Chamber Of Kerala Sea Food Industry v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 ---------------------------- PETITIONER(S):
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1. CHAMBER OF KERALA SEA FOOD INDUSTRY, A SOCIETY REGISTERED UNDER ACT 12 OF 1955 WITH REGISTRATION NO.A-786/2005, CHAMBER BHAVAN, ERAMALLOOR, ALAPPUZHA DISTRICT, PIN-688 537, REPRESENTED BY ITS SECRETARY, V.K. EBRAHIM, S/O.KUNJUKAYI.
2. SURESH KUMAR, BUILDING NO.II/146B, THARAYIL SEA FOODS, VAYALAR GRAMA PANCHAYAT, VAYALAR.
3. OMANA MANIAPPAN, BUILDING NO.V/10, ROHINI, VAYALAR GRAMA PANCHAYAT, VAYALAR.
4. PONNAPPAN, BUILDING NO.III/208, AKHITHA MARINE, VAYALAR GRAMA PANCHAYAT, VAYALAR.
5. NANDAKUMAR, BUILDING NO.VII/460, SEA KIND MARINE, VAYALAR GRAMA PANCHAYAT, VAYALAR.
BY SRI.S.SREEKUMAR, SENIOR ADVOCATE.
ADVS. SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA.
RESPONDENT(S):
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1. THE DEPUTY SUPERINTENDENT OF POLICE, CHERTHALA-688 524.
2. THE CIRCLE INSPECTOR OF POLICE, CHERTHALA- 688 524.
3. THE SUB INSPECTOR OF POLICE, CHERTHALA POLICE STATION, CHERTHALA- 688 524.
4. MATSYA MAZDOOR SABHA (SEA FOOD WORKERS SOCIETY), REPRESENTED BY ITS SECRETARY, E.O. VARGHESE, REGIONAL CENTER, EZHUPUNNA P.O, ALAPPUZHA DISTRICT- 688 548.
5. E.O. VARGHESE, SECRETARY, MATSYA MAZDOOR SABHA (SEA FOOD WORKERS SOCIETY), REGIONAL CENTER, EZHUPUNNA P.O, ALAPPUZHA DISTRICT- 688 548.
R1 TO R3 BY SRI.P. VIJAYARAGHAVAN, STATE ATTORNEY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015,ALONG WITH WP(C).NO.24022 OF 2015 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs.
APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1.
COPY OF THE REPRESENTATION DATED 30.07.2015 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.
EXHIBIT P1(A). COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1. EXHIBIT P2.
COPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT FOR RECEIPT OF EXHIBIT P1.
EXHIBIT P2(A). COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2. RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.S. TO JUDGE rs.
ASHOK BHUSHAN, C.J.
& A.M. SHAFFIQUE, J.
================ W.P. (C) Nos.23978, 24022, 24023, 24024 & 24025 of 2015 ====================== Dated this, the 7th day of August, 2015
J U D G M E N T
Shaffique, J.
Petitioners are operating peeling sheds by engaging their own workers. Petitioners contend that another union, viz., the 4th respondent, is attempting to obstruct the functioning of the peeling sheds, which resulted in substantial loss to the petitioners.
2.
Petitioners have also filed separate complaints to the police seeking adequate police protection to prevent illegal action of respondents 4 and 5. But so far, police has not taken any action in the matter and hence the petitioners have approached this Court.
3.
Learned State Attorney, on instructions, would submit that so far no untoward incident had been reported in the peeling sheds operated by the petitioners and if at all there is any such obstruction, police shall ensure maintenance of law and order.
W.P(C) Nos.23978, 24022, 24023, 24024 & 24025 of 2015 -:2:- 4.
Having regard to the nature of the judgment being passed, no notice is being issued to respondents 4 and 5. 5.
We only observe that if there is any obstruction from the side of any person in the matter relating to carrying of business activity in the peeling sheds of the petitioners, police shall ensure maintenance of law and order.
With the above observation, these writ petitions are closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge