Titanium Builders And Developers ... vs The Station House Officer & Circle ...

Citation : 2022 Latest Caselaw 5336 Ker
Judgement Date : 20 May, 2022

Kerala High Court
Titanium Builders And Developers ... vs The Station House Officer & Circle ... on 20 May, 2022
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                    WP(C) NO.10127 OF 2022
PETITIONER :-

          M/s.TITANIUM BUILDERS AND DEVELOPERS PVT. LTD
          MATTOOR, KALADY, ERNAKULAM DISTRICT, PIN-683 574
          REPRESENTED BY ITS MANAGING DIRECTOR,
          SRI.MOHAMMED ASLAM, S/O.ABDULKHADER, AGED 28,
          RESIDING AT MUNDETH HOUSE, MEKKALADY,
          ERNAKULAM DISTRICT, PIN-683 574.

          BY ADVS.
          K.A.HAZAN
          V.J.JAMES
          M.M.FATHIMA JALEENA
          ARUN PAUL (KAPRASSERY)
          K.P.WILSON


RESPONDENTS :-

    1     THE STATION HOUSE OFFICER & CIRCLE INSPECTOR OF
          POLICE, KALADY, ERNAKULAM DISTRICT, PIN-683 574.

    2     THE DISTRICT POLICE CHIEF
          ERNAKULAM (RURAL) ERNAKULAM DISTRICT,
          ALUVA, PIN-683 101.

    3     THE CHAIRMAN
          KERALA HEAD LOAD WORKERS WELFARE BOARD,
          DISTRICT COMMITTEE OFFICE, ERNAKULAM DISTRICT,
          KOCHI, PIN-682 035.

    4     ASSISTANT LABOUR OFFICER
          ANGAMALY, ERNKULAM DISTRICT, PIN-683 572.

    5     THE SECRETARY TO GOVERNMENT
          HOME DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM DISTRICT, PIN-695 001.

    6     THE SECRETARY
          ERNAKULAM JILLA HEAD LOAD AND GENERAL WORKERS UNION
          (CITU) MATTOR UNIT, MATTOOR P O,
          ERNAKULAM DISTRICT, PIN-683 574.
 WP(C) NO.10127 OF 2022

                                 -: 2 :-

     7       THE SECRETARY
             HEAD LOAD AND GENERAL WORKERS UNION (INTUC)
             MATTOR, KALADY, ERNAKULAM DISTRICT, PIN-683 574.

     8       THE POOL LEADER
             POOL NO.49, KERALA HEAD LOAD WORKERS WELFARE BOARD,
             MATTOR, KALADY, ERNAKULAM DISTRICT, PIN-683 574.

     9       THE POOL LEADER
             POOL NO.49A, KERALA HEAD LOAD WORKERS WELFARE
             BOARD, MATTOR, KALADY, ERNAKULAM DISTRICT,
             PIN-683 574.

           BY SRI.T.K.SHAJAHAN, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   20.05.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.10127 OF 2022

                                   -: 3 :-


                               JUDGMENT

Dated this the 20th day of May, 2022 This writ petition is filed seeking police protection for conducting loading and unloading activities in the petitioner's premises with duly registered workers.

2. The learned Government Pleader submits that the parties had been summoned to the police station and that an inspection had also been conducted in the premises.

3. The learned counsel for the petitioner also submits that at present, there is no law and order situation and that the activities are being carried out without hindrance.

The said submissions are recorded. This writ petition is disposed of with a direction that in case the petitioner faces any further threat or disruption from the party respondents, the petitioner may inform the Station House Officer, who shall afford protection for the lawful activities of the petitioner.

Sd/-

ANU SIVARAMAN JUDGE Jvt/20.5.2022 WP(C) NO.10127 OF 2022 -: 4 :- APPENDIX OF WP(C) 10127/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENCE NO.A2-1552/2021-22-849 DATED 18.03.2022 ISSUED BY THE KALADY GRAMA PANCHAYATH.

Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 02.02.2022 BETWEEN M/S RELIANCE PROJECTS AND PROPERTY MANAGEMENT SERVICES LTD, AND THE PETITIONER. Exhibit P3 TRUE COPY OF THE IDENTITY CARD NO.HL

-070800080046 DATED 02.02.2022 ISSUED TO GOVINDA BABARLUWA.

Exhibit P4 TRUE COPY OF THE IDENTITY CARD NO.HL

-070800080045 DATED 02.02.2022 ISSUED TO SANGARAM DAS.

Exhibit P5 TRUE COPY OF THE IDENTITY CARD NO.HL

-070800080043 DATED 02.02.2022 ISSUED TO SRIKANTA PARIDA.

Exhibit P6 TRUE COPY OF THE IDENTITY CARD NO.HL

-070800080042 DATED 02.02.2022 ISSUED TO APURBA BARGOHAIN.

Exhibit P7 TRUE COPY OF THE IDENTITY CARD NO.HL

-070800080044 DATED 02.02.2022 ISSUED TO SUNILDAS.

Exhibit P8 TRUE COPY OF THE IDENTITY CARD NO.HL

-070800080040 DATED 02.02.2022 ISSUED TO PRADEEP K P.

Exhibit P9 TRUE COPY OF THE EMPLOYMENT CUM WAGES REGISTER MAINTAINED BY THE PETITIONER FOR THE WEEK ENDING ON 19.03.2022.

Exhibit P10 TRUE COPY OF THE WAGES SLIP ISSUED TO SRI.GOVINDA BHARLUWA, FOR THE WEEK COMMENCING ENDING ON 19.03.2022.

Exhibit P11 TRUE COPY OF THE COMPLAINT DATED 22.03.2022 FILED BEFORE THE STATION HOUSE OFFICER, KALADY WP(C) NO.10127 OF 2022 -: 5 :- BY THE PETITIONER.

Exhibit P12 TRUE COPY OF THE RECEIPT NO.52373/2022 DATED 22.03.2022 ISSUED FROM THE KALADY POLICE STATION.