Sreenivasadas @ Kannan v. Circle Inspector Of Police, Nedumangad

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 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 WP(C).No. 34418 of 2015 (B) ---------------------------- PETITIONER(S) :- ----------------- SREENIVASDAS @ KANNAN, AGED 45 YEARS S/O.G.NARAYANA PILLAI, ARYA AGENCIES, ENIKKARA KARAKULAM P.O., THIRUVANANTHAPURAM.

BY ADVS.SRI.G.RANJU MOHAN SMT.M.SANTHI RESPONDENT(S) :- ------------------

1. CIRCLE INSPECTOR OF POLICE, NEDUMANGAD, THIRUVANANTHAPURAM- 695 541.

2. SATHYAN, CONVENOR, UTUC, ENIKKARA, THIRUVANANTHAPURAM DISTRICT - 695 541.

3. DHAMODHARAN, CONVENOR, INDEPENDENT WORKERS UNION, ENIKKARA THIRUVANANTHAPURAM - 695 541.

4. UNNI, CONVENOR, CITU ENIKKARA, THIRUVANANTHAPURAM.

5. CHAIRMAN, HEAD LOAD WORKERS WELFARE BOARD, DISTRICT COMMITTEE ERNAKULAM - 682 016.

R5 BY ADV. SRI.C.S. AJITH PRAKASH, SC R2-R4 BY ADV. SRI.A.S.SHAMMY RAJ R1 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34418 of 2015 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT P1- TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 17/10/2015 WITH ENGLISH TRANSLATION.

EXT P2 - TRUE COPY OF ACKNOWLEDGMENT RECEIPT. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

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

-------------------------------------------- W.P.(C) No.34418 of 2015 -------------------------------------------- Dated this the 26th day of November 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking for police protection alleging obstruction by respondents 2 to 4 in the matter relating to loading and unloading work being carried on by the petitioner in his business establishment.

2.

It is submitted by the learned counsel for the 5th respondent that the area in question is not a scheme covered area. 3.

Learned counsel for respondents 2 to 4 however submits that they may be permitted to carry on loading and unloading work as per the rates fixed by the Assistant Labour Officer in the said area.

4.

Having regard to the fact that the area in question is not a scheme covered area, it is always open for the petitioner to engage his own workers for loading and unloading work. In the event of any such engagement by the petitioner and if the same is obstructed by respondents 2 to 4 or their men, it is the obligation of the first respondent to ensure maintenance of law and order in

W.P.(C) No.34418 of 2015 -: 2 :- that area.

5.

Under such circumstances, this writ petition is disposed of as under :- The first respondent shall ensure maintenance of law and order in the matter relating to loading and unloading work being carried on by the petitioner with his own workers and also ensure that no obstruction is being caused by respondents 2 to 4 or their men.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/26.11.2015.