Ali v. The Circle Inspector Of Plice,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 ---------------------------- PETITIONER(S):

-------------------------- ALI , S/O.P.I.BHAVA PUTHENTHERUVU HOUSE, PIRAYIRI.P.O., PALAKKAD.

BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S):

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

1. THE CIRCLE INSPECTOR OF PLICE, TOWN NORTH POLICE STATION, PALAKKAD. 678 101.

2. THE SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD. 678 101.

3. NAZAR, S/O.U.UMMER RAWTHER, HEAD LOAD WORKER, INTUC UNION, PIRAYIRI, PALAKKAD. 678 004.

4. NAVARU VEERAN S/O.JABBAR RAWTHER, HEAD LOAD WORKER, INTUC UNION, PIRAYIRI, PALAKKAD. 678 004.

5. DAMODARAN, S/O.KUTTAN, HEAD LOAD WORKER, CITU UNION, PIRAYIRI, PALAKKAD. 678 004.

6. UNNIKRISHNAN, S/O.ANDY, HEAD LOAD WORKER, CITU UNION, PIRAYIRI, PALAKKAD. 678 004.

7. SATHEESH P S/O.PAZHANI, HEAD LOAD WORKER, HMS UNION, PIRAYIRI, PALAKKAD. 678 004.

:2:

8. THE KERALA HEAD LOAD WORKERS WELFARE FUND BOARD REPRESENTED BY ITS CHAIRMAN, LOCAL COMMITTEE OFFICE PALAKKAD. 678 101.

9. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 695 001.

R8 BY ADV. SRI.C.S. AJITH PRAKASH, SC, KHWWB R1, R2 & R9 SENIOR GOVERNMENT PLEADER SRI.C.R.SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- P1TRUE COPY OF THE DOCUMENT NO.4406/1 OF S.R.O. PALAKKAD. P1(A)- TRUE ENGLISH TRANSLATION OF EXHIBIT P1. P2TRUE COPY OF THE LAND TAX RECEIPT.

P2(A)- TRUE ENGLISH TRANSLATION OF EXHIBIT P2. P3TRUE COPY OF THE RECEIPT DATED 08.08.2014 REGARDING RECEIPT OF D & O LICENCE FEE ISSUED BY THE PANCHAYAT.

P4TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER SEEKING POLICE PROTECTION BEFORE RESPONDENTS 1 AND 2 DATED 28.08.2014. RESPONDENT(S)' EXHIBITS:- NIL ------------------------------------------------ KRJ //true copy// P.A to Judge

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

= = = = = = = = = = = = = = = = = W.P(C) No.24946 of 2014 = = = = = = = = = = = = = = = = = = Dated this the 3rd day of December, 2015

JUDGMENT

Shaffique, J This writ petition has been filed seeking police protection in the matter relating to loading and unloading carried on by the petitioner in his premises. It is alleged that respondents 3 to 7 were demanding the right of loading and unloading work in the said establishment.

2. It is submitted by the learned counsel appearing for the respondent Board that the area in question is not a scheme covered area. In the said circumstances, it is always open for the petitioner to engage his own workers and respondents 3 to 7 have no right to interfere with the said work carried on by the petitioner.

3. We have already passed an interim order on 30.9.2014 directing the police to ensure that no obstruction is caused by

WP(C).24946/14 -:2:- respondents 3 to 7 in the business being carried on by the petitioner in his premises by engaging his own workers.

Writ petition is hence disposed of, in terms of interim order dated 30.9.2014.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE JUDGE krj.3/12/15