, the petitioner is entitled to employ his own workmen for the loading and unloading activities, which cannot be obstructed by respondents 3 to 5.

4. An interim order has already been passed by this Court on 23.4.2013 directing the police to maintain law and order and to provide adequate protection to the petitioner if

W.P.(C)No.11278 of 2013 any obstruction is caused by respondents 3 to 5 while carrying on the loading and unloading works.

5. Hence we close this writ petition with liberty to the petitioner to approach the police, if any further obstruction is caused from the side of respondents 3 to 5 in the matter relating to loading and unloading works being carried on by the petitioner in his premises by employing his own workmen.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/- A.M.SHAFFIQUE, JUDGE.

ami/ //True copy// P.A. to Judge