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Kerala High Court
Vishnu K vs District Police Chief on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 16913 OF 2024
PETITIONER:
VISHNU K
AGED 31 YEARS
RESIDING AT 521/20, CHEMMANUKARA, VAYALIKARAVEEDU,
NARUVAMOODU.P.O, PALLICHAL, THIRUVANANTHAPURAM, KERALA.,
PIN - 695020
BY ADVS.
BHARATH V GOPAL
THEJAN RAJ
RESPONDENTS:
1 DISTRICT POLICE CHIEF
PATTOOR PMG RD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, KERALA, PIN - 695033
2 STATION HOUSE OFFICER
NARUVAMOODU, POLICE STATION, THIRUVANANTHAPURAM, PIN -
695528
3 HEADLOAD AND GENERAL WORKERS UNION (INTUC),
NARUVAMOODU UNIT, NARUVAMOODU P.O, , REPRESENTED BY THE
CONVENER, PIN - 688528
4 HEADLOAD AND GENERAL WORKERS UNION (CITU)
NARUVAMOODU UNIT, NARUVAMOODU P.O, , REPRESENTED BY THE
CONVENER., PIN - 688528
5 HEADLOAD AND GENERAL WORKERS UNION (BMS)
NARUVAMOODU UNIT, NARUVAAMOODU P.O, REPRESENTED BY THE
CONVENER, PIN - 688528
6 HEADLOAD AND GENERAL WORKERS UNION (AITUC)
NARUVAMOODU UNIT, NARUVAMOODU P.O, REPRESENTED BY THE
CONVENER., PIN - 688528
7 HEADLOAD AND GENERAL WORKERS UNION (JSS)
NARUVAMOODU UNIT, NARUVAMOODU P.O, REPRESENTED BY THE
CONVENER, PIN - 688528
BY ADV R.T.PRADEEP
WP(C) NO. 16913 OF 2024
2
SMT.REKHA C.NAIR, SENIOR G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16913 OF 2024
3
JUDGMENT
When this matter was considered on 10th of May, 2024, the learned Judge of this Court passed the following order.
"It is submitted by the learned Counsel for the respondent Nos. 3, 4 and 6 that their members are not causing any threat to the life of the petitioner. This is recorded.
Post on 23.05.2024.
This order shall not, in any manner, affect the rights of the parties in the conciliation proceedings, if any, initiated by the Assistant Labour Officer."
2. Today, the learned Counsel appearing for respondents No.3, 4 & 6 conceded that the area where the activities of the petitioner is being carried on is not covered by a scheme under the provisions of the Kerala Headload Workers Act, but prayed that liberty for his client be reserved to continue with legal remedies, including conciliation proceedings, before the Assistant Labour Officer, Neyyattinkara. WP(C) NO. 16913 OF 2024 4
3. The learned Senior Government Pleader, Smt.Rekha C.Nair, conceded that since the area is not a scheme covered one, the Police authorities are affording necessary protection to the petitioner and his employees. She added that this will be continued to ensure that law order is always maintained.
4. Taking note of the afore submissions and recording the same, I allow this Writ Petition, acceding to the prayers made in this Writ Petition and adverting to the submissions of the petitioner, as made by his learned Counsel, Sri.Thejan Raj; thus directing the 2nd respondent Station House Officer to ensure that the afore mentioned interim order is complied with and that the petitioner and his employees are afforded necessary protection against every threat, including from the party respondents. WP(C) NO. 16913 OF 2024 5
5. As far as the party respondents are concerned, their rights, if any, before the competent authorities are left open; for which purpose, all rival contentions in that regard are also left undecided.
This writ petition is this thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 16913 OF 2024 6 APPENDIX OF WP(C) 16913/2024 PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY THE RECEIPT OF THE PETITION BEFORE THE NARUVAMOODU POLICE DATED 2. 25-04-2024 Exhibit P2 A TRUE COPY OF PETITION BEFORE THE NARUVAMOOD POLICE DATED 25/4/2024