Pappachan.V.O vs State Of Kerala

Kerala High Court

Pappachan.V.O vs State Of Kerala on 20 May, 2024

Author: P Gopinath

Bench: P Gopinath

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                        WP(C) NO. 9392 OF 2021
PETITIONER:

            PAPPACHAN.V.O,
            AGED 72 YEARS,
            S/O. OUSEPH, RESIDING AT VEZHAPARAMBIL PARAPPILLY
            HOUSE, MATTOOR, KALADY, ERNAKULAM DISTRICT- 683 546.
            BY ADVS.
            ANOOP.V.NAIR
            DEVI P.


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2       THE DEPUTY SUPERINTENDENT OF POLICE,
            OFFICE OF THE DYSP, PERUMBAVOOR,
            ERNAKULAM DISTRICT-683 542.
    3       THE CIRCLE INSPECTOR OF POLICE,
            KALADY POLICE STATION, ERNAKULAM DISTRICT-683 574.
    4       KERALA HEADLOAD WORKERS WELFARE BOARD,
            ANGAMALY COMMITTEE, ANGAMALY P.O.
            ERNAKULAM DISTRICT, PIN-683 572,
            REP BY ITS SECRETARY.
    5       THE ASSISTANT LABOUR OFFICER,
            OFFICE OF THE ALO, ANGAMALY, ERNAKULAM DISTRICT-683
            572.
    6       K.O PAPPACHAN,
            RESIDING AT KOLENCHERY HOUSE, POTHIAKKARA,
            ERNAKULAM DISTRICT-683 546.
    7       T.P.DEVASSYKUTTY,
            RESIDING AT THANDAPPILLY HOUSE, POTHIAKKARA,
            ERNAKULAM DISTRICT-683 546.
    8       P.V.JOSE,
            RESIDING AT PATTATHY HOUSE, MANIKAMANGALAM,
            ERNAKULAM DISTRICT-683 546.
            BY ADV SRI.S.KRISHNA MOORTHY, SC, KHWWB
            SRI VENUGOPAL V, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9392 OF 2021
                                        2

                                JUDGMENT

This writ petition was filed in the year 2021 seeking Police Protection.

2. This Court had granted an interim order in the following terms on 09.04.2021.

"The learned Govt. Pleader takes notice on admission for respondents 1 to 3 and 5. The learned Standing Counsel takes notice on admission for the 4 th respondent. Issue urgent notice on admission by special messenger to respondents 6 to 8 returnable by 16.04.2021.

The learned Govt. Pleader and also the learned Standing Counsel to get instructions.

List on 16.04.2021."

3. Thereafter on 23.04.2021, this Court had passed the following order:-

"No counter filed by the respondents even though time was granted by this court on 16.4.2021. There is specific pleadings in the writ petition to the effect that the area where the shop of the petitioner is situated is not a scheme covered area. Therefore, there will be an interim direction to respondent Nos.2 and 3 to grant adequate police protection to the petitioner against the action of respondent Nos.6 to 8 and their men to the workers of the petitioner's shop and also for the proper day to day WP(C) NO. 9392 OF 2021 3 functioning of the shop of the petitioner. The respondents are free to file urgent memo after filing counter affidavit. If any urgent memo is filed, the Registry will list the writ petition forthwith."

4. When this matter is taken up for consideration today, it is the submission of the learned counsel appearing for the 4 th respondent that the area in question is not a scheme covered area.

In the light of the above submission and after hearing the learned Government Pleader, this writ petition is closed, making it clear that if the petitioner faces any obstruction from respondents 6, 7 and 8 or any other person claiming under them, it will be open to the petitioner to approach the 3 rd respondent, who shall ensure that law and order is maintained and no obstruction is caused to the business of the petitioner in any manner by respondents 6, 7 and 8.

Sd/-

GOPINATH P. JUDGE DK WP(C) NO. 9392 OF 2021 4 APPENDIX OF WP(C) 9392/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE NO SHO70800080928 DATED 8.2.2021 ISSUED TO THE PETITIONER IN RESPECT OF THE SHOP EXHIBIT P2 TRUE COPY OF THE LICENSE ISSUED FROM THE KALADY GRAMA PANCHAYAT IN RESPECT OF THE SHOP OF THE PETITIONER EXHIBIT P3 TRUE COPY OF THE APPLICATION NO 282029 DATED 8.2.2021 FOR REGISTRATION OF THE EMPLOYEES OF THE PETITIONER'S SHOP EXHIBIT P3 (A) TRUE COPY OF THE APPLICATION NO 281978 DATED 8.2.201 FOR REGISTRATION OF THE EMPLOYEES OF THE PETITIONER'S SHOP EXHIBIT P3 (B) TRUE COPY OF THE APPLICATION NO 281964 DATED 8.2.201 FOR REGISTRATION OF THE EMPLOYEES OF THE PETITIONER'S SHOP EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 15.2.2021 EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 3.4.2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT AND THE ACKNOWLEDGMENT RECEIPT EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT RECEIVED BY THE PETITIONER FROM THE 2ND PETITIONER'S OFFICE