Majeed P.A. v. Sub Inspector 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 TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 WP(C).No. 32629 of 2014 (C) ---------------------------- PETITIONER :

----------------------- MAJEED P.A, S/O.ABOOBACKER, PROPRIETOR, ARYAMPADAM BRICKS, PUZHANKARA ILLATH HOUSE, MUNDATHICODE P.O, WADAKKANCHERY, THRISSUR DISTRICT,PIN- 680 601 BY ADVS.SRI.P.RADHAKRISHNAN SRI.MADHU RADHAKRISHNAN RESPONDENT(S):

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1. SUB INSPECTOR OF POLICE, WADAKKANCHERRY POLICE STATION, THRISSUR DISTRICT

2. THE SECRETARY, INTUC, MUNDATHOCODE CENTRE UNIT, THRISSUR DISTRICT -680 601

3. SECRETARY, CITU, MUNDATHICODE CENTRE UNIT, THRISSUR DISTRICT, PIN-680 601

4. THE ASSISTANT LABOUR OFFICER, LABOUR OFFICE, SOUHRIDHA BUILDING, WADAKKANCHERY,THRISSUR DISTRICT -680 623 *ADDL.R5 IMPLEADED *Addl.R5. KERALA HEADLOAD WORKERS WELFARE BOARD DISTRICT COMMITTEE, THRISSUR DISTRICT, COMMITTEE OFFICE, JAIHIND MARKET BUILDING, C BLOCK, NAYARANGADI, THRISSUR, REPRESENTED BY ITS CHAIRMAN.

*ADDL.R5 IMPLEADED AS PER ORDER DATED 17.12.2014 IN IA.NO.17259/14. R1 & R4 BY SR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR R2 & R3 BY ADV. SRI.SHOBY K.FRANCIS ADDL.R5 BY ADV. SRI.P.M.M.NAJEEB KHAN, SC, KHWWB SRI.C.S. AJITH PRAKASH, SC, KHWWB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 32629 of 2014 (C) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE LICENCE UNDER THE KERALA PANCHAYAT RAJ ACT OBTAINED BY THE PETITIONER WITH ENGLISH TRANSLATION EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE UNDER SHOPS AND ESTABLISHMENT ACT OBTAINED BY THE PETITIONER WITH ENGLISH TRANSLATION EXHIBIT P3(1). P3(1) (A), P3(1) (B), P3(1) (D) TRUE COPIES OF THE APPLICATION FOR THE REGISTRATION UNDER THE HEAD LOAD WORKERS ACT WITH REGARD TO FIVE WORKERS UNDER RULE 26A WITH ENGLISH TRANSLATION EXHIBIT P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE IST RESPONDENT DATED 20-11-2014 WITH ENGLISH TRANSLATION EXHIBIT P5 TRUE COPY OF THE RECEIPT OBTAINED BY THE REGISTRATION OF THE COMPLAINT BY THE PETITIONER WITH ENGLISH TRANSLATION RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32629 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November, 2015

JUDGMENT

Shaffique, J.

This writ petition has been filed seeking police protection due to the obstruction being caused by respondents 2 and 3 in the matter relating to loading and unloading work carried on by the petitioner in his business premises. It is not in dispute that the area in question is a scheme covered area. The petitioner had already applied for registration card for his workers.

2. It submitted by learned counsel appearing for respondents 2 and 3 that so far as the petitioner was unable to obtain the registration card as the matter is pending consideration before the 4th respondent. The fact being so we do not think that the prayer as sought for can be granted. Hence we close the

WP(C) No. 32629 of 2014 -:2:- Writ Petition with liberty to the petitioner to approach the Police if any cause of action arises in future. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/18/11