High Court of KeralaWP(C)/24404/2015disposed of

I-Mall Express Hypermarket Run By Ibaj Trading Establishment v. State Of Kerala

2015-09-18Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 WP(C).No. 24404 of 2015 (A) ---------------------------- PETITIONER(S) :- ------------------ I-MALL EXPRESS HYPERMARKET, BYPASS JUNCTION, AYATHIL, KOLLAM RUN BY IBAJ TRADING ESTABLISHMENT ANCHALUMMOODU, PERINAD P.O., KOLLAM -691 601 REPRESENTED BY ITS ADMINISTRATION MANAGER MR.V. SADANANDAN NAIR, MANODHANYA, NEERAVIL PERINAD P.O., KOLLAM - 691 601.

BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S) :- -------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE CITY POLICE COMMISSIONER, KOLLAM-691 001.

3. THE SUB INSPECTOR OF POLICE, KILIKOLLOOR-691 001.

4. HEAD LOAD WORKERS WELFARE FUND BOARD, KOLLAM-691 001, REPRESENTED BY ITS SECRETARY.

5. HEAD LOAD WORKERS UNION, INTUC, AYATHIL BYPASS JUNCTION UNIT, AYATHIL KOLLAM-691 001, REPRESENTEDN BY ITS CONVENOR.

6. HEAD LOAD WORKERS UNION CITU AYATHIL, BYE PASS JUNCTION UNIT, AYATHIL KOLLAM-691 001, REPRESENTED BY ITS CONVENER.

R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R4 BY SRI.C.S. AJITH PRAKASH, SC, KHWWB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 24404 of 2015 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXHIBIT-P1-TRUE COPY OF THE COMPLAINT SUBMITTED BY THE MANAGER OF THE PETITIONER BEFORE 3RD RESPONDENT DATED 16/06/2015. EXHIBIT-P2-TRUE COPY OF THE JUDGMENT DATED 06/08/2014 IN W.P (C) 17186/2014 OF THIS HON'BLE COURT IN RESPECT OF PETITIONER'S GODOWN.

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

ASHOK BHUSHAN, C.J & K. VINOD CHANDRAN, J.

-------------------------------------------- W.P.(C) No.24404 of 2015 -------------------------------------------- Dated this the 18th day of September 2015

J U D G M E N T

Ashok Bhushan, CJ.

Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the 4th respondent.

Though notices were issued to respondents 5 and 6 and which have been served, no one entered appearance on behalf of them.

By this writ petition, the petitioner has prayed for a direction to respondents 2 and 3 to provide adequate protection for loading and unloading work in the hyper market premises of the petitioner from the obstructions created by respondents 5 and

6. It is submitted that since the area is not a scheme covered area, the petitioner is entitled to carry on the work by his own workers. This Court has already passed an interim order on 17.8.2015 directing the police authorities to ensure that no obstruction is created by respondents 5 and 6. 4.

Learned counsel appearing for the Board submits that the area is not a scheme covered area.

W.P.(C) No.24404 of 2015 -: 2 :- 5.

In the above view of the matter, we are of the view that since the area is not a scheme covered area, the petitioner is entitled to carry on his work by his own workers. Under such circumstances, we dispose of the writ petition directing the 3rd respondent to ensure that no obstruction is being created by respondents 5 and 6 in the petitioner carrying on the loading and unloading work by his own workers. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- K. VINOD CHANDRAN J UDGE Jvt/22.9.2015.