Kerala High Court
Mohemed Rasik vs The District Police Chief on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.1919 OF 2021(L)
PETITIONERS:
1 MOHEMED RASIK,
AGED 28 YEARS
S/O. ABDUL AZEEZ, MANAGING PARTNER, ALIF STEELS,
MUKKUNNOOR, VENJARAMOODU, THIRUVANANTHAPURAM
DISTRICT, RESIDING AT RAHATH VILLA,
PANIKKARUKONAM, MANALIMUKKU, VENJARAMOODU, NELLANDU,
THIRUVANANTHAPURAM DISTRICT.
2 SAJAD,
AGED 45 YEARS
S/O. ABDUL RASSAQ, PARTNER, ALIF STEELS, MUKKUNNOOR,
VENJARAMOODU,
THIRUVANANTHAPURAM DISTRICT, RESIDING AT SAJEENA
MANZIL, MYLAKKAL, VENJARAMOODU P.O., NELLANAD,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
THIRUVANANTHAPURAM (RURAL), PLAMOOD,
CHARACHIRA ROAD, KOWDIAR P.O.
THIRUVANANTHAPURAM DISTRICT 695 003.
2 THE STATION HOUSE OFFICER,
VENJARAMOODU POLICE STATION,
THIRUVANANTHAPURAM DISTRICT 695 607.
3 KERALA HEADLOAD WORKERS WELFARE BOARD,
THIRUVANANTHAPURAM DISTRICT OFFICE,
KAUSTHUBAM COMPLEX, CHENTHITTA,
THIRUVANANTHAPURAM DISTRICT 695 036.
4 JAYAN, CONVENER,
CENTRE OF INDIAN TRADE UNIONS (C.I.T.U),
MUKKUNNOOR UNIT, VENJARAMOODU,
THIRUVANANTHAPURAM DISTRICT, 695 607.
WP(C).No.1919 OF 2021(L)
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5 RAJU, MEMBER,
CENTRE OF INDIAN TRADE UNIONS (C.I.T.U),
MUKKUNNOOR UNIT, VENJARAMOODU,
THIRUVANANTHAPURAM DISTRICT, 695 607.
6 SUDHI,MEMBER,
CENTRE OF INDIAN TRADE UNIONS (C.I.T.U),
MUKKUNNOOR UNIT, VENJARAMOODU,
THIRUVANANTHAPURAM DISTRICT, 695 607.
7 RATHEESH,MEMBER,
CENTRE OF INDIAN TRADE UNIONS (C.I.T.U),
MUKKUNNOOR UNIT, VENJARAMOODU, THIRUVANANTHAPURAM
DISTRICT, 695 607.
R3 BY ADV. SHRI.THOMAS ABRAHAM
R1-R2 BY SRI SUNIL NATH N.B- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.1919 OF 2021(L)
3
JUDGMENT
The 1st petitioner, who is the managing partner, and the 2 nd
petitioner, who is the partner of the establishment by name Alif
Steels, have filed this writ petition under Article 226 of the
Constitution of India, seeking a writ of mandamus commanding the
2nd respondent to provide adequate and effective police protection
to them to run their establishment by employing their own
employees, from the threat caused by respondents 4 to 7 and their
men. The petitioners have also sought for a declaration that they
are at liberty or free to employ any worker of their choice in their
establishment, since the area in which the establishment is situated
is not covered by the scheme notified by the Government as per
Regulation 3 of the Kerala Headload Workers (Regulation of
Employment and Welfare) Scheme, 1983.
2. On 25.01.2021, when this writ petition came up for
admission, the learned Government Pleader took notice on
admission for respondents 1 and 2 and the learned Standing
Counsel took notice on admission for the 3 rd respondent. Urgent
notice by special messenger was ordered to respondents 4 to 7,
returnable by 29.01.2021.
WP(C).No.1919 OF 2021(L)
3. On 29.01.2021, when this writ petition came up for
consideration, this Court granted an interim order directing the 2 nd
respondent to provide adequate and effective police protection for
the petitioners to run their establishment by employing their own
employees, from the threat caused by respondents 4 to 7 and their
men, for a period of one month.
4. Today, when the matter is taken up for consideration,
the learned counsel for the petitioners seeks permission to
withdraw the writ petition.
Recording the aforesaid submission made by the learned
counsel for the petitioners, this writ petition is dismissed as
withdrawn.
Consequently, the interim order granted by this Court on
29.01.2021 is vacated.
Sd/-
ANIL K.NARENDRAN
jv JUDGE
